Really haven't a clue where to start...sorry in advance.

C

CandyBelle

Registered Users (C)
Hi all,

I am a UK citizen married to a US citizen. One by birth. Thinking that it might be better for us to apply for a marriage based GC rather than a K3 VISA as its quicker and less expenisve - but I honestly have no idea where to start!!

From what I can gather its; file the I-130, including in the application marriage license, birth certificate, general information, and...what else? My father in law will have to be my sponsor as well as my husband because we don't have a lot of money anywhere....

If anyone has a timeline or a list of what they sent and when and where I would be ETERNALLY grateful. We live in the UK, btw, so I know that we'd be applying to th embassy in London but other than that.....what....?

Thanks everyone, you're all stars.

CB x
 
Normally they require the petitioner to be living in the US. However, some consulates allow Direct Consular Filing (DCF) if the petitioner is a legal resident in the country of citizenship the immigrant spouse. So if they allow that, he would file the I-130 and supporting documents directly with the consulate, instead of with an immigration service center in the US.

However, they don't allow income from non-US jobs to be used for the I-864 (Affidavit of Support), since the purpose of that form is to prove the ability to support the immigrant when living in the US. So your father in law or somebody else would have to be a joint sponsor, unless you or your husband have enough assets to eliminate the income requirement.

Normally, if you husband were in the US he would just file the I-130 right now, and then the I-864 and other papers would be filed after I-130 approval, but you'll have to contact the consulate about their DCF procedures as it could be different.
 
Thank you very much for your help; I wasn't aware of this at all.

Other Half has residence here, he can work etc. I think my next step is to get him to put in the I-130 to the London embassy.

But thank you very much, I have my next steps - so to speak. :)
 
Thank you, as well, for that information.
Seems I am making things more complicated in my head than they need to be.

Getting hubby to the UK whilst in the US was a DODDLE. This just makes me want to throw up and cry all at the same time.

If I wanted to do this in the US how would I go about that? I thought me going over on a visitor VISA and then applying would technically be illegal? We were married in the UK with a blessing in the US so I assumed I'd have to file in the UK.....

Thanks everyone :)
 
CandyBelle said:
If I wanted to do this in the US how would I go about that? I thought me going over on a visitor VISA and then applying would technically be illegal?
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It's not illegal, but it's frowned upon and unlikely to be successful in your case for a number of reasons.

If you try to obtain a visitor visa, they'll probably deny it because you're married to a US citizen. If you use the visa waiver to enter the US, there is a court ruling earlier this year regarding visa waivers that could destroy or complicate your green card application.

We were married in the UK with a blessing in the US so I assumed I'd have to file in the UK.....
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It doesn't matter where you got married. What matters is where both of you are now, and how you (the noncitizen) spouse entered or will enter the US.

Either your husband moves to the US and files the I-130 there (and then you would file the final paperwork months later at the consulate), or he stays in the UK and files the I-130 as DCF with the consulate. If he's going to pursue the latter, contact the consulate to find out if they want all the I-130 plus I-864, G-325A, DS-230 all at once, or whether they only want the I-130 first and then the other papers only after the I-130 is approved.
 
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Excellent, him staying with me and filing the I-130 in the UK using the DCF was the outcome I came too.

The UK consulate is quicker, I think. Plus its easier to travel too.

Thanks again for all your help. :)
 
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