greggx101

I have looked round these threads but cant find any info on this so any help appreciated..

I am marrying a US citizen in US this October. We will get her UK Spouse visa and come home to UK after the wedding for a year or 2.

What is the best process for us to both go and live in the US after this couple of years ?

She (or I ) wont have a job in the US immidietly so sponsorship from her will be a little difficult.

Have a nice day everyone.

G

Rete

Depending on what her status is while in the UK, she might be able to petition for you directly through the US Consulate in London. Note, however, they will only accept direct filings if the USC as a certain immigration status in the UK. Their website will tell you exactly.

As for the financial sponsorship aspect she will need to complete the I-864 regardless of her ability at the moment to fulfill the contract by showing the 125% of the poverty guidelines. You can have a co/joint sponsor also complete an I-864 for you.

meauxna

I'm pretty sure this is you I replied to at visajourney but others might read it here and wonder...

Since you will be living together overseas, you don't face the time urgency that causes most people to want to do a non-resident DCF (which is not available in the UK).

Approx. 9 months before you want to move to the US, your spouse can file I-130 for you in the US and let the case work its way through the Service Center and the NVC. Your USC spouse should plan ahead to protect her US domicile if she will only be temporarily abroad (that definition is quite loose--read up on 'domicile' in the DCF Guide for more info).
9 months should give you ample time to work a case through the 'regular' way in the US.
Don't forget the I-864; study it ahead to know what the USC will need to do to qualify as your Sponsor.

If you are not planning on coming to the US for several years, your USC would probably qualify at that time to file locally in London (DCF). If that becomes the case, a rule of thumb is to start your US immigration process about 6 months before your intended move.

NOTE: there is nothing 'magic' about DCF if you have several months to complete your immigration process. There are some instances where it is beneficial to file locally; other times it doesn't really matter. You won't get a 'better' visa filing via DCF, you will just have some extra mail to pass back and forth to the US if you petition in the US.