CalypsoDeep

Hello,
I was hoping someone could answer question I have about moving to the US with my US citizen husband. My husband is also a UK citizen (but he was born in the US and has lived there for most of his life) and we have been married 14 years.

I was wondering whether it would be possible for my son and I to go to the US with my husband and apply for residency from there. My son is 23 years old, has a disability an is dependent on us for his care. My husband is step-father to my son, but my son has not been legally adopted by him.

If we applied from within the US, would my son be permitted to stay in the US while both his and my application was processed? Or would we have to apply from the UK to ensure were weren't split up/ ensure my son didn't have to leave while his application was considered?

Any insight would be greatly appreciated. Thank you.

SanDiegogirl

You apply from the UK. Your husband must be able to sponsor you (or with a joint sponsor if he cannot meet the financial requirements). As you have a dependent son of age 23 you might want to get some immigration advise.

Read the following carefully to see how to apply:

https://www.uscis.gov/family/family-...nent-residents

You could do Direct Consular Filing via the US Embassy in London - whole process should take about 6 to 7 months this way.

Pulaski

Well firstly, as SDG said above, the process is to apply for a visa before you go, which ia easy and relatively inexpensive, compared to trying to bend the system to what you think is convenient, which runs the risk of you being declined, and potentially being banned from returning to the US for a period of years, irrespective of your husband being a US citizen - the reason for the risk is that on entering the US as a visitor you are formally declaring that you don't have "immigrant intent". The risks of trying to apply "in country" relate to how you came to have suddenly changed your mind, and necessitate the services of a lawyer, which adds significantly to the cost, and also extends the time.

However the biggest problem you face, and a very significant reason why you should get all your visa paperwork finalized before you set foot on a plane, is that there isn't any necessary visa for an adult dependant, and I am not sure how, or even if you're going to be able to get a visa for him. I am not aware of any visa class for dependant adults, and applying for an adult son would require you to be a US citizen, or for your son to have been adopted by your husband, but that wouldn't magically confer on him the right to live in the US. Applying for a visa for an unmarried adult son or daughter will take 10+ years.

Noorah101

Hi Calypso,

Your husband can sponsor you and your son (a USC stepfather can apply for a stepson). Your visa will be a spouse immigrant visa, category IR-1 (Immediate Relative 1), and if the I-130 is filed directly to London it should take 6 to 8 months for the visa to get approved. However, your son would be in a different category of F1 (Family-based 1) and that visa will take much longer. USCIS is currently processing petitions in that category that were filed in 2011. So you'd have many years of waiting until that visa number becomes current. See the Visa Bulletin for more information: https://travel.state.gov/content/tra...arch-2019.html

You can't come to the USA as a visitor and then legally apply for adjustment of status to permanent resident. Even if you wanted to try, your son would go out of status and be in overstay for many, many years until his visa number becomes current allowing him to file for adjustment.

On top of all that, have you looked into the US health insurance cost with a disabled child? It could be unaffordable for you.

Rene

CalypsoDeep

Thank you for your replies so far, everyone. It's been so helpful.

My question now is: knowing that I must apply from outside the US for 2 different visas, should I apply for them at the same time or apply for the F1 first because it will take longer? And can we even apply for that if we're not resident in the US? Alternatively, if we applied for the I-130 and the F1 at the same time, presumably the I-130 would be approved far quicker, and then I would have 6 months to enter the US. Would the existence of a current F1 application for my son do anything to waver this window? Or would I have to enter the US and immediately come back to wait out the F1 application? (Presuming this would be permitted. Leaving my son behind isn't an option.) I'm sorry. It's all a bit of a mess.

Pulaski

You seem to have a very good handle on the situation - you will need to apply for the visa with the longer wait first. If you apply for your visa, you would have to enter within six months to activate it, but in coming back and presumably spending almost all of the following 8-10 years outside the US your status as a "permanent resident" would almost certainly be voided.

You should apply close to the end of your wait period for your son's visa, but you can manage the finalization of your own visa by dragging out each step by delaying responding by upto 12 months (but not a day longer, or your application will be cancelled). And yes, as per your own visa, the visa for your son must be applied for from outside the US - a visa is an entry document, and that is why your original plan was so problematic. And unfortunately having a visa in process for your son will do nothing to extend the window for use of your visa nor will you having your application in process have any bearing on the time-line for your son's visa.

In the meantime, as per Noorah above, you should research what the cost of health care will be for him, and also consider what the care alternatives are if you are no longer able to look after him.

CalypsoDeep

Thank you so much for your answer. I really appreciate the time you've taken to help me fathom the complications. I understand now what must be done!

Pulaski

You're welcome.

scrubbedexpat099

As has been mentioned he will be well into his 30's by the time you can all move and I will assume you will be approaching retirement.

Your Husband will need to meet the sponsorship requirements whatever they are and assuming the system sort of remains as is I have seen greater interest by Consulates in how people will fund health care,

If you are super wealthy at the time may not be an issue, for most people it will.