AubreyBullock

We are in the UK, I have been here since April 2012, I have my Residence Permit... husband is full british citizen. Can anyone please tell me the first few steps to start this process?

Michael

When the moderator wakes up, she will likely move this thread to the "Marriage Based Visa" forum.

However to get you started, see the following links. The first is the immigrant visa that is needed for your husband. I suspect you will be able to do a Direct Consular Filing (DCF) and that saves some time acquiring the visa (someone will confirm that later). The second link (2nd post) is the timeline for someone recently completed the process using DCF. The third link is his full journey.

http://britishexpats.com/wiki/CR-1

http://britishexpats.com/forum/showt...763941&page=11

http://britishexpats.com/forum/showthread.php?t=790299

AubreyBullock

will i have no problems going back to the states? this is just a process to get my british husband in?

Rete

If you are a US Citizen why would you have problems. I have asked for your post to be sent to the US Marriage-Based Visa forum.

You might encounter problems with the affidavit of support which you MUST complete as the financial sponsor of your sponsor. That is form I-864.

Also if your spouse has any criminal history, even as a juvenile, he might have a problem. Or if he has a contagious disease, i.e. HIV, sypillis, etc.

Michael

I probably posted a third link after you looked at previous post so look at that link.

That is the process to get your husband to the states. The visa is the CR-1/IR-1 visa that he must acquire. You as the sponsor must petition him as an Immediate Relative 1st Preference to get the ball rolling. Following that, there are forms, police certificates, medical, and an interview that he must attend prior to the visa being issued.

Normally for most people, the US spouse petitions from the US but in your case since you are living in the UK, it is likely that you can petition from the UK directly to the Consulate saving some time in the process.

The process is not fast and easy but it is the process. In June of last year, the UK also changed it's laws and it is now much more difficult to get a non EU spouse into the UK.

AubreyBullock

thank you. I know, we were going through MY visa process when they changed the rules last year. was a nightmare. but i have my residence permit now. so i can work and save money for this visa process.

AubreyBullock

Also! How long after we get the CR-1/IR-1 visa do we need to move? I'm asking because i have looked into the cost of this visa... and it's something we could actually afford now. I'd like to get this visa as soon as possible and then start savingn again for the rest of the process. is this okay? or does this visa expire after a few months? should we wait until we have saved up enough for the ENTIRE process before we start for the CR-1/IR-1?

Bob

Why not stay and get UK citizenship? Seems a big waste of time and money just to ping pong and lose it, when it'll be so much harder to move back to the UK in the future.

It takes about 8-10 months to get the visa and once you get it, you've got 6 months to enter the US.

AubreyBullock

How long will it take to get my citizenship? I don't want to wait much longer and i honestly can't see myself wanting to come back to scotland to live... but i say that now lol

Michael

During each stage, you can delay the process so you could submit the petition and pay for that and if the petition is approved before you are ready for the next step, you can delay the next step. Once you have completed all the processes and the visa is finally issued, your husband has 6 months to enter the US to activate the visa. Upon entry he will get an I-551 stamp in his passport which is the green card allowing him to start work immediately and a few weeks later he will get the physical green card.

If when the visa is issued and you have been married less than 2 years, he will get a conditional green card (CR-1) but if you have been married for more than 2 years, he will get an unconditional green card (IR-1). The unconditional green card is valid for 10 years before it has to be renewed or he can naturalize after 3 years. After two years on the conditional green card, the conditions must be removed from the green card by filing form I-751. The reason for the difference is that if you have been married for more than 2 years, it is assumed that the marriage is legitimate but under 2 years, USCIS will want proof of a real marriage in two years (you could be divorced by that time but the green card holder only has to prove that marriage was real at the beginning and files an I-751 waiver).

Michael

3 years which is the same for you husband to get US citizenship once he gets his green card.

http://www.ukimmigration.com/family/...0three%20years

AubreyBullock

great advice, thank you so much. I will probably take my time with each step because we are kinda stretched for money right now but I can do 300 pounds here and there. over the next year or so.

Michael

I think once the petition is approved, it is valid for one year but if you need longer than that, you can notify the embassy to keep the file open.

civilservant

You need to be aware of the financial implications also regarding sponsorship of your husband. Look at the instructions for the form I864,

AubreyBullock

What happens if... hard to explain... I am in the UK too and I haven't worked in over a year because I've been here waiting for work permits. That form asks for W2s... I haven't had any W2s in almost 2 years and the ones I've had before were just poorly paid part time positions back in the US so they wouldn't work to support anyone. I would be returning to the US along with my husband so I wont have a job set up yet. We will have money saved up to support ourselves, along with help from my mother. But, plainly, I wont have a job when we get there most likely. What should I plan on doing?