gixxermad

Hi,

My wife and I are considering moving to the USA and think we have understood the process. However, we are looking for advice on the best approach to take, and likely success rate, due to the following circumstances
- I am a UK citizen
- My wife is still a US citizen and is on Indefinite Leave to Remain in the UK
- she joined me in the UK in 2010, with her son (now 18), also with ILR
- we have been married for 6 years, married in the UK
- in that time, neither of us has worked in full-time employment as we have our own IT Consultancy limited company, both of us are directors, but I have done most of the work
- my wife's mother and sister/family still live in the US

We think that the best way to go about moving to the USA is
- my wife completes the DCF I-130 in the UK
- we wait for the NOA1
- when NOA1 received, I can start preparing all the necessary documents etc while we wait for NOA2
- on completion of NOA2, I should get the package of information, book medical, do form DS-260 and prepare for interview
- my wife will need to complete form I-186
- if everything is ok, I proceed to interview

So here's the advice we need
- as we are both in the UK, and my wife is non-domicile in the US, and currently neither of us with any jobs to go to, what's the chance of being successful?
- given our current working position in the UK, what financial information should we be putting on I-130 and I-186?
- should my wife return to the US and get a job while we go through the process? (not really what we want to do!)
- is there a better/alternative way of doing this

If there is anyone that could provide us with some advice, would be most grateful.

Many thanks

Jerseygirl

Welcome to BE. I have moved your thread over to our Marriage Based Visas forum.

ian-mstm

I-864, but yes. There is a financial requirement so she'll need to either meet that (income and/or assets), or she'll need a joint sponsor who meets the financial requirement.

All the forms are available at www.uscis.gov.


Your chances of success are virtually 100%. She is required only to demonstrate her intent to domicile in the US.


Download and read the I-864, the I-864 instructions (which is a separate form), and the I-864P. Those forms will answer your financial questions.


That's up to her... but there's likely no need.


Take a look here. It should answer most of your questions. You'll be getting an IR-1 visa (not a CR-1 visa), but the process is exactly the same.

As an aside, both your wife and her son should considering naturalizing as UK citizens prior to leaving the UK. The chance may not come again.

Ian

Pulaski

Your wife and her son should seriously consider obtaining British citizenship now, while they can, which give them unrestricted flexibility to return to the UK in future to live or work should they ever want to.

chris23

We're moving stateside in a couple of months and we got my wife citizenship as soon as she was eligible, so glad we did. Can't recommend it enough if they are entitled. You never know what the future holds and as citizens they won't be subject to having to obtain a visa all over again once they become citizens.

Best of luck with it all

Chris

gixxermad

Ian-mstm, thanks for the specific feedback, that's really helpful, and for the comfort that we should be successful.

Pulaski and Chris23... hadn't thought of that but thanks for the tip.. beginning to read up about it and I think definitely worth us doing. My wife thinks she'll have to give up her US citizenship in order to get UK citizenship, but that's not the case is it? Also, my step son is now 18 so would that be more difficult getting UK citizenship?

Thanks

Pulaski

It is perfectly possible to be a dual citizen US & UK, many of us here on BE are, including me. It is a common mistaken belief in both the US and UK that you can't be a dual citizen.

I don't think it is any more "difficult" for your stepson to get British citizenship now that he is 18, though it mighty be more expensive as he will have to make his own application as an adult. It us worth noting that if he naturalizes as a British citizen his children will be British by descent even if he never returns to the UK again.

ian-mstm

No... it's a myth that refuses to die. The reverse is also a myth... that you'd have to give up UK citizenship to become a USC. Just myths!


Your wife is older than your stepson and she can naturalize! What makes you think age is a factor? I believe status is the factor, and both have ILR.

Ian

gixxermad

I don't quite understand... if he is a US citizen now, with a US passport, and he applies for UK citizenship, and therefore has both US and UK dual citizenship, why would his children be British (and not American) by descent?

And I might be being stupid here, but with dual citizenship, how does the passports work? As my wife has US passport, and lets say she gets UK citizenship, does something happen with the passports to show dual citizenship?

Thanks....

gixxermad

Hi Ian, I wasn't particularly thinking of age... obviously if he was 16 then there would still be cost but he would be underage and considered with his mother. As an 18 year old, he has to do it himself, but as you say, both have ILR and it should all be ok... thanks

Pulaski

I was only addressing the incremental change if what would happen if your stepson acquired British citizenship by naturalization i.e. became a dual citizen. You are correct, his children will be born American but in fact they will be born as dual citizens - just as my daughter was. Hypothetically if his wife had other citizenships his children could be born with three, four, or more citizenships.
She'll have two passports, that's all. The US requires that US citizens use a US passport to enter (and leave, though that's a bit theoretical as there are no exit controls from the US) the US, but she could use her British passport to enter the UK for unlimited time periods.

gixxermad

Thanks for the clarification, that's really helpful

Pulaski

You're welcome.

Twinkle0927

His children most likely would be US citizens. If they are born in the USA they would be USCs automatically (as anyone born in the USA is automatically a USC regardless of parentage or parents' status in the USA). Now, if your stepson returns to the USA with you and after one year or so decides he doesn't like it and decides to make use of his British citizenship and live in the U.K. (or elsewhere) then his children won't be USCs if he doesn't live in the USA for at least 2 years after the age of 14. Being a USC alone isn't quite enough to pass on citizenship if you live overseas.

ian-mstm

Generally, this is true. However, children born in the US to foreign diplomats are not US citizens - because they are not subject to US jurisdiction and therefore don't meet the terms of the 14th Amendment.

Ian