New application from UK

[oneda]

Hi,

My parents in Law have recently become US citizens having gone through the Greencard process and are in the process of applying for my Wife and me and our 2 children. My Wife was born in the UK and I was born in Kenya, both being UK citizens.

The questions I have are:

1. What is the average period for out application to come through being UK citizens
2. In 2005 I was accused of theft and was taken to court and was found not guilty by a jury, will this effect our application?

Many thanks for your help in advance

 

[dr_lha]

Look at the visa bulletin for dates:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Currently visas are being issued in the F3 category (which you are in) for people who applyed in March 1999, i.e. 8 years ago. From this you can estimate that it will take approximately 8 years for you and your wife to get a Visa number which will allow you to come to the USA and file for a green card.

2. Yes, it will affect things, but the fact you were found "not guilty" should mean it won't negatively affect things. You are asked if you were ever arrested etc on the form. I assume you'll have to answer "yes" to this and provide documents to show you were found not guilty.

 

[oneda]

Look at the visa bulletin for dates:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Currently visas are being issued in the F3 category (which you are in) for people who applyed in March 1999, i.e. 8 years ago. From this you can estimate that it will take approximately 8 years for you and your wife to get a Visa number which will allow you to come to the USA and file for a green card.

I was under the impression that it would be around 5 years, was not expecting 8 year wait.

2. Yes, it will affect things, but the fact you were found "not guilty" should mean it won't negatively affect things. You are asked if you were ever arrested etc on the form. I assume you'll have to answer "yes" to this and provide documents to show you were found not guilty.

When will I need to declare this? I have looked at the i-130 form which will be filled by my Parents in Law and there is no mention. I take it I will need to declare this when our Visa Number comes through in 8 years time? Do you know what the form is called? and how can I confirm that I would need to declare the arrest even if found not guilty.

Thanks
O

 

[dr_lha]

Well it could be less time, or it could be more. It all depends on how things go in the future I guess. All you can do from that number is get an idea.

As for where this question is asked, you're right its not on the I-130, however it is on the form you have to fill out to go get your visa (when I-130 is approved) from the US embassy in London, and its on the I-485 form which is what you file to get your Green Card after you arrive in the USA.

 

[oneda]

Well it could be less time, or it could be more. It all depends on how things go in the future I guess. All you can do from that number is get an idea.

As for where this question is asked, you're right its not on the I-130, however it is on the form you have to fill out to go get your visa (when I-130 is approved) from the US embassy in London, and its on the I-485 form which is what you file to get your Green Card after you arrive in the USA.

Thanks for the information DR_lha, I will hold tight until we move further down the processing chain (probably be a few years) and then get some legal advise on how to best complete the I-485 form.