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Spousal Visa advice required

Spousal Visa advice required

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Old Sep 21st 2017, 10:23 am
  #1  
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Default Spousal Visa advice required

Hi there

I currently reside in the UK with my husband and two children. I have been here for 12 years permanently residing, however I have dual citizenship (UK/US) as do my children. My husband is a UK citizen and we are now looking to move to the states and begin a new life there as of June 2018.

We have spoken to an immigration lawyer and have been given various options in regards to acquiring a visa for my husband (ie. the I-130/G-325A/I-864 paperwork). However, following correspondence with the lawyer, I would really like to hear some advice from those who may have gone through a similar situation.

My husband currently works for an oil company in the UK. Is it best he applies for a visa while I am still here, or would it be better for him to apply if I move over to the States beforehand?

He would continue to work for the company here on a rotational schedule, therefore not requiring to get a job in the US. Is there a regulation which states that you must remain in the US for the first six months once granted a visa - Meaning my husband would have to take time off work?

Would it be beneficial for myself to get a job in the states before he moves over. Would this help the process?

Also, what would be the best way to set up and build a credit history as I haven't had a US bank account or credit since i left over 12 years ago.

Thank you for your time. Any advice at all would be much appreciated.

Kindest Regards,

Louise
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Old Sep 21st 2017, 11:51 am
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Default Re: Spousal Visa advice required

The immigrant visa process is faster if you file the I-130 directly to the USCIS field office in London, while you are still living there.

For the I-864 Requirements, if you don't have enough in assets, a joint sponsor can be used.

Your husband, after entering the USA on his immigrant visa, will be a US PR and can leave the USA again with no problem.

However, you say he'll continue to work in the UK on a rotational basis? For how much longer? How long does he anticipate being in the UK for work each time? There are limits as to how much time he can spend outside the USA without risking abandoning his US PR status.

Rene
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Old Sep 21st 2017, 11:52 am
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Default Re: Spousal Visa advice required

Credit questions should be posted separately in the General USA forum.

Rene
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Old Sep 21st 2017, 12:46 pm
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Default Re: Spousal Visa advice required

It seems like you have most of the bases covered with respect to what you have to do, although if the attorney mentioned the G-325A he is out of date. This has been collapsed into the I-130 and is no longer required.
However, you say he'll continue to work in the UK on a rotational basis? For how much longer? How long does he anticipate being in the UK for work each time?
If it's an oil rig I'm guessing it's probably 3-6 months. Not enough to jeopardize the PR status but absolutely enough to extend the time before he can apply to naturalize extensively.
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Old Sep 21st 2017, 12:55 pm
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Default Re: Spousal Visa advice required

Originally Posted by Noorah101
Credit questions should be posted separately in the General USA forum.

Rene
Thanks Rene, i will post in that forum for advice
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Old Sep 21st 2017, 12:57 pm
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Default Re: Spousal Visa advice required

Originally Posted by Noorah101

However, you say he'll continue to work in the UK on a rotational basis? For how much longer? How long does he anticipate being in the UK for work each time? There are limits as to how much time he can spend outside the USA without risking abandoning his US PR status.

Rene
He will be required to work for another one/two years to finish this project. He will be working on three week rotation, so spending six months per year in each country. Thanks for your help.
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Old Sep 21st 2017, 12:58 pm
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Default Re: Spousal Visa advice required

Originally Posted by civilservant
It seems like you have most of the bases covered with respect to what you have to do, although if the attorney mentioned the G-325A he is out of date. This has been collapsed into the I-130 and is no longer required.


If it's an oil rig I'm guessing it's probably 3-6 months. Not enough to jeopardize the PR status but absolutely enough to extend the time before he can apply to naturalize extensively.
Yes on an oil rig, working on-board up to six months per year, spending the other six months in the U.S itself. Thanks for your help.
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Old Sep 21st 2017, 9:44 pm
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Default Re: Spousal Visa advice required

Originally Posted by Noorah101

However, you say he'll continue to work in the UK on a rotational basis? For how much longer? How long does he anticipate being in the UK for work each time? There are limits as to how much time he can spend outside the USA without risking abandoning his US PR status.

Rene
Ensconced in the abandonment case law is what I call a "reverse L-1." Kinda neat.

Advance preparation is advisable.

Once had a client whose family immigrated to the US. He continued in his job as a 747 pilot flying a transPacific route and continued to come to the US as a NON-immigrant. When it was time for him to retire, we had to arrange matters so he did not run into the crewman bar on adjustment.
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Old Sep 22nd 2017, 12:47 am
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Default Re: Spousal Visa advice required

Originally Posted by civilservant
It seems like you have most of the bases covered with respect to what you have to do, although if the attorney mentioned the G-325A he is out of date. This has been collapsed into the I-130 and is no longer required.
The I-130A is also required now.
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Old Jul 10th 2018, 11:24 am
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Default Re: Spousal Visa advice required

Just wanted to say thank you for everyones advice and guidance. That's Davids visa approved and signed and we are away to start our new lives in America next week! 😁
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Old Jul 10th 2018, 1:47 pm
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Default Re: Spousal Visa advice required

Congratulations and happy landings.
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