misfitfreak

i am the usc and my husband is the ukc. i moved to the uk last year on a spouse visa and i am working. unfortunately things are going bad for us here and we are thinking of moving back to texas. i am on a spouse visa for another year and then i can apply for citizenship in the uk but not sure if we want to stay here. if we did decide to move back to america neither one of us would have a job to go to straight away but my father is going to be supporting us till we can get jobs... my question is what do i need to do to start the process of getting my ukc husband a green card so he can start working once we get there and please any advice on the best way to do this. i am thinking of staying in the uk till i can apply for citizenship in the uk so that everything i went through for my spouse visa wont be a waste...sorry if this seems dumb but even though i did all this for my visa i know its different going back to america and im not sure what our rights are since we are married..... also we have been married 7 months now

randomgirl

Hi there,

OK, so you've been living in the UK for longer than 6 months presumably - that means you can file an I-130 petition directly in London. Have a look at this link for more information. I believe direct consular filing (DCF) takes around 5 months or so, and because you're already married your husband will obtain an immigrant visa which will give him full rights to live and work in the US from the day he arrives.

I actually think that it's a very good idea for you to stay and become a UK citizen before moving back to the US, if you wish to do so. It will make things much easier if you ever decide to move back to the UK in the future!

meauxna

hi there.. it would be great if you can hang in there long enough to get your UK citizenship settled. I believe you can apply while there, but complete it from the US?

This article, 'DCF' in London will talk you through the process. I recommend you read it twice and then come back here with some questions.
I think it's pretty straight forward, but I've been reading it for a long time.

Basically, you will petition your husband.
Your husband will apply for an Immigrant Visa.
If you do not have US income or sufficient assets, and your father is willing, he can be a "Joint Sponsor".
When he arrives in the US with an Immigrant Visa, your husband becomes a Permanent Resident and gets a green card as evidence of that.

celticgrid

I am not sure on your timing for naturalisation...

I assume this means some time in 2010, so at the very most you have been there 13 months.

Another year makes 25 months. You need to be resident for at least 3 years before you can apply for naturalization.

It is further adrift than that if you did not arrive in the UK in January last year...

misfitfreak

i am on a spouse visa which i can apply for citizenship in the uk after i have been here 2 years. i moved to the uk in december 2009 on a visitor waiver but then went back to america and got married and got my spouse visa in june of last year.... my spouse visa will expire after being here 2 years so i can then apply for my uk citizenship before that visa expires

celticgrid

I think you may be mixing up Indefinite Leave to Remain (ILR), i.e. permanent residency, with naturalization and therefore citizenship. I'm sure others will be along to verify or correct this view, but in the meantime I suggest you read the official site at:

http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/

misfitfreak

hey your right sorry i am just so worried now what to do........ i did alot to get here but things arent what we thought they would be. i dont want to waste what i have already did to get here but i want things to be better. in a year i can apply for my indefinate leave to remain but if i do stay and get my indefinate leave to remain can i move back to u.s.a and still come back here to live if needed....

avanutria

Celticgrid is correct - there is an extra step, ILR, in between the spousal visa and naturalization. For people who had been living in the UK prior to marriage (like me, on a student visa) the time difference can be a wash as the three years' residency is done by the time the spousal visa is over, but one of the conditions of naturalization is that you are no longer subject to immigration control. Someone on a spousal visa IS subject to it, whereas someone with ILR is not. So you'd have to get ILR anyway, and then if you haven't got three years of residency yet you can't apply for naturalization until you do.

If you stay and get your ILR and then decide to leave the UK, you can return to the UK within two years and the ILR will still be valid (according to current rules). But if you stay out of the country longer than two years and then want to move back to the UK, you have to start all over again with the spousal visa. And if for some reason you are no longer with your husband you'd no longer have the right to move to the UK through marriage.

If you stay longer and get your citizenship then you can be away from the UK for as long as you want and you will still be able to return at a moment's notice.

misfitfreak

thank you all for your help

Bomjeito

Weigh the pros and cons. You've only put 7 months (or less) into the probationary 2 year (well, 27 months) spouse visa. You can only apply for ILR during that 3 months after the 2 year mark. After three years of residency in UK (with allowance for some days out) and still married to the UKC, then you can naturalize.

We thought about that when we made the decision to move back to USA. For us, our life was fine in the UK. However, my husband (UKC) got a very attractive job transfer offer to Houston.

We lined up all the pros (more money in our pockets due to tax regime here in US and Texas, weather, etc.) and cons (me losing my time already toward naturalization in UK - which was the biggest con, as it impacted our ability to readily move back to UK at any later date.)

We put our eggs in the USA basket. But that is because my husband's industry is so robust and we can afford to make choices that we could never have done if we were not with jobs.

I'd try to find employment back in USA prior to moving back. Bear in mind, you may have to be the breadwinner for some time until he finds a job. Unless he's a specialist (then have him find employment prior to leaving) or in a very necessary industry (like medicine), he'll have difficulty to find a good fit right away.

Which leads me to another idea - if your husband IS in a desirable employment industry, have him find work in the USA and have the company relocate you. We came back via relocation and this helped us with a rental flat until we bought our house, rental car, things like that. Every little bit helps.

The Wikis here are very helpful in the information you need to apply for the CR-1 visa, which your husband would need to enter under. If you've been in the UK for 6 months, you can shorten the window by applying with the London US Embassy. Within a few months, he'll have his visa and his employment eligibility starts the day you arrive in the USA.

Study long and hard the employment prospects before you come. Moving takes a lot of resources and stress, but the pay off may be greater.

We don't make more $ than in UK, just the tax burden is less, and housing is much less cost than where we lived in the UK. But we had to give up some things like British humour (really, we miss it), the natural beauty (we moved from hills to flat Texas), friends, NHS, convenience to the rest of Europe... Sometimes we feel that we made the wrong decision - USA isn't for everyone, and I had one year residency already completed toward my ILR. But most days we know it was the best decision, as we can always go back (but my residency clock will have to be reset.)

Your husband and yourself will need to have some serious discussions about is most important to you both. And also you'll need to be upfront about whether or not the intended place in the USA is starting to have signs of life. I'd recommend Houston to folks, but never Las Vegas (for jobs.) Just an example.

Try to test the waters by looking for work back in USA now.

Good luck!

misfitfreak

well, thank you for your input...... its kinda strange though cause im in the same boat as you...... we are moving back to texas cause thats where i am from. this is the situation here..... i am working but my husband isnt.... he cant find work and my wages arent enough really for us to live on.we owe back taxes and back housing benefits because when we moved back to the uk as a married couple we told them but they never changed our status so when we were paying rent the council was paying rent to and even though that money was lost in the system we still have to pay it back...... so we are paying out alot for bills and no money to live on..... we are eating noodles every day and drowning in debt...... my nan passed away last week and i couldnt even fly home to be at her funeral and that made me think...... my dad has offered let us live with him and he said he would support us until we can get back on our feet...... i know i can find work straight away in texas because before i moved i was a manager at gamestop and i was told my job is always there if i need it....... i am just so frustrated and confused cause i dont want to move back and think i wasted all that time getting my spouse visa and leaving before i can apply for the ILR ,but if i stay and apply for my ILR and then leave can still apply for naulization from texas..... THE PROS OF MOVING BACK TO TEXAS AE IT WOULD BE A BIT EASIER FOR US TO GET BACK ON TRACK AND THE CONS ARE I WILL LOSE THE TIME I SPENT ON GETTING MY ILR.....also my husband loved being in texas and i miss my family but again i am still worried also i read this




Once your husband files the immigrant petition (I-130) for you and you have submitted your green card application (I-485), then you are permitted to remain in the U.S. while awaiting a decision on your case. Your applications must demonstrate a bona fide marriage that wasn't entered into to avoid immigration consequences.

You also must prove that you entered the U.S. legally by presenting a valid visa when you arrived. Regardless of how much more time you have before your visa expires, the expiration date on the I-94 card and the entry stamp in your passport is what controls how long you are authorized to stay in the US as a visitor. Most green card applicants must prove that they filed the green card application before their status expired, but this limitation does NOT apply to spouses of US citizens.

You can also file applications for work and travel authorization at the same time, and the government fee is already included in your I-485 application fee. Someone in your circumstances would benefit from talking with an immigration lawyer before filing any applications.



is that true.....

Noorah101

No, those paragraphs does not apply to your scenario. You'll be filing an I-130 for him to get an Immigrant Visa. He becomes a US PR right away in the USA, with full right to live and work in the USA from Day 1.

The paragraphs you quoted (from where, by the way?) refer to someone who is adjusting status from within the USA. A totally different process than the one you would be doing.

Rene

misfitfreak

i found it off yahoo but could we stll apply for his green card while in texas........ or do we have to do it from here..... could we g over on a visitors visa and apply for green card once we get there..... we have been married since june and we arent planning on leaving for another 6 months at the least

Noorah101

It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so don't do that.

If you're going to move to the USA, do it via an Immigrant Visa, as you've been researching. You especially have the added bonus of being able to file the I-130 directly to London, your process will only be about 5 months long...very quick in the world of immigration.

Rene

meauxna

No, that plan is illegal. We showed you the resources for the legal way, which can be accomplished with a better result than your plan, in less than 6 months.