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Thread: Moving from the UK to the US - 4 Questions

  1. #1
    My husband and I are currently living in the United Kingdom. I am a United States Citizen and my husband is an Australian Citizen. My husband has indefinite right to remain in the United Kingdom and when we were married I was able to get a spouse visa to live and work in the United Kingdom.

    We would now like to move to the United States and from information we've read I have a few questions that I thought someone in this forum might be able to answer:

    1. From the information I'm reading I'm not sure if I will be able to be his sponsor to get him an immigrant visa and subsequent green card. The reason being I have been living with my husband in the UK for the past two years. Does anyone have any additional information on this?

    2. I'm currently employed in the UK but would need to find employment in the US - will this impact my ability to prove that I can support myself and my husband when completing the I-864?

    3. My husband actually has an offer of employment but I will need to complete my notice period for my job in the UK, can my husband go to the United States before me to begin working?

    4. We will be living with my parents until we can find a place of our own to live. Do I need my parents to provide any documentation that they are allowing us to live with them when we arrive back in the US?

    Any information anyone can provide on the questions above would be greatly appreciated!

  2. #2
    My husband and I are currently living in the United Kingdom. I am a United States Citizen and my husband is an Australian Citizen. My husband has indefinite right to remain in the United Kingdom and when we were married I was able to get a spouse visa to live and work in the United Kingdom.

    We would now like to move to the United States and from information we've read I have a few questions that I thought someone in this forum might be able to answer:

    1. From the information I'm reading I'm not sure if I will be able to be his sponsor to get him an immigrant visa and subsequent green card. The reason being I have been living with my husband in the UK for the past two years. Does anyone have any additional information on this?

    2. I'm currently employed in the UK but would need to find employment in the US - will this impact my ability to prove that I can support myself and my husband when completing the I-864?

    3. My husband actually has an offer of employment but I will need to complete my notice period for my job in the UK, can my husband go to the United States before me to begin working?

    4. We will be living with my parents until we can find a place of our own to live. Do I need my parents to provide any documentation that they are allowing us to live with them when we arrive back in the US?

    Any information anyone can provide on the questions above would be greatly appreciated!

  3. #3
    1. Yes, you can sponsor him regardless of your current place of residence. You'll need to provide the US address for correspondence, which also will determine which service center will handle paperwork.

    2. As long as you can show that your income is at least 125% of powerty level, you are eligible to sponsor. The income can be worldwide.

    3. Yes, your husband can enter the US alone and before you.

    4. This is not even an issue. All the USCIS will ask upon entry is the mailing address for plastic Green Card and other correspondence.

    It should be straightforward process, but may take several months to complete.

  4. #4
    Thanks very much for your detailed responses. We've heard the process can take some time and we are planning to manage everything through the embassy in the UK as we are both living here; not sure if that is better or worse than dealing directly in the United States.

  5. #5
    Look into what is known as Direct Consular Filing, although the Embassy in the UK does not adopt that terminology, they refer to is as an I-130 spousal process. Please review the Affidavit specifications on the Immigration web pages (USCIS) for explanation of sponsor and domicile, not everything posted on a NG is accurate.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    Thanks for the information. I'm not sure what you mean by "NG"?

    Does anyone else have any information about Direct Consular Filing i.e. is there something we have to action or declare? Will this speed up the process?

  7. #7
    Try this web page:

    http://www.usembassy.org.uk/cons_new...iv/immrel.html

    That page should tell you all you need to know, including the link on the right which explains how to file the petition directly in London.

  8. #8
    moosehayes,

    This link explains the sponsor/domicile bit.

    http://www.usembassy.org.uk/cons_new..._domicile.html

    NG=newsgroup
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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