Need to apply for a GC for my spouse

Mrsmoh

New Member
Hello,
I'm new to the forum so apologies if I'm asking questions which have been answered elsewhere.

I have been married to my husband since January 2008. We currently live in the UK and he's British and I'm American/British.

I'm not really sure where to start in terms of forms or find information that is current to my situation.

His father passed away two years ago and his mother is advancing in age and he naturally wants to be there for her. She lives in New York as well as his sister. His mother has a US green card from his sister and his sister is a US Citizen. He doesn't have any family at all in the UK, except for me.

Brief history on him, his parents are from Iran and they travelled extensively, he was born in the UK and his sister was born in the US.

The complication is that I can't join him immediately in the US due to my career and the fact that we have a home and other financial obligations in the UK.

Since we've been married for 8 years, I'm not sure if he would get the two year conditional residency on his green card when I apply. So I assume he would get 10 year (permanent) residency ?

Is it going to be frowned upon that I'm not joining him right away ?

That probably sounds odd, but that's just how our relationship is. We decided not to have children prior to getting married simply so we could live our lives and pursue our careers and passions. It's been a happy marriage thus far. He wants to get established there and then I would follow once the economy would allow for us to sell our property in the UK.

Will there be any issue with this ?

Finances are not an issue, but I've read that I do not have to file any forms regarding finance. Is this true ?

Can anyone point me to the forms I need to actually file and what the process is like and how long it takes ?
 
If you petition him to immigrate, you must be re-establishing domicile in the US. You need to be planning to move to the US before or at the same time as him.

He will be a non-conditional permanent resident.

You as the petitioner will need to be a sponsor and sign an Affidavit of Support, where you need to show income (that will continue after immigrating) or assets sufficient to meet the 125% poverty level guidelines. If you don't meet it, you guys will also need to find a joint sponsor, who will also sign an Affidavit of Support. You (and a joint sponsor, if any) must be domiciled in the US.

You will file an I-130 petition, and when it gets approved, it will be sent to NVC which will ask both of you for some things, and eventually he will go through the US consulate in the UK to get an immigrant visa. The whole process takes around a year.

He can visit his mother as a visitor without immigrating, for 90 days at a time on VWP, or for 6 months if he gets a visitor visa.
 
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