Kade9

Hi all,

My wife is American and I'm British. and we're living in the UK. She's living and working on the spouse visa. We're happy here for now, but want to live in the US at some point in the future. I have three questions that I would really appreciate any help with...

1. If I get accepted for a US spousal visa how long can I leave it before moving to the US? I'm wondering if I can go through the process now and leave moving for a while to give us maximum flexibility.

2. My wife has heard that it will be easier for me to get a US spousal because she has lived and worked here on the UK spousal visa. Is that true?

3. If we have a baby in either the UK or US will it have dual citizenship?

Thanks for reading...any insights would be a great help.

ian-mstm

Once you have received an immigrant visa (IV), you have 6 months in which to use it. Even so, many people travel sooner, get the visa validated at the port of entry, then immediately return to the UK to sort things out. You don't want to remain outside the US for more than 6 months at a time... so, if you sort things out during the 6 months of the visa's vailidity, travel to the US to validate the visa, and return to finish things up... that'll give you about a year.

Easier? No. Eligibility is based on her being a US citizen. However, it will definitely be quicker because she can file the paperwork directly to London rather than to the US. This shaves off about 3-4 months of waiting. Total time in London is about 5 months from the time she files the initial I-130 petition until you get the IV. You will want to research the term "intent to domicile"... it will come up.


If you are both eligible to pass citizenship to the child, yes... the child will be a dual citizen at birth. Eligibility to pass citizenship to a child isn't automatic and each country has its own rules, so you'll want to check that out. Generally though, if you've both lived in your respective countries for most of your life, the child will be a dual citizen.

Ian

Kade9

That's brillaint info, thanks for such a considered response.

That info has prompted some new questions:

1) How long does my wife have to live here before she can apply for dual citizenship? How long does that application usually take?

2) Assuming I get a US visa, how long do I have to live there before I can apply for dual citizenship, and how long does that applciation process usually take?


Again, any pointers are greatly appreciated.

ian-mstm

That I'm not 100% sure... but I believe 3 years after she receives ILR... which she may or may not currently have.


Based on your marriage to a USC, you must be a permanent resident (= green card) for 3 years before you can apply to become a USC. Actually, you can apply 90 days prior to that 3rd year anniversary... but you must be married for a full 3 years before you can become a USC. For someone not married to a USC, the wait is 5 years. There are two other requirements also... physical presence and continuous residency. Go to www.uscis.gov and find the "Guide to Naturalization". It's all in there! These days... it's taking about 6 months start to finish.

Ian