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Married in USA, Residing in UK

Married in USA, Residing in UK

Old Jan 8th 2018, 6:59 pm
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Default Married in USA, Residing in UK

Good evening all,

I've had a really good read through the forums but can't seem to find anything that relates to our current situation, If anyone can link me to similar posts or offer any advise it would be greatly received.

I am a UK Citizen and my wife is an American Citizen, We met a number of years ago through work and married in October 2016 in NJ, U.S.A

Following this we applied for a 2.5 year Spouse visa for my wife to join me in the UK based on our situations this worked better for both of us, and she arrived Feb 2017. since which we have bought a house together and both have good jobs with Relatively good salaries. Whilst we still have 18 Months left on her Visa we are considering our future and for a number of reasons would like to Move back to the U.S

There are a couple of questions that have arisen during the process so far and i was hoping some of you seasoned pro's might be able to offer some advise.

1) having put some feelers out, i'm finding American recruitment consultants particularly difficult to get a response from, I fully understand that without a green card / permission to work, they see no gain from talking to me. My question, i guess, is, can we apply for my Visa / green card whilst still in the UK and have it issued to us here so the we can use the green card / relevant paperwork in order to apply for jobs, or is it a case of getting the relevant paper work, arriving in the US and THEN start applying for jobs.. I ask because the move will feel much more secure with a job to move too.

2) The Application forms that my wife has to fill in contain information regarding a 'sponsor' can she still be classed as my sponsor whilst she is working in the UK and show records of her UK financial situation to support the application. Or will we need to ask some one such as her parents to be the 'sponsor'

apologies in advance if these seem like dumb questions, i'm just trying to build up an idea of the process' so I can plan when to submit the forms and budget for the fee's .

Thanks all

Jay
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Old Jan 8th 2018, 7:16 pm
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Default Re: Married in USA, Residing in UK

1. Yes, you can and should apply for your immigrant visa while your wife is still in the UK. This process is a fair bit faster than filing in the USA. It might make a difference to a US employer to know that you don't need work visa sponsorship, but will be hard to give a start date...they would have to wait until you enter the USA using your immigrant visa. Realistically, you should not count on getting employed prior to entering the USA.

2. She will be your financial sponsor and complete an I-864. Her UK income won't count, so if you don't have enough in assets, she will need a joint sponsor. Details at www.uscis.gov, I-864 and I-864P.

Rene
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Old Jan 8th 2018, 7:38 pm
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Default Re: Married in USA, Residing in UK

Hi Rene,

Thanks for replying so quickly.

From what your saying it doesn't hurt to apply now, i assume that unlike the UK, once your immigration visa is approved for the U.S and granted, it is endless.

I was just concerned that with my wife's visa for example, she had to arrive in the UK within 3 weeks of receiving her decision and then collect her Biometric residents permit from a designated Postal Office.

From what your saying we could have all of our Visa's and paper work delivered to our house in the UK and then move in the following months as and when we can co-ordinate it (we have a dog-child that will come with us).

With regards to the sponsor, her capital is tied into our house in the UK (which we hope to keep and let out). but this is manageable as her mother has already expressed that she would be happy to sponsor us.

Thanks again,

Jay
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Old Jan 8th 2018, 7:43 pm
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Default Re: Married in USA, Residing in UK

The immigrant visa will be valid for 6 months from the date of your medical exam (which translates to about 4 to 5 months after your interview date).

Having mom be a joint sponsor is perfect. She will complete a separate I-864 package.

Rene
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Old Jan 9th 2018, 1:55 am
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Default Re: Married in USA, Residing in UK

As Rene pointed out, you will not be getting a green card but an immigration visa With direct consular filing in London it will take you anywhere from 4 months to 10 months to obtain.

The visa is only good for 6 six months following the medical, not the issuance of the immigration visa. In other words, if you have your medical in June 2108 and the immigration visa interview in London and it is approved in August, the CR-1 visa must be used by December 2018 not February 2019.

Do you good health (nothing communicable?) and do you enjoy a crime free past and no overstays on any visits to the US? If yes, then you should be fine to get the visa If no to any of the above, you might have difficulties.

You have seen the tip of the iceberg, there is a lot more to learn I suggest you go to the US Consulate page for London and look up the Immediate Relative Visa procedure.
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Old Jan 9th 2018, 9:28 am
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Default Re: Married in USA, Residing in UK

Good morning,

Thanks for your reply. I’m hoping you may be able to confirm for me why I’ll be applying for an immigrant visa and not a green card?
Our aim is to move to America and settle there.

I’ll certainly check out the web site you recommended for the US console the in London.

Many thanks

Jay
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Old Jan 9th 2018, 10:05 am
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Default Re: Married in USA, Residing in UK

Originally Posted by JayMartin
Good morning,

Thanks for your reply. I’m hoping you may be able to confirm for me why I’ll be applying for an immigrant visa and not a green card?
Our aim is to move to America and settle there.

I’ll certainly check out the web site you recommended for the US console the in London.

Many thanks

Jay
The immigrant visa is the travel document, once you get to the US and are allowed in, then you will automatically be granted a green card, in fact you will get stamp in your passport which IS the green card until one arrives in the post. It's just immigration semantics.
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Old Jan 9th 2018, 10:08 am
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Default Re: Married in USA, Residing in UK

Gotcha!! I see!! I found some more useful links in another post so I’ve lined up some reading material for when I get in from work tonight!!

Thanks for your help and patience!

Kind regards

Jay
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Old Jan 9th 2018, 6:42 pm
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Default Re: Married in USA, Residing in UK

Hi All.

I found this link today.

Visajourney dot Com (i can't post URL's)

But under the step by step guide for IR-1 Visa's the section 'interview forms and items'

It references '11) Medical Examination information'

Could anyone please expand on this, will i be sent a for for the doctor to fill out? is there a particular doctors that have to be used? what information are the interviewers expecting to see?

Thanks in advance.

Jay
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Old Jan 9th 2018, 7:11 pm
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Default Re: Married in USA, Residing in UK

I would not trust the information on Visa Journey.

You will need a full medial exam which you will schedule yourself, after approval of the I-130. The doctors are Knightsbridge in London.

Assuming you file the I-130 directly to London, the visa interviewer will want to see the I-864 package, original documents such as long form birth certificate, marriage certificate, etc. Also perhaps the USC's proof of intent to domicile in the USA.

Details will be on the US Embassy London website under Immigrant Visas.

Rene
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Old Jan 10th 2018, 8:44 pm
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Default Re: Married in USA, Residing in UK

Please read the wiki link for DCF London at the start of this forum. Also read the REA ME threads re new criteria for the medical.
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