LeafPeeper

Hi,

I'm married to an American girl for 9years, we got married in MA but moved straight away to England. We would now like to move to New Hampshire.

Where is the best place for me to start for information and the application for a permanent visa to stay in the US? I don't particularly wish to change nationality but what would happen should the unthinkable happen and I lose my partner or something. Is it true that I would not be allowed to stay in the States bearing in mind that we have no children?

Is there any real downside to not gaining American citizenship? I know I couldn't vote but even though I am always a firm believer that people should exercise their voting rights it is something I could forego. If not gaining citizenship would make life harder would duel citizenship be possible?

Any advice would be greatly appreciated.

Thanks

civilservant

You need to revise what you know on the subject, because basically everything you stated above is incorrect.

The visa you need to apply for is an IR1, and your wife will need to start by filing a I-130 to have you recognised as her spouse. You will then file for the visa, and attend a medical and interview in London. After you have been granted the visa, will take some time, you will enter the US using your immigrant visa and will become a US Permanent Resident.

After 3 years as a PR, you can apply to naturalize as a us citizen, this will not mean giving up British citizenship. After doing so, you will have all the rights of a US, for example the right to vote.

SanDiegogirl

Start by looking at this link as to how your US spouse can sponsor you for a spouse visa for the US:

http://www.uscis.gov/green-card/gree...ive-us-citizen

JAJ

It would also be a good idea for your American spouse to become a naturalised British citizen, if she has not already done so.

ian-mstm

If your wife filed an I-130 tomorrow, you would get an immigrant visa about 8-10 months from now. You need to know that it will take that long!


That would be www.uscis.gov.


Immigration is a 2-step process. First, your wife files an I-130 petition to London. Once the petition is approved (roughly 4-5 months) you then apply for an immigrant visa (roughly another 4-5 months). Note that there is no such thing as a "permanent visa". All visas are temporary.


Why do you believe you have to?


Once you are a US permanent resident (PR = green card) you can live/work in the US whether or not your spouse is still living.


No... it's not true. I'm not sure where you're getting your information, but most of it is totally off the wall.


Only a US citizen has the right of entry to the US... and if you aren't a USC, you can be deported.


I think you mean "dual citizenship" unless you intend on sparring! Many of us here are dual US/UK citizens. Some of us have 3 or more citizenships. If you are still married to your USC wife, you can apply to become a USC after 3 years. If she happens to die after you become a PR, you'll have to wait 5 years to apply.

Ian

Noorah101

Hi and Welcome to BE.

Start by reading our Wiki Guide to DCF (this is the term for filing the I-130 directly to London, which your USC wife should be able to do, having lived in the UK so long).

Make sure she's up to date on filing US tax returns (she will need at least the most recent 3 years), if she was earning enough income abroad to qualify to file a return.

Many people in your situation have trouble meeting the Affidavit of Support requirements, so make sure you go to www.uscis.gov, Forms, and read the I-864 form and instructions, plus the I-864P to see the income guidelines.

Rene

LeafPeeper

Hi,

Really sorry for the delay in getting back to you, things have been a bit crazy. So kind of you to give me great advice.

Thank You for putting the steps so succinctly Civilservant. If it means I don't have to give up my British Citizenship then I see no reason not to become an American Citizen as well.

Thanks for the great link SanDiegogirl.

What makes you say that JAJ? She's sick of rain, might be a hard sell!

What happens if we are ready to go before I have the visa ianmstm? My question about whether it's best to go for citizenship stems from hearing of that kind of case a few years ago where someone was going to be deported after their spouse died. Maybe I got it wrong, maybe they were illegal in the first place. It's great to hear that's not true as making the move I would like it to be for good.

Thanks for the spelling correction! what a plonker!

If there is no problem in having multiple citizenship then I will go down that road.

Appreciate your time.

hungryhorace

The American government doesn't operate to your preferred timescales. [I suggest] You will have to wait until the American government is ready to issue your visa, THEN, you can emigrate the UK to America.

Noorah101

Because it makes it a million times easier to move back to the UK in the future, if you both wish, and makes hopping back and forth between the two countries so much easier.

Nothing happens. You either just visit the USA using the VWP as you normally would until you have your Immigrant Visa in hand, or you just don't come to the USA until you have your Immigrant Visa in hand. Basically you cannot move permanently to the USA until you have your Immigrant Visa in hand, you can only visit.

I wouldn't worry about becoming a USC just yet. Get your Immigrant Visa and become a US PR first. You can't apply for US citizenship until you've been a PR for 3 years anyway, so you have time in the USA to think about it.

When the time comes.

Rene

LeafPeeper

Thank you so much Noorah101

She hasn't been filing US tax returns, she's been working in England since she arrived and paying tax here? Why would she have to file US tax returns? Is this a problem do you think?

Sounds a bit worrying! I'm not a particularly high earner and my income is made up from a part time job and running two websites. We will be taking with us around £150,000 ($250,000 at current rates) from the sale of our house.

I will pursue all the links you have given me.

Much appreciated.

Noorah101

Because all USCs are required to file a US Tax Return and report worldwide income each year, no matter where in the world they live. They probably don't have to PAY any tax to the USA, but they have to file the return. That is, if they've earned over the required amount IRS dictates.

Not a huge problem...she can file back taxes. She should file at least the most current 3 years worth of tax returns...you will need those at your visa interview.

You and your wife's income won't count on the I-864 anyway, unless it's going to continue from the same source in the USA (which, if it's running a website, it might!). If you are going to have $250,000 in savings, that will be far more than enough in assets to use on the I-864. However, you should not sell any property before having your visa in hand, unless you were going to sell it anyway, or unless you don't mind living somewhere else for a while, if there are delays in getting your visa. Sometimes the property itself can be used as an asset, depends on your own circumstances.

Rene

LeafPeeper

Okay hungryhorace, whilst I appreciate the reply, of course I don't expect that. Why are some poster so abrupt?, I only asked the question. A little friendliness goes a long way! We are going to be selling our home and obviously it's important to get all the logistics in place, that's why I'm asking these important questions now.

Thanks Noorah101, my post a short while ago was directed at your first post, appreciate the update.

What you say in your second post sounds reasurring but I see there are several things to deal with, your advice is worth it's weight in gold. We will be selling the property anyway so renting for a short time wouldn't be a problem.

civilservant

Some poster here (including myself at times ) can be a little abrupt - don't take it personally, it's nothing to do with you

hungryhorace

What's the point of soft coating the information?

You will need to understand from the outset that you are purely at the discretion of the US government when issuing your visa. To attempt to plan otherwise would be folly. Otherwise you could be left homeless or forced to rent / move in with friends or family if you don't fully appreciate this.

That's all I'm attempting to say to you.

LeafPeeper

Thanks Civilservant, things can sometimes come across as abrupt in text when it's maybe not meant. It's just that BE is such a great resource that people feel able to ask questions they might not feel comfortable asking an official.