johnandlindsey

Hello,
Please forgive me if I am not in the correct place to ask my question. I am new and have not learned my way around the threads/discussions.

Here is my story…

My husband is a UK Citizen… born and raised in Scotland. I am from the USA and I petitioned him almost 3 years ago to come over on a fiance' visa so we could get married. So 8 months later everything is approved and he arrived on his K1 Visa. We get married the following day and apply for his green card/ work permit… So… we have decided we do not want to live here in the states and want to move to Scotland to his hometown. Where do I start this process… We also will be bringing my US Citizen daughter (his step-daughter) to live there. He does not have a job there and we were going to stay with his family until we get "on our feet"… From what I am seeing it looks like it will be a challenge for him to move back even though he has not asked for his conditions to be removed from the USA nor has he became a US Citizen.. Please help (and encourage…. I'm feeling more overwhelmed than I did during the first process) Thank you for your help!!!
Lindsey

johnandlindsey

Hello,
Please forgive me if I am not in the correct place to ask my question. I am new and have not learned my way around the threads/discussions.

Here is my story…

My husband is a UK Citizen… born and raised in Scotland. I am from the USA and I petitioned him almost 3 years ago to come over on a fiance' visa so we could get married. So 8 months later everything is approved and he arrived on his K1 Visa. We get married the following day and apply for his green card/ work permit… So… we have decided we do not want to live here in the states and want to move to Scotland to his hometown. Where do I start this process… We also will be bringing my US Citizen daughter (his step-daughter) to live there. He does not have a job there and we were going to stay with his family until we get "on our feet"… From what I am seeing it looks like it will be a challenge for him to move back even though he has not asked for his conditions to be removed from the USA nor has he became a US Citizen.. Please help (and encourage…. I'm feeling more overwhelmed than I did during the first process) Thank you for your help!!!
Lindsey

Vadio

Your husband has to sponsor you for a spouse visa, and your difficult hurdle is the income requirement. He would need to have income of £18,600 + £3800 because you have a child.

Start here: https://www.gov.uk/visas-immigration and click the first link "Check if you need a UK visa". That leads to all the info including various requirements, the application process etc.

I would also visit this forum: UK Yankee | Expat Americans in the UK which is geared to US citizens who want to move/have moved to the UK. Most came via the spousal visa route, others via a student or work visa. There's also a lot of info on here, and you should start with this thread which is a good summary of the basics:

http://britishexpats.com/forum/citiz...mation-830478/

Your husband can move back at any time, but there's a bunch of hoops to jump through (and a lot of fees to pay) for you to come. If yo meet the requirements, it's not so bad, but without a job/income, it's a daunting task.

Vadio

I posted this on your other thread:

Your husband has to sponsor you for a spouse visa, and your difficult hurdle is the income requirement. He would need to have income of £18,600 + £3800 because you have a child.

Start here: https://www.gov.uk/visas-immigration and click the first link "Check if you need a UK visa". That leads to all the info including various requirements, the application process etc.

I would also visit this forum: UK Yankee | Expat Americans in the UK which is geared to US citizens who want to move/have moved to the UK. Most came via the spousal visa route, others via a student or work visa. There's also a lot of info on here, and you should start with this thread which is a good summary of the basics:

British citizen living abroad? Non-EEA spouse? See this thread for basic information.

Your husband can move back at any time, but there's a bunch of hoops to jump through (and a lot of fees to pay) for you to come. If yo meet the requirements, it's not so bad, but without a job/income, it's a daunting task.

mikelincs

You would have to get the writen permission from the father to move your daughter to the UK.

JAJ

As someone else has said, if there is another parent with any custody/access rights you are going to need written permission and/or a court order to meet U.S. requirements, also the U.K. may look for evidence of sole legal custody. How old is the step-daughter?

Also, with a 5 year period to settlement in the U.K., it may not work so well for any child that is already a teenager.

What is meant by that? Are you telling us that he has a conditional 2 year green card and has not petitioned for the conditions to be removed?

JAJ

Also asked at:
http://britishexpats.com/forum/citiz...-child-839728/

civilservant

Vadio gave you a concise and accurate answer - put simply, he'll need to move back without you, get a decent paying job, then worry about bringing you over.

Unlike the US, the UK does not allow the use of a joint sponsor to meet the financial requirements.

johnandlindsey

Thanks so much!!!!

johnandlindsey

Thank you!

johnandlindsey

Thank you.. I have obtained the written permission already from her father. Will we need to amend our current court order and visitation schedule or will a written and notarized copy of approval work for the move?

johnandlindsey

Thank you for the reply.. Yes my husband has a conditional green card and next year the 2 year time for us to "remove his conditions" will arrive. We do not want to remove his conditions seeing we do not want to live in the states. My daughter just turned 4 years old. I only have it in writing for permission to move her from her biological father. He did not fight me so we did not have to get a lawyer and "prove" that her life would be better in the Uk ect. We agreed that with his child support every month that I would pay for her to fly back to the states twice annually. Once in the summer for a month and once in the winter for two weeks rotating around Christmas.

johnandlindsey

Vadio… You mentioned about the income requirement that is required for him to move me over.. My husbands father owns a company and can provide a letter stating what income he will make working for his company. We are not wanting him to move over to the UK and then petition for me to go later. We are wanting to move as a family if possible. Would they take the letter from his fathers company? Also my husband does NOT make this kind of money here in the states so we can not prove he made this income for 6 months here in the states. :/

rebeccajo

Unless your husband has been earning the US equivalent of £22400, then your FIL's offer of employment will not help you move together as a family.

Vadio

I'm honestly not sure re: your father in law's company. It may depend on the size of company, whether a 'limited company' (incorporated) and whether the job is real, with a valid contract of employment. In any case, as it isn't an 'arm's length' relationship, it will likely be subject to more scrutiny than would otherwise be the case.

There's one person on the UK-Yankee site that is VERY knowledgeable, and others who are pretty well up on things as well. Sign up and post the question over there and you will likely get an accurate answer very quickly. Bear in mind too that the timeline for a spousal visa right now is around 3 months unless you pay for priority service, and even then it's a few weeks. Plus, there are application fees involved for you and your daughter. I certainly understand wanting to move as a family, but that may not be possible.