I 130? Right Visa or Process? Can We?

A

americanwoman

New Member
Hi

I am hoping someone can give me some information. I am an American who is also a Dual Citizen of the UK. (claimed my citizenship via scottish father).

I have been living in the UK for the past two years with my british partner. I was allowed to live/work here on my UK Passport, NO visa needed.

My british partner and I just married last week while we were on holiday in the USA seeing my family and have returned back to the UK to reside.

My question: is my husband allow to apply for a green card or Visa for the US now that we are married? What visa does he need to apply for? When should we apply? We are not planning on living in the US for a few more years but can I start the process now with getting him a visa or greencard? Is this allowed? Will he have problems traveling into the US to visit my family now that we are married or does he need a special visa? Just really confused on trying to find information.

I read that I can apply via London US embassy, but I don't know what I am applying for?


thank you all for taking the time to read this and I really appreciate any advise or information.

thanks again
 
Best to my knowledge, if you and your husband don't have the intention immigrating to US, he doesn't need GC. All he needs is just tourist visa. I-130 or GC is the application for relatives who wish to immigrate to the United States.

It's useless if you start the process now because by the time he got his GC, he has to move to US.

See if anybody have better idea about this?
 
americanwoman said:
Hi

I am hoping someone can give me some information. I am an American who is also a Dual Citizen of the UK. (claimed my citizenship via scottish father).

I have been living in the UK for the past two years with my british partner. I was allowed to live/work here on my UK Passport, NO visa needed.

My british partner and I just married last week while we were on holiday in the USA seeing my family and have returned back to the UK to reside.

My question: is my husband allow to apply for a green card or Visa for the US now that we are married? What visa does he need to apply for? When should we apply? We are not planning on living in the US for a few more years but can I start the process now with getting him a visa or greencard? Is this allowed? Will he have problems traveling into the US to visit my family now that we are married or does he need a special visa? Just really confused on trying to find information.

I read that I can apply via London US embassy, but I don't know what I am applying for?


thank you all for taking the time to read this and I really appreciate any advise or information.

thanks again
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In order for you to sponsor a GC for your husband, you need to be residing in the US and prove that you are financially able to support your husband. Applying for green card shows the intention to reside permanently in the US, so it is no point in applying for a GC when you and your husband have no plan to move back to the US.

Your husband being a UK Citizen can enter the US for a short period of time (3 months) without a visa.
 
Ari,

That's an interesting point - so you mean a USC can file I-130 only when she/he is residing in the US? Can a USC not file I-130 at the US Consulate in the foreign country?
 
a_usc said:
Ari,

That's an interesting point - so you mean a USC can file I-130 only when she/he is residing in the US? Can a USC not file I-130 at the US Consulate in the foreign country?
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That was in reference to the I-864 part which requires the sponsor to be domiciled in the US
 
Hmmm! Means if I wanted to stay with my husband in India and file for his GC that wouldn't have been possible? Reason I am asking is that we were originally planning to stay in India until he got his Immig Visa then come to US together... as for the I-864 we were thinking that I could be the primary sponsor and we'd get a joint sponsor too. But now I realize that wouldn't have been possible... right?
 
a_usc said:
Hmmm! Means if I wanted to stay with my husband in India and file for his GC that wouldn't have been possible? Reason I am asking is that we were originally planning to stay in India until he got his Immig Visa then come to US together... as for the I-864 we were thinking that I could be the primary sponsor and we'd get a joint sponsor too. But now I realize that wouldn't have been possible... right?
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Go to CIS's website.

It mentions:

"...Who is Required to Be a Sponsor?
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United States."
 
Pintu,

That is what I was actually counting on - 'if you can show that your residence abroad is temporary....' I knew there had to be a way. Thanks for confirming.
 
Thank you for the information.

We are planning on living in the US in couple of years but right now we are staying in the UK. I thought it would be possible to start immigration for him to the US while we were both in the UK?? I read on the embassy website that you can file with you local embassy if you are outside the US

So, we can not do anything until we have moved to the US? I was hoping to start the process before so he will be able to work, get SS etc

While we were in the states last week I tried to add my new Hubby to my American Bank Account and he was refused because he doesn't have a SS number. I wanted to add him to my life insurance policy too but once again, he doesn't have a SS number so I was told I couldn't.

I was hoping that we could get this started so I could get him what he needed.

Hmmm, more confused now because the embassy website makes it seem that you can do everything while in the UK via the embassy. It even mentions that the processing time is shorter doing it this way????
 
After I got married, I moved to India with my husband and the original plan was to file for his GC at the US Embassy in Del. Our initial research showed that it was possible to do so and yes, people suggested - it was faster that way. I called up the embassy and they told us that the only requirement was that we should've been married for at least 60 days. However, before we completed our second month of marriage we had to come back to US as he got an assignment here (L-1 visa) so I filed for him here.

What I am saying is that I haven't found any hard evidence suggesting that a USC cannot file GC for her/his spouse while in a foriegn country. Why don't you go up to the US Embassy around your place and talk directly to someone who could explain to you the procedure and clarify whether it is possible or not? We were planning on it, but never got around doing, as we had to come back.
 
hi

I tried calling the embassy and they gave me a 090 number to call at a rate of £1.20 a minute to talk to someone!! I was really surprised by that, they wouldn't even give me any details or listen to what I had to say, they connected me straight to a voice recording offering this number. I called a couple of times to make sure this was right, and each person did the same thing?????

It does say on the website that you can start the process but doens't give you any information from there. I think my situation is different because I am a dual citizen and not in the UK on a visa. We do want to move back to the states in probably 2 years so I don't see why we can't start the process now..

anyone else understand this situation?? thanks
 
You might wanna go up to the embassy and see if you can meet someone in person - might be worth it. But, btw, if your plans are to move to US in two years from now, then it is still to early to start the process. It usually takes just around 5-6 months to get the IV (immigrant visa) and I think there is some timespan after getting the visa, within which you must travel. I think at this time you should just get to know what the process is. I don't know how easy is it to get to a US embassy in UK - never been there, might worth a try.
 
a_usc said:
You might wanna go up to the embassy and see if you can meet someone in person - might be worth it. But, btw, if your plans are to move to US in two years from now, then it is still to early to start the process. It usually takes just around 5-6 months to get the IV (immigrant visa) and I think there is some timespan after getting the visa, within which you must travel. I think at this time you should just get to know what the process is. I don't know how easy is it to get to a US embassy in UK - never been there, might worth a try.
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Once the sponsored immigrant received his/her immigrant visa, he/she would have to enter US within 6 months (or 180 days... but I do read some posts about 180days vs 6 months). However, if the applicant does not enter US within a specific time period, his/her immigrant visa would be revoked.
 
americanwoman said:
Hi

I am hoping someone can give me some information. I am an American who is also a Dual Citizen of the UK. (claimed my citizenship via scottish father).

I have been living in the UK for the past two years with my british partner. I was allowed to live/work here on my UK Passport, NO visa needed.

My british partner and I just married last week while we were on holiday in the USA seeing my family and have returned back to the UK to reside.

My question: is my husband allow to apply for a green card or Visa for the US now that we are married? What visa does he need to apply for? When should we apply? We are not planning on living in the US for a few more years but can I start the process now with getting him a visa or greencard? Is this allowed? Will he have problems traveling into the US to visit my family now that we are married or does he need a special visa? Just really confused on trying to find information.

I read that I can apply via London US embassy, but I don't know what I am applying for?


thank you all for taking the time to read this and I really appreciate any advise or information.

thanks again
Click to expand...


once you and your husband move back to US, you have to aware of your husband would be restricted on how long he could stay out of US because of his green card status. It also assumes he would like living in US; and be able to find a job and enjoy life here.

make sure you two have thought about it in details.
 
a_usc said:
After I got married, I moved to India with my husband and the original plan was to file for his GC at the US Embassy in Del. Our initial research showed that it was possible to do so and yes, people suggested - it was faster that way. I called up the embassy and they told us that the only requirement was that we should've been married for at least 60 days. However, before we completed our second month of marriage we had to come back to US as he got an assignment here (L-1 visa) so I filed for him here.

What I am saying is that I haven't found any hard evidence suggesting that a USC cannot file GC for her/his spouse while in a foriegn country. Why don't you go up to the US Embassy around your place and talk directly to someone who could explain to you the procedure and clarify whether it is possible or not? We were planning on it, but never got around doing, as we had to come back.
Click to expand...

If the USC applies GC for spouse, it means that they want their spouse to come and live with them in the US, or to adjust status to that of a permanent resident and live with them without restrictions of a visa. This is one of the reasons why the USC has to be domiciled in the US in order to be a sponsor (This way your intention of getting your spouse to come to the US and live with you is clearly established). Also, as long as you are able to prove that your residence abroad is temporary, you will be eligible to file for a GC. It however does not make sense if the USC is living abroad and intends to do so and wishes to apply GC for spouse who is living with them outside US. It is called "Permanent residence" for a reason, and one must prove all intentions of staying in the US or risk losing the GC. My $0.02...
 
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