joey_d

Hi All,

I am new to this forum - but it looks like there are some helpful answers. I am going through the threads as we speak but thought I would note this down if anyone was able to give me a more comprehensive answer.

My family moved to the UK when I was 12 (from Texas) and I have been here ever since (I am now 33). I am married to a British girl and we also have a 6-month-old daughter (Naomi).

We really want to move to Houston, but the whole process is so confusing. If anyone could help me with any of these that would be amazing.

1) We have filled out I-130 - what is a realistic time to expect this to come back?

2) Could we technically move/travel to Houston (as I am a US Passport holder and so is my daughter) and complete this process there? For example, could we go for the 3 months with her on an esta?

3) if no to #2 - what is people's experience on how long the entire immigration process would take?

4) I work in the UK, but will I have to show some kind of financial evidence from the US? what will this need to be?

A Massive thanks in advance!

ian-mstm

Good, you're a US citizen. That makes things easy!


The I-130 is the first step in the visa process. If you file directly to London, you can expect this first step to take 2-3 months for approval.


Was your daughter born in the US? Otherwise, you weren't in the US long enough to pass US citizenship to her. How did she gain citizenship?

At any rate... no. It is illegal for your wife (at least) to enter the US as a visitor with the intent to stay to adjust status.


Yah... no!


Once the I-130 is approved, your wife must then apply for an immigrant visa... another 2-3 months. Once she has the immigrant visa in her passport, she can move to the US.


From the US? No. However, you will need to meet the requirements of form I-864 (available at www.uscis.gov), or you'll need assets at 3x the income amount (or some combination thereof), or you'll need a joint sponsor who does meet that requirement.

Ian

joey_d

Ian,

What a help! Thanks so much What's your history/story?

We sent the I-130 in December. I did see someone on here had to wait for 8 months but hopeful it will come end of this month.

I think the only thing I need to research more is the requirements of form I-864.

In terms of my daughter - I was actually present more than 2 years after my 14th birthday. I came back for 6 months to do a semester at a school in California, and also we came back for 2 months every year. My father was sent on a Missionary Visa back in 1996. I had the school records etc.

Joe

Pulaski

3) With you, the sponsor, being in the UK you can do a direct consular filing (DCF) in London, and it usually seems to take around 6-8 months to get a visa issued, at the lower end if there are no complicating factors and you respond quickly to each reply/step.

Have you been completing US tax returns? You will need to complete the three most recent years retrospectively if you haven't been filing returns each year, as you will need copies to support the visa application for your wife.

joey_d

Thanks Pulaski!

No, I was completely unaware that I would need to complete US tax returns as I have always been living/residence in the UK.

Would it make more sense to get a sponsor (such as my father) who has continually filed tax returns in the US as he still draws his income from the US.

Thanks Again,

Joe

Pulaski

You must be the sponsor because she is your wife.

And all US citizens are dequired to file a tax return (subject to a de minimis income threshold), no matter where in the world they are living. It is rare for any tax to be due, and the first roughly $100,000 of income is excluded anyway, and anything more will likely be offset by UK tax credits. There's no need to panic as only fairly basic information is required to complete the returns if you have been living and working in the UK.

joey_d

Okay, doesn't sound too difficult but thanks for the heads up. Will look into that asap! I was just rather perplexed by the financial proofs that they require. Being in the UK my whole adult life means that I have never had US income so was slightly panicked into thinking I would need to move back to the US prior to the submission of the Immigrant visa, just to get employment as proof of viable support

Luckily, we own our apartment in Houston (no rent) and car (no payments). I am self-employed here in the UK, but want to replicate my business in the US as the market is so much bigger.

What's your history, Pulaski? You're from the UK but now living in the South> How did you manage it? Via the same process as I am now completing?

Cheers,

Joe

Pulaski

Similar process to you, except Mrs P is the USC, and she only lived in the UK for a couple of years after we married. .... We were a fairly early example of an on-line romance, though there are several active BE members who had on-line relationships that predated ours.

We "met" in June 1998, and I traveled to the US to really meet her three months later. After several more trips back and forth we married in February 2000, and we moved to the US in 2001 - my CR-1 was issued on September 10th 2001, and I had three open job offers in NYC at that time.

We tried to love New York, but found it to be too much like hard work, so we left in 2002 and headed south. Mrs P's family is from Virginia.

joey_d

Wow, that's awesome. Yeah, living in London for so long I think New York would have too many similarities. I have always wanted to visit Virginia, as it's so steeped in history. Also, recently been working through some civil war history books.

We are looking forward to hopefully making it over soon. We already travel twice per year and my wife loves the US (Although Houston might not be the forever choice). and than we can visit the UK just as often (her family lives in South Wales)!

That's interesting about the early online daters on here! I look forward to reading a bunch of their stories, and getting involved in the discussions!

Noorah101

Hi joey,

You say you filed the I-130 in December. Did you send it to the USA, or directly to London? That will make a difference in the answers you get here.

So your daughter is a USC? Does she have her US passport?

Rene

joey_d

Hey Rene,

It was sent to the US Embassy London and we received back the confirmation on Dec. 28th stating that the average time was 60 days processing.

Our daughter doesn't have her USC yet. We just had to go back and compile all the information to show that she could get it through me - we have the interview in 2 weeks.

Joe

Pulaski

Please let us know how that goes, and if she is confirmed to be a US citizen, on what basis, because what you have posted so far does not appear to meet the requirements for you to be able to pass on US citizenship to your daughter.

BTW you having a home and car in the US will have no bearing on you getting a visa for your wife, with the only exception being if you seek to use the value of it as an asset to support the application (assuming it is in your name, not your father's).

joey_d

Will definitely let you know how it goes! Hopefully she will be able to get it, otherwise, I assume that it will be another tedious set-back

I was under the impression that if, after my 14th birthday I had been present in the US for a period of 2 years then she would qualify?

I believe in terms of assets it won't be needed - my original confusion came that it would need to be US$ sufficient income, for ongoing support. That would have been hard to prove, as residing in the UK technically i will be jobless upon moving back. It was also a question if they take in circumstantial elements - ie: obviously she is supported by having a place to live etc.

ian-mstm

Did you file an N-600 for her?


Had you already decided to return to the US, there was probably an easier way to do this, but good luck anyway. All roads lead to Rome, eh?


Since you ask, I met my (now) wife online in 1997 when it was not yet fashionable. Although I was born in Scotland, I was living in Canada at the time and ended up getting a K-1 fiancé visa. We married in 1998 and in a few months we'll celebrate our 19th anniversary! I became a USC in 2004.

Ian

Noorah101

Ok, good. That is your fastest option.

I agree with Pulaski. Let us know if that works. I am not sure if they can count up the number of months to total 24 over time, or it has to be 2 years continuous. Keep us posted. If it turns out she doesn't qualify for US citizenship, you will need to file an I-130 for her immigrant visa also.

Rene