Married to US citizen but residing in UK - Understanding process to move to USA

S

scollinguk

New Member
Hi Everyone,

My wife is a US citizen with indefinate leave to remain in the UK as her mother is a UK citizen and has lived her since she was 3. We current both live in the UK.

We have been married for nearly three years (April will be 3rd anniversary) and are looking at a potential move to the USA close to where her dad lives in NM. We were married in Las Vegas.

As she is working for a US based company (Sally's Beauty) she could potentially look at transferring there if there was a opening. However the plan would be, if possible, for me to move over there once employment was established and setup a small rental property while finding something permanant and then have her move with our pets and belongings at a later date.

Obviously i would either need a visa or GC to complete an employment application but wanted to be sure of the correct process to follow to set this all up.

Many Thanks,

Scott
 
scollinguk said:
Obviously i would either need a visa or GC to complete an employment application but wanted to be sure of the correct process to follow to set this all up.
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First she would file form I-130 to petition for you to immigrate. A consulate in the UK should be selected on question 22 of that form, unless you have citizenship elsewhere that you would prefer to interview.

Some months later, after the I-130 is approved you will be contacted by the consulate regarding additional paperwork (see http://forums.immigration.com/showthread.php?202993, post #5) and the fingerprinting, interview, and medical.

Upon approval at the consulate, they will stamp your passport with a 6-month immigrant visa. When you are admitted to the US with the visa, you become a permanent resident and the physical green card will be automatically delivered to your US residence within about 30 days.
 
Thank you both very much.

One last question; once the I-130 is approved and received is the a time limit it is valid for?

IE If i receive it and then have issues finding the employment i am looking for would i find a time constraint that i would have to work to finding a job and then moving there?

Cheers, Scott
 
Within a few weeks or months after the I-130 approval, you would be expected to complete the consular formalities.

There are ways to delay it, but I would not advise that. If you need more time, buy more time after approval at the consulate -- upon consular approval, you will get an immigrant visa that allows 6 months to enter the US. Then after you enter, if you need more time you can leave the US immediately and then stay outside the US up to a year before reentering (2 years if you stay in the US long enough to apply for a reentry permit).

Just bear in mind that if you leave the US quickly after your initial entry, and then stay outside for months, that is likely to delay your eligibility for citizenship. With such trips taken after your initial entry, they are likely start counting your 3-year eligibility clock from the date you settled in as a bona fide US resident, not necessarily the first day you set foot on US soil with the immigrant visa.
 
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Okay, so let me make sure i have this right:

We apply for the I-130, this will take a few months, once the I-130 has been approved I would have 6 months to find a job and move to the USA.

Once I move there I have 3 years to apply for citizenship.

Is that all correct?
 
scollinguk said:
We apply for the I-130, this will take a few months, once the I-130 has been approved I would have 6 months to find a job and move to the USA.
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Not exactly. I-130 approval is just the first stage. Once the I-130 has been approved, which takes about 3-5 months, the case will be forwarded* to the consulate. A few weeks or months later, the consulate will contact you for the final procedures (paperwork, fingerprinting, medical, interview).

After successfully completing the consular formalities, you will have 6 months to enter the US. It doesn't mean you have to find a job or anything like that in 6 months; you just have to set foot on US soil to have your admission registered as a permanent resident. After that initial entry, you can leave for up to a year (2 years if you applied for a reentry permit before leaving).

Once I move there I have 3 years to apply for citizenship.
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You'll become eligible for citizenship in 3 years (provided you've met the various conditions such as physical presence, good moral character, etc.), but you can apply months or years later than that if you want, or don't ever apply at all.


*Some consulates allow Direct Consular Filing (DCF) if the US citizen spouse is residing legally in the given country. This means the I-130 would be filed directly with the consulate, instead of being filed at an office in the US and then forwarded to the consulate after approval. DCF is often faster than the regular route, as the case stays at the consulate from day 1 instead of going back and forth. Contact the consulate to see if they allow DCF for your situation.
 
Ahh, okay.

So the steps are:

1. Apply for I-130, i can see from NikosF's link that the UK embassy use the DCF scheme.
2. I get the letter to go and do the formalities of medical, fingerprints, etc
3. Go and do the formalities.
4. Once approved I then just need to enter the US to be registered as a resident within six months.

So what I am thinking is that once the formalities have been processed and I receive notice that its all finished is to contact the company in question (there is a specific company I am looking at and have current colleagues that know contacts at executive level for them) and arrange a meeting with them. I can stay with one of my wife's family while I am there. This would then have me registered as a resident and I can use the address I stay as my US address for the time being. Once i have a start date for a job I can then go back over a little early, arrange my own rental property, open a bank account etc etc and then start work.

Would this all work?

Cheers,
 
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