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Advice about timing for submitting I-130 and I-485

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luckycat15
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Joined: Mon Sep 01, 2014 9:04 am

Advice about timing for submitting I-130 and I-485

Post by luckycat15 » Mon Sep 01, 2014 9:23 am

Hi all,

Brand new to this board and hoping someone here can help point me in the right direction.

I'm a US citizen, granted ILR in May 2014 based on 5 years on a Tier 2 visa.
Married my husband, a UK citizen, in April 2014. He has absolutely nothing in his past that would impact his ability to get a green card.
We are now looking to move back to the US for a job opportunity (mine).
It is 1st September today and we would like to leave the UK on 7th October. We will be traveling back to the UK to see his family over the holidays in December.

I know that the first step is to file an I-130. And I believe that based on the fact that he is my spouse, and there is no limit on the number of visas that can be granted for immediate relatives, that I can submit the I-485 at the same time as I-130? If so, here are my specific questions:

- Based on our proposed dates of departure (i.e. only 5 weeks away), is it better to submit the application for I-130 and I-485 while we are still in the UK via the US Embassy or wait until we get to the US?
- If we apply while we are still here, is there any problem with him traveling with me to the US on 7th October on a tourist visa since we are planning to return to the UK in December, i.e. less than 3 months in the US for that trip. (It is not a problem if he doesn't work during that initial 3 months.)
- If we do submit the I-485 in the UK, but if we are in the US when the I-485 is approved, what is the process that he would need to complete (interview, medical exam)? Would he have to travel back to the UK to do this?
- I have read about something called a K-3 that apparently would allow him to legally live and work in the US while his immigration application is processed? Is this something that would apply to us?

Those are my most immediate questions. Any help that anyone can provide would be *greatly* appreciated!

Many thanks in advance!
Lori

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