swilt170571

Thanks. Unfortunately then it doesnt look like she can go for that as she will only have been here 3 years.

swilt170571

Thanks I can scrape it in savings (all in my name thanks to previous redundancy!) plus there is equity in the house which we would have to sell to finance a house over there (bloody expensive where were moving to )

212

Don't forget that as she lives in the UK, she and you can file via DCF which is all done in London, and is significantly faster than the 'normal' immigrant visa process.

From start to immigrant visa in hand via London could be as little as 3 - 4 months, and the immigrant visa is valid for six months from the date of medical.

swilt170571

THank you for that, ive jsut had a read up on it and it certainly states it should speed the process up. I do not ice it only ever talks about I-130;s and not the I-864 so much. Would 864 still be needed? I think so as if I read it correct that is to discuss how my Wife would support us?

Thanks in advance

Noorah101

Yes, the I-864 is required no matter what. Go to www.uscis.gov, I-864 form and instructions, and I-864P for level of income and/or assets needed.

Rene

212

Yes. I-864 is needed at the interview (it is not submitted before that).
A job offer, a current job that will continue with funds from a non-US source, or assets can be used, or alternatively a co-sponsor.

No I-864 = no visa.

Noorah101

Or the USC can move to the USA first and secure a job to met the income level.

Rene

swilt170571

I guess though that there is a small chance that application could get rejected and she would be back in America and me and kids here in England. At least if she is here and its rejected were all still together. but in terms of needing the finances that should be fine.

But you do raise an interesting point that I have been thinking of over the weekend.

Lets say we apply for Visa to live in America with my Wife (whos american) for me and my two children 16 + 17 and this is approved. We then have around that 6 months or so to actually move over there.

Is there anything stopping my Son and me moving back to UK for a further year to allow him to finish college?

So I am thinking we go over within the 6 months and perhaps sign / collect any forms / identification we need but then fly back a few weeks later?

Thanks in advance for any further advice

tom169

You shouldn't spend a prolonged period of time outside of the USA when you're a permanent resident. Definitely not over a year.

There are ways to get re-entry, but IMO those should be reserved for other circumstances... Such as going back to UK to care for someone.

swilt170571

We could be doing a long european vacation :-)

Noorah101

The son going back to the UK for add oil probably will be ok. He shoukd apply for a re-entry permit before leaving the USA, and have a trail of establishing the USA as his permanent home, and is temporarily going back for school.

You, on the other hand, might have a more difficult time proving why you had to be back in the UK so long. You might be more likely seen as having abandoned your PR status.

Best not to attempt that plan.

Rene

swilt170571

ok so hopefully one day I can close this thread as successfully completed, but at moment plans are still here there and everywhere with things changing all time!....

One of the areas discussed a few times on here is that once my daughter hits 21 it may be ore difficult for us to move to america with her... However I have been reading this
https://www.uscis.gov/family/family-...nent-residents
which does state you can petition for children over 21 (unmarried)

Does anyone have any advice on the possibility of this being successfull etc?

To quickly summarise I am the Childrens biological father (UK) and my wife is American step mother

Thanks as always

civilservant

Yes you could sponsor her for an F2B (Family Visa, 2nd Preference) when you are a permanent resident, but they are currently taking 8 years to become current and it's likely to get worse over time, so it could be 10 years or more very easily.

If she got married in the interim, she would drop to F3 and you can add another 5 years on top of the 8 at least.

Current timescales are listed on the Visa Bulletin at this link.

swilt170571

wow 8 years!!! there goes my other alternative plan of me to move over with wife first without my kids. That way we would be happy to live in a small place or with friends and family whilst we set up a house for ourselves and jobs etc (hopefully) and allowing me to bring kids over to a settled home life!...

civilservant

Obviously the timescale I outlined about only relates to children that have 'aged out' (ie are 21 or older) and not to any minor children. The minor children can be sponsored as part of your visa.