J / A

April 25, 2016

As the topic suggests, can you postpone an approved IR1 petition and pick up where you left off in a year or two? Our visa interview has not been booked yet though our I-130 has been approved via DCF. We originally planned to go ahead with the visa process, but with a baby due a month after our planned move to the States, we decided it was best for the baby to stay in the UK for another year or two before moving overseas.

Thanks in advance for guidance in this situation.

February 1, 2016

Really? I think I've read that people have been successful in getting a cashier's check at HSBC since they operate in the US as well.

If that's the case, HSBC would be perfect. We have a bank account through them out here in the UK. We'll contact them tomorrow to ask. Prior to my opening this thread, we were reading that you had to go to a Bank of America or another American bank which have branches here in the UK. This seemed too much of a hassle when filling out a simple form with credit card information would only take seconds to do.

They really make us earn these visas through such an overly complicated process, from the collating of boat loads of evidence all the way down to the payment! Go figure. The hassle is all worth it though in the end.

February 1, 2016

Instead of paying with credit card, you have the option of getting a cashier's check or money order. You just need to make sure it's payable in US dollars.

Thanks for the quick reply. We are aware of the cashier's check or money order option, though don't favor this as doing this from the UK is a bit tricky and it usually comes with a sizeable fee (between $25-50). We've done a bit of looking around for this option and just opted to do credit card as it's easiest. This leads us back to my original question, does the credit card have to be from a US bank account? Happy to hear how other people did this.

February 1, 2016

Hi all,

On the credit card payment form, it states: 'DEBIT CARDS AND OTHER CREDIT CARDS CANNOT BE ACCEPTED'. This strikes me as odd as Visa and Mastercard debit cards work quite in the same way as credit cards. Would we run the risk of having our payment denied if we did, in fact, use my American Mastercard debit card information on this form? If we do run the risk of having the payment denied by doing this, would a Visa credit card going out of my spouse's European account be sufficient? Or do the funds need to come out of an American account? This is the only credit card we have between us.

Like many abroad, I do not have a checkbook for my American bank account with me and paying by card is our only option. Furthermore, we have three UK visa debit cards through our banks here. Same question applies here, would these be acceptable?

Seems a lot of trouble to have to have the payment come directly out of a credit card rather than a debit card!

Thank you for your answers in advance.

Kindly,

J & A

January 27, 2016

Most definitely she can. She is advised to bring proof of her intention to return at the end of the trip - letter from her employer, return ticket, confirmation of appointments she has coming up (I think you mentioned in another thread she's pregnant?) etc.

This is great to know, thank you!

January 26, 2016

My wife and I plan to have our I-130 documentation mailed out by the 1st of February via London DCF. We have booked a trip to go the States from the UK at the end of March/early April for two weeks with my wife's parents which leads us to our question and concern. Will my wife be able to travel to the States while the I-130 is being processed? Any input on this matter is appreciated!

Thanks,

J & A

January 26, 2016

The easiest way to see how long London DCF processing is taking at the moment is to look at the info on the right hand panel of their information page: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

As of today, they're processing applications received on December 3rd - so about 6 weeks for the I-130. After the I-130, your wife has to do medical and interview, and that usually takes about 6 - 8 weeks start to finish, depending how on the ball you are with responding to paperwork.

In my experience on this forum and with my own DCF, the process in London tends to take on the order of 3 - 4 months total.

I managed to do the whole process in 10 weeks in 2013, but I think I set a land-speed record that year.

This information is so incredibly helpful and brings much hope for us. Thanks! Given this information, we should have it in hand by June if we're on the ball with paperwork. Luckily, DCF goes much quicker/smoother than filing in the States. We aim to get the application sent out by the end of the weekend so will feedback with how the process comes along for us.

January 25, 2016

Wow, this thread really blew up over the last few days. I want to thank everyone for taking the time to respond. I apologize for not responding sooner.

Luckily, we are applicable for the DCF London route and will be filing this way, which makes the processing time much quicker than a year. According to the following site, processing time for the London branch averages 1.4 months. Source: https://egov.uscis.gov/cris/ptIntlIntro.do

While this seems incredibly quick and a bit unreliable (it refers to April-September processing averages from last year), the DCF London site says to keep ten months minimum between applying and planned moving date. It seems we likely do run the risk of not having my wife's visa in hand in time for the proposed end of July move, but we are prepared for this. We have registered for prenatal testings and birth at a hospital in London, where we will happily deliver our baby if things don't go to plan. But of course, ideally, we would like to have the baby in America - not to have the baby in America as it'd be better than the UK or anything like this, but because this is where I hope to have work starting from the end of August. I would hate to miss the final weeks of pregnancy with my wife and birth of my child, but these things are out of hand.

Given this thread has been moved to the DCF section, how long have others experienced for processing times through the London branch? And has anyone been in a similar situation to us?

Thanks again for your time!

January 23, 2016

It all depends on the timing of DCF should you go that route. The regional forums here are very helpful for that!

DCF definitely seems the quickest and best route for us. We'll get in contact with them as soon as possible and hopefully have the application out by the end of the week!

Thanks for all of your help. Now for positive thoughts on getting a teaching job squared away for back home in the States. This is a nerving process all on its own!

January 23, 2016

She can visit, but moving must have visa in hand. I dare say it'll get tiresome late into pregnancy though. As well, the doctors may not want to clear her for travel. But you never know, I travelled at 32 weeks

Having learned all of this thus far, this process is seeming a bit more daunting than ever expected. If we were to get an application started as soon as possible to the London office, what is the likelihood of my wife having visa in hand by the time we move at the end of July?

January 23, 2016

do you have enough credentials to teach at a community college? if yes, suggest you get in for summer classes.

I'm pretty certain I don't. Also, the school year in the UK doesn't finish until the 23rd of July. It wouldn't make sense to find work between then and the start of the school year in the States (third week of August) with having the move and everything else to sort out.

We have passed the thought around of quitting our jobs early for me to find work back home beforehand, though as a primary school teacher, my experience outside of the field of education is limited. To find a decent paying job worth moving home for before planned wouldn't be a smart option, as I will get paid through to the end of August if I stay with my current school until the end of this school year. Every bit of money helps, especially with a big move like this and the likelihood of my wife not working for at least half a year to a year after we move.

Would my wife be able to move back to America with me while we are waiting for her I-130 and visa to process? Or will she not be able to join me until she has the visa in hand?

January 23, 2016

hmm - i thought timelines for DCF London were running right at 4 months?

This is helpful, thank you.

January 23, 2016

Seems like you are running it really fine, DCF London might get you there, if you do not have cover through your Empoyer when you arrive you can apply for Obamacare in the State you are moving to but that will not start on day 1.

Definitely running it a bit fine. Did not realize the process would take more than six months as this is about the time frame we've read on other websites. This is why these forums are so helpful!

How long does Obamacare usually take to kick in? Is this something we should start applying for before we move out there? And would it apply to my wife if her visa isn't approved yet?

January 23, 2016

as to any timeline for a CR-1/IR-1 visa,

it all depends on your decision on 'where to file'.

Will you file via Direct Consular Filing of the I-130 into London USCIS office, or no ?

Which would be the quickest? I know there is an office in Chicago as well. We were going to apply through there, though if filing via Direct Consular Filing into the London USCIS is quicker, we'll go this route. Thanks for your response

Baby? Cesarean? Currently unemployed?

Welcome to our current anxiety!

We've been married five years in March. I'll have a look through the guide for more information. Thanks for your helpful reply!

January 23, 2016

Hi everyone,

My [German] wife and I [American] used to frequent these boards when we were on our way to receiving my EEA2 visa to live in the UK many years ago. We found this website very helpful and met some good people through our time here. After 8 wonderful years of living in London, we've decided to move back home to America. It's an exciting time for us both but things just got a bit more complex.

We made the decision to move back to America in December. I've since began applying for teaching jobs in the city in which were are moving and have told my employer of our plans to move. We then just found out last weekend that my wife is six weeks pregnant. This will be our first and it's an exciting time for us both, but the underlying uncertainty has begun to set in with the timing. Our plan is to move back to America at the end of July when she will be a bit more than 7 months pregnant. Us expecting a baby hasn't changed our plans at all and we still really want to move but cannot do so before the end of July due to work contracts, etc.

We have many questions, so I'll just fire away. I hope there are people out there who have been in a similar situation as us and can help us along the way!

- We have just begun to look further into the I-130 visa for my wife. Firstly, is this the right visa for her? She's looking to have the right to live and work in America. Or are there other visas we need to apply for? Also, Is this a fairly straight forward visa to apply for or will we run into some tricky situations now that we are expecting a baby?

- If we were to send the application out by February 1st, at what point should we expect the visa to be approved? We've read anywhere between 5 and 6 months. Is there any way to expedite this process?

- Also, will we need to send off our passports during the processing of my wife's I-130? If we do, for how long will our passports be away for? We have plans to visit the States a few times before our actual move at the end of July.

- We would really like to have the baby in America, not the UK. Given I hopefully get a job offer and am able to set up insurance at the end of August (when my new contract will be set to begin), will this be a bit last minute to contact a hospital and make arrangements for the delivery of our baby? Our baby is due on the 20th of September and my wife will require a caesarean section due to a hip surgery she had when she was little, so this might complicate things further when arranging delivery at a hospital in the States. We plan to keep up with appointments here at a hospital in the UK until we move and will take all of the relevent paperwork and information with us to give to the hospital in America.

- This leads me to my next question, insurance. Would it be recommended for us to get a temporary monthly insurance and set up arrangements at a hospital in the US for delivery well before we move out there? And does anyone have experience with getting a temporary insurance like this to hold us over until the real one kicks in at the end of August? We are worried about the costs of having any doctor appointments when paying out of pocket.

There's so much to think about though we are trying to keep positive throughout. Any input from you guys here would be greatly appreciated!

Thanks kindly in advance.

J & A

January 31, 2011

There is a town somewhere in Australia called F_ck.

Hell, Michigan

Titisee, Germany

Bitche, France

I could keep going...

January 30, 2011

Good luck with your move and your plans.

As I'm not a UK citizen myself (but an EEA national), we went through the same EEA-family member process to extend my husband's (USC) stay in the UK until we were ready to go through the US immigration journey, which is where we ultimately wanted to be.

Just to warn you to be prepared for a long-ish wait to be granted the actual 5-year Residence Card (average waiting time is currently 4-5 months from applying) during which your passport is with them. The good news is that you can request your passport back if you're planning to travel and they will send it back, so not much hassle here.

Also, be warned that, although you get sent a letter within a month of your application which states that you can live and work in the UK until your application is decided, many employers don't find this enough evidence (and are also completely unaware of the laws) and refuse to hire you until you actually have the Residence Permit in hand. My husband was lucky as he already had a job from when he was still on his previous visa, and nobody in his company ever questioned how he was extending his legal stay etc. although he was prepared to show them the letter (I think they completely forgot ).

A final point to take into account is that the Residence Card is not granted to family members of EEA nationals in general, but to the family members of EEA nationals who are exercising Treaty Rights in the foreign member-state they apply to (in your case, the UK). In practical terms this means that one of the following should be true:

-the EEA national must be employed in the UK

-the EEA national must be self-employed in the UK

-the EEA national must be a student in the UK

-the EEA national must be living in the UK as a self-sustained person (i.e. through no recourse to public funds)

In addition to proof of the above, if the EEA national sponsoring their family member falls in the latter two categories (i.e. not in an employed/self-employed status), they also have to prove that they have comprehensive health insurance covering them and their family members. Important note here: NHS coverage alone is NOT considered comprehensive coverage for people who don't work/contribute taxes to the UK government for the purposes of the Residence Card application, and lots of cases have been rejected due to that "little detail". That means that if the EEA national falls into any of the latter two categories, they are obliged to purchase private health insurance in order for their family member to be deemed eligible for the Residence Card.

Just some food for thought, in order for you to be prepared for what lies ahead. Again, good luck with your plans!

Christi, thank you much for the information. I have done much research on the matter and know the implications of finding work before EEA2 is processed and returned to me. The downside is that nowadays it might take longer than what you said, up to 6-8 months, which is why I am getting an EEA Family Permit to work for the time being. Did your husband have difficulty finding work on an EEA Family Permit?? I ask because this Permit allows a 6 months right to work and is extended beyond 6 months as long as the EEA2 is processing. So in other words, there is never going to be a time I will be out there when I will be legally unable to work. I have my finger's crossed that I will be given a teaching position at the school I taught at from 2008-2010. But if not, I willy supply teach for the time being. Really hoping I don't run into any problems finding work..

About the EEA National, we don't have to worry about any of that since my fiance isn't a student or self-employed, but has a secure job within a company she's been working with for over five years.

Many thanks to you all for the help!

January 29, 2011

In the rejection notice, it also said this:

"The I-129F you submitted has been received by our office for the following beneficiaries: [fiance's name here].

Your I-129F fees and any supporting documentation is being returned to you for the following reason(s):

The application/petition has not been fully completed. One or more of the following field(s) were not completed:

- Part B Address

Please sensure that you have answered all questions fully and accurately, and return your application package with appropriate fees and supporting documentation to the USCIS address below.

Please be sure to complete the petition fully, submit the approrpriate fees, and include all required supporting documentation."

Just thought I'd add this as well to give more information on what I'm talking about.

January 29, 2011

I read a thread here about somebody where the foreign fiance had an old K-1 that she abandoned but nobody formally scrapped. It came back to haunt them at the embassy.

So, yeah, scrap that bad boy and get it formally withdrawn so when you re-apply at some point in the future, it won't sink your ship.

This is what we are afraid of. We would hate for this rejection due to minor mistake (abbreviating instead of writing out fully, of all things!) would hurt her chances of coming back at some poiont down the road.

More than happy to formally withdraw our case. Just need to know how I would go about doing it and where I would send it to?

January 29, 2011

Was it rejected or denied? Just curious. Usually, when they reject it you get your money back. When they deny it you don't. Also, did you really mean it when you said you "mailed it to the US Embassy"? US embassies don't accept I-129F's. They have to be filed with USCIS in the US. Not even the same branch of the US government.

Anyway, your petition is dead. You don't have to do anything else.

Sorry, a bit of miswording there. I sent it to the Dallas USCIS Lockbox. Also, my check came along with the packet which was returned to me and it wasn't cashed (thankfully).

Looking at the "I-797C, Notice of Action now" Here is a bit of info from it..

Notice Type: "Rejection Notice:

USCIS Alien Number: [blank]

Recepit Number: Receipt number given

And on the bottom of the page there is a TRN # as well as BIN #.

Am I to assume all is okay here and just leave it until we decide to move back to the States in a couple years?

Good on you for making the decision to move to Europe for the time being. I wish that my (now) husband had felt the same. As to your question, as your petition has been rejected and returned (hopefully they didn't cash the cheque) I don't believe that you have to do anything further. You do not have a case number to cancel so that makes life easier.
Good luck with your move back to the UK.

Thank you! We are both quite chuffed about this. England is an incredible place to live. Just love the whole vibe of the country.. the people, the pubs, the history, the sights, and of course easy cost efficient links to visit other countries. Sorry your husband didn't feel the same as I! Perhaps he will change his mind down the road

January 29, 2011

Hi all,

Original plan was for my German fiance and I to marry Stateside and live out here while she acquires her Green Card and right to work in USA via I-129F/K1/AOS/etc. Well, after weeks of putting the whole I-129F packet of information together with evidence and all that and mailing it out to the US Embassy on the 3rd of January, the packet was returned to me on the 17th of January with a big fat rejection notice along with an emblem of the Statue of Liberty stamped on to it. The reason given? "The application/petition has not been fully completed" due to a mistake in address on one of the forms. I wrote her address down as MIDDX under Province instead of Middlesex (MIDDX is the accepted abbreviation used in the UK, much like IL is to Illinois) and under country wrote "GB" instead of United Kingdom... talk about nit picky!

At first I was really upset. K1 visa's will take up until at least August at this point (meaning at least 7 months of being apart) and we were planning a small wedding for the earlier part of that month. Due to this rejection, I'll have to redo the packet and mail it out again and likely not get her approved for a K1 visa until September or even October now. sh*t out of luck, right?

Well after hard thinking and waking her up in the middle of the night to go over my thoughts with her (poor girl), we have decided that this sudden turn of events might not actually be all that bad. It has given us time to rethink our not so distant future. Even days after mailing out the packet for her to get the visa to marry and live with me in the States, I thought about cancelling the check with my bank and instead marry her in Europe to live a couple more years in London and then move back to the States once kids come into the picture. I shrugged this thought off and told myself "too late for this now". But now that this packet has been sent back to me, this is the way we'd like to go. I left my life behind in England in August, and it would be an absolute dream to be able to go back out there for a couple more years to do a bit more travels and find closure on my own terms.

Just yesterday I filed for a visitor marriage visa for the UK and we both will marry March 26th (much better than having to wait until September or later) and I will be moving out there early April on an EEA Family Permit which will give me 6 months right to live and work in the UK followed by immediately filing for an EEA2 visa which will give me the same rights but for five years. The both of us couldn't be happier with this decision.

But my question for you guys is as we already started the I-129F process, do we need to write a letter to USCIS letting them know our change of plans? Or since the packet was sent back to me with a rejection notice and the check wasn't processed, do we not need to do anything? Also, will this be listed in the system three to four years from now hurting her visa chances when we decide to move back to the States?

All help regarding this matter is greatly appreciated!

Regards,

JP

January 19, 2011

Diana, you're great. Thanks for the feedback! Glad to know I'm not alone with this! I'll give them a ring tomorrow. Any idea how long I'll be on hold? Gonna have to step away from the kids (I'm a teacher) and hopefully won't be on hold too long.

January 19, 2011

Hm, there are two Part B addresses that I can see on the I-129F. One's on the first page, next to the petitioner's information. The next Part B is on the second page. Is the beneficiary's name/address/info complete in both sections?

These are the possible reasons I've come up with:

Under Information about your alien fiance(e),

- Question 2 Address, Apt. # was left blank. Perhaps an N/A was necessary?

- State or Country: I put "MIDDX, GB". This is the abbreviated form used on all posts. Should it be written out as Middlesex, Great Britain? Also, as it says State or Country, should I just leave the Middlesex part out all together and just put Great Britain? Or put both as Middlesex, Great Britain?

On to the next page, Part B. Information about your alien fiance(e) (Continued),

- Question 15. Your fiance(e)'s address abroad, under State or Province I put, "MIDDX, GB" as before. Perhaps maybe it was the GB that threw everything off as it did not ask for country. Should I just leave it as Middlesex?

- Question 15 continued, for Country I put simply "GB", however should this be written out as Great Britain?

To me, these seems a bit nick picky, but then again I was prepared for this. Or at least I thought I was. Weeks going into the preparation of this packet and it's sent back with a minor detail wrong or missing in the address.

What are your folks take on this? And would it do me any good to give them a call to see if they can offer any specific help? Or would I come up empty handed? You'd think and hope they'd be a bit more specific, especially since two people's futures and a very special day is depending on this!

All the help you guys can offer in this matter is truly appreciated.

JP

PS - Each page returned to me has numbers printed vertically along the right side. Will I need to redo each page all over again, or leave things just the way they are, only including the changes made to 'Part B address' on the form?

January 19, 2011

Hi fellow I-129F'ers,

So after 15 days of sitting, waiting and hoping everything was going fine with my petition, I've received the dreaded rejection notice in the mail today including the uncashed check and original I-129F packet I mailed to them on the 3rd of January. Reason given: 'application/petition has not been fully completed: Part B Address.' Talk about incredibly horrible luck!

Now the thing that has me scratching my head is that I've gone through the entire section of Part B with a fine tooth comb and have come up with only minor details they might be referring to. But it's all up to interpretation.