Hello! I came across this forum while doing some research online. My husband and I just recently married on August 13 while he was here from England on a visit. I am a US citizen, I filed a I-130 petition on Friday and we were just wondering what we should expect now. It says on the USCIS site to expect it to take 5 months to approve the petition and from what I have gathered they will notify myself and my husband, who is back in England, and then he can file for the Visa and has to have a medical exam and interview.....

I guess mainly I am wondering what more I should expect and how accurate their time frames tend to be. That and I just thought this site seems like it would be a good support type site for us while we are waiting for all of this to pan out and what not.

Thanks for any advice or comments.....

Based on what you said, you could expect one of a few things to happen.

Need some info here before we jump to conclusions.
I assume your husband came here on a tourist visa? Correct if wrong, could be important.

Assuming tourist visa, how much time lapsed from the time of arrival until he said 'I do'. And, was there any visa waiver program usage?

Hi Sketrb81 and welcome,

Here is a link that contains a Step By Step Guide for the K-3 Visa process.

http://www.visajourney.com/for...=custom&page=k3guide

While timelines vary, five to six months sounds about right. Good luck to you guys and congrats on the marriage!

He didn't have to get a visa as it was only a 2 week visit.

So he was on the visa waiver program. You may have a problem. When he arrived the intent was not within the scope of permitted use. Given he was married within such a short time of arrival there will be the presumption of immigrant intent on a non-immigrant entry. Better get a lawyer.

Thank you, ProudUSC! That timeline is helpful. We will just see how it all pans out and all.

If he has left and expects a visa, then as long as he was here legally at the time of his visit, there is no relevancy as to that visit.

If he is in the UK waiting for a visa, you will be notified by USCIS when the approval is sent to the Department of State for an immigrant visa.

I guess I should have given a little background too, my husband and I have known each other for almost 10 years, we dated long-distance back when we first met and I was still in high school. We kept in touch after we broke up and over the last couple years more regularly and started dating again in January, then got engaged in March, so it's not like we knew each other for 2 weeks and got married, though the marriage was not planned. We were just so happy when he was here we decided to elope on a spur of the moment whim and yes he is back in England and will remain there for as long as it takes to do this all legally so he can come back.

Your looking at about 8 months to a year before the K-3 is granted. He may still be able to visit provided he is clear about K-3 app in process and purpose of visit.

You don't have to apply for the K3, but as they don't charge the fee now, you might as well and see what comes through first.

He can still visit the US on a waiver whilst things are pending, but.. he has to make sure he takes all paperwork with him regarding immigration, he must take anything to prove he still has ties to England, like work, mortgage or rent payments, anything basically that shows that he will or has to go back.

As long as Port of Entry believe that he is just here for a visit and will go back to finish the immigration process, he can be ok.
Often proving history of his past visits here is a good sign. If he has any old passports with date stamps on it for the US, good thing to take along too.

Some advice, as soon as he is asked to get a Police record report, tell him to do it as soon as possible as that can take some time.

Also tell him to make sure he is all up to date with all his immunizations including Polio. He needs records of dates etc of childhood illnesses too. If he can get the boosters at his doctor now, all the better. It will save time later and the medical will get through smoothly.

Check the medical list to see what is needed. It helps to know in advance and be prepared.

Oh.. Congrats! and welcome to ILW