USC and UK Spouse

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Old Sep 1st 2014, 7:56 pm
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Default USC and UK Spouse

Hi, I just wondered if anyone can answer a question? My American husband and I have been married for 4 years, currently living in the UK, and my husband is going to be applying for British Citizenship next year. In 3 years we want to attend a certain Bible college in the US. We will do the first 2 years here in the UK, but we're planning to stay in the US after the 3rd year, with the intention of moving our business over there. What we're wondering is once the spouse visa is granted, would I need to enter the States within a certain period or is it open-ended? (I gather it will be valid for 10 years as we've been married for more than 2 years?)

I understand the whole process is likely to take about 10 months, but college will have a specific start date so we'd like to apply well in advance, if possible, so it's one less thing to think about.

Thanks so much for any help.
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Old Sep 1st 2014, 8:47 pm
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Default Re: USC and UK Spouse

The visa you will get is not open ended, you have to use it within 6 months I believe. Sounds like you are planning well, so the logistics and timing should be workable.

After entering USA, you will get a 10 year green card and will be able to travel again, the caveat is to not stay away too long and risk abandoning PR status.

After 3 years PR you will be able to apply for us citizenship, and lose all restrictions.

Last edited by RICH; Sep 1st 2014 at 8:50 pm.
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Old Sep 1st 2014, 9:01 pm
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Default Re: USC and UK Spouse

Originally Posted by TwoDays
What we're wondering is once the spouse visa is granted, would I need to enter the States within a certain period or is it open-ended?
The Immigrant Visa is not open-ended. It will be valid for 6 months from the date of your medical exam, which usually means it will be valid for about 4 or 5 months from date of issue.

If the USC is still living in the UK when you begin the visa process, the I-130 can be filed directly to London, which results in about a 4 - 6 month process for obtaining the visa. Keep in mind that is by today's reports...a lot could change in 2 - 3 years by the time you're ready to move to the USA. Check on the processing times closer to then.

I gather it will be valid for 10 years as we've been married for more than 2 years?
No. You are thinking of the green card validity. If you are married more than 2 years when the Immigrant Visa gets issued, it will be class IR-1. When you use the IR-1 Immigrant Visa to enter the USA, you will become a US PR upon entry, and your green card will be valid for 10 years.

I understand the whole process is likely to take about 10 months
Currently 8 - 10 months if the I-130 is filed to the USA. If the USC is living in the UK, and files the I-130 directly to London, the process takes about 4 - 6 months. But that could change in a few years, so look at timelines again when you get closer to the time you need to apply.

but college will have a specific start date so we'd like to apply well in advance, if possible, so it's one less thing to think about.
You can't apply TOO far in advance, because the Immigrant Visa only will be good for about 4 or 5 months from date of issue. So plan accordingly, keeping in mind that some issues could come up which delay the visa. Or that if you get your visa earlier than you expect, you will need to make the move to the USA earlier than anticipated.

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Old Sep 1st 2014, 9:51 pm
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Default Re: USC and UK Spouse

Thank you both so much. It sounds like it's too premature to do anything for now, but it's enormously helpful to know this stuff so far in advance. Thank you again, I appreciate it very much.
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Old Sep 1st 2014, 10:15 pm
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Default Re: USC and UK Spouse

Originally Posted by TwoDays
Thank you both so much. It sounds like it's too premature to do anything for now, but it's enormously helpful to know this stuff so far in advance. Thank you again, I appreciate it very much.
Have a look at the requirements for I-130 petition and visa application, and start collecting the kind of evidence required. It's not to soon! Intent to domicile, tax returns, financial info etc etc.
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