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apply for spouse visa for him to come here(uk) or me there(usa) ??

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apply for spouse visa for him to come here(uk) or me there(usa) ??

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Old Nov 11th 2011, 5:36 am
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Default apply for spouse visa for him to come here(uk) or me there(usa) ??

hi everyone , im new here this is my first post so please forgive me if im posting at the wrong place

well the thing is me and my fiance will be aiming at getting married next year,
im a british citizen and he is an american citizen.

we are trying to figure out our plan, as this keeps me awake at night wondering if we will ever get to permantely be together!

after we marry we are going to apply for the spouse visa, initialy he was going to come here to england, but i am recieving benefits, i know this is a no go, so after we got married i was going to get a fulltime job and then apply for the visa of course.

but now he is thinking he would like to stay in america for a bit longer,
so my question is if we applied for the visa for me to go and live in america how would it work after say me living in the us for a year or 2, if we then wanted to move back to england? is this possible? if so what process would we have to go through or is there a set amount of time i have to stay in america for?

and another thing i have a child from a previous relationship, her fathers name is on her birth certificate and i know he will never give permission for her to move, even though he is not allowed too see her because of his violent nature, does anyone else have any experience of this ?

thanks
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Old Nov 11th 2011, 5:47 am
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Default Re: apply for spouse visa for him to come here(uk) or me there(usa) ??

Hello and welcome to BE.

Don't worry you posted in the correct place...as this forum is for new members to introduce themselves.

I am moving your thread across to our US Marriage Based Visa forum. The regulars who post in there will be able to help you with questions about moving to the US.

Any questions you have about your future husband moving to the UK should be posted in the Moving Back To The UK Forum. There may be someone who posts in there that can help you. Good luck.

Last edited by Jerseygirl; Nov 11th 2011 at 5:49 am.
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Old Nov 11th 2011, 6:03 am
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Default Re: apply for spouse visa for him to come here(uk) or me there(usa) ??

Originally Posted by michelab11
after we marry we are going to apply for the spouse visa, initialy he was going to come here to england, but i am recieving benefits, i know this is a no go, so after we got married i was going to get a fulltime job and then apply for the visa of course.
OK, so are you saying you guys do or don't want him to come live in the UK?

but now he is thinking he would like to stay in america for a bit longer,
so my question is if we applied for the visa for me to go and live in america how would it work after say me living in the us for a year or 2, if we then wanted to move back to england? is this possible? if so what process would we have to go through or is there a set amount of time i have to stay in america for?
Yes, of course that's possible. You don't have to be in the USA any set amount of time. Keep in mind that when you immigrate to the USA using your Immigrant Visa, you'll be come a US permanent resident. If you don't naturalize and become a US Citizen, then when you leave the USA permanently you'll abandon your US PR status and will have to start all over getting another Immigrant Visa if you guys want to move BACK to the USA in the future. So if possible, you should stay in the USA long enough to become a USC (about 4 years) so that you can then move freely back and forth between countries without applying for a visa anymore.

and another thing i have a child from a previous relationship, her fathers name is on her birth certificate and i know he will never give permission for her to move, even though he is not allowed too see her because of his violent nature, does anyone else have any experience of this ?
Yes, if you search for relevent threads, you'll see there have been others who had children who needed parental permission to let the child move to the USA. If you know for sure your ex will never give permission, then you can safely rule out immigrating to the USA, and just concentrate on becoming eligible to help your husband immigrate to the UK. The embassy WILL need something in writing, either from your ex or from the court, saying that permission is given for the child to immigrate to the USA (i.e., live permanently in the USA).

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Old Nov 11th 2011, 9:25 am
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Default Re: apply for spouse visa for him to come here(uk) or me there(usa) ??

Originally Posted by michelab11
so my question is if we applied for the visa for me to go and live in america how would it work after say me living in the us for a year or 2, if we then wanted to move back to england?
Once you have an immigrant visa to move to the US, you'll become a permanent resident (PR = green card) the day you enter the US. You can return to England at any time - after all, you're not a prisoner... but if you do move back to England you risk abandoning your status as a PR. If you want to return to the US afterwards, you'll likely have to do the visa thing all over again. It'd be easier if you remained in the US long enough to become a US citizen (about 3.5) years and then you can come and go with no restrictions and a guarantee of entry.


... i have a child from a previous relationship, her fathers name is on her birth certificate and i know he will never give permission for her to move, even though he is not allowed too see her because of his violent nature, does anyone else have any experience of this ?
You will either need written permission from the father, or a court order allowing you to remove the child from UK jurisdiction. If you can't get either, she can't leave... and, I'll warrant, you won't want to leave her behind - so that pretty much puts and end to you going to the US.

Loathe though I am to mention it, I'm constrained to point out that if the father decides to contest the court action (as is his right), it could take many years before the case is settled. Alas, it does happen.

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Old Nov 11th 2011, 1:15 pm
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Default Re: apply for spouse visa for him to come here(uk) or me there(usa) ??

Originally Posted by michelab11
after we marry we are going to apply for the spouse visa, initialy he was going to come here to england, but i am recieving benefits, i know this is a no go, so after we got married i was going to get a fulltime job and then apply for the visa of course.
Why wait until you are married to find work?
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