deyoung69

Hello Everyone,

My wife is a US citizen from birth. We've been married for 7 years and have 3children (all with US passports,) We need to try and see how life would treat us in the US, most likely Florida.

I hope some one can give me a lead.

Main questions are
1) What kind of apllication I should submit and how long does it take?
what other additional requirements would be needed. such as medical ,earning requirements etc. ?

2) Need some basic advise on how the taxation works out there . We could sell our house and bring in about $500k to buy a house there.
If we were to re-sell in in 2-3 years if we felt like returning back to the UK.

Thanks everyone for looking.

Cheers
De

Rete

I take it you live in the UK with your wife and children with some type of British immigration right to remain and live there. If she is a British citizen, even better, on the chance that life in the muggy, hot, humid and employment starved State of Florida doesn't work out and you want to return.

She can file at the US Consulate in London for your immediate relative visa (form I-130). The process will take 5 to 8 months.

With an approved visa in his passport, you can enter the US with her and begin to live and work here immediately. There are fees involved for the visa application, and then US Consulate fees, medical fees, police clearance certificate fees so you might want to figure about $1200 for those altogether.

You need to be her financial supporter and will need to complete an affidavit of support (i-864). You can use your assets for this (cash from your sale of your home) as long as it is 3x the 125% of poverty guidelines for a family your size (yourself, kids and foreign spouse).

Noorah101

Hi and Welcome to BE.

I assume you are both living in the UK now, and have been for quite a while? If so, your wife will submit form I-130 plus all required backup (instructions tell you what you need) directly to London. This is informally called Direct Consular Filing (DCF), and many other posters here on this forum are doing the same thing....so do a search and see what others have done. Also do a search for user "meauxna", she has 2 links in her signature that you'll want to read regarding DCF.

It takes about 4 - 6 months to get your Immigrant Visa via DCF.

You will need a police report from any country you lived in longer than 1 year, over the age of 16. There is a sticky thread you can read on this topic.

You will need to get a full medical done, but you'll be notified of that when it's time.

Your wife will have to prepare an I-864 Affidavit of Support, will have to provide 3 years worth of US tax returns, and will have to prove intent to domicile in the USA. This part seems to be the most tricky for DCF-ers, so do your research ahead of time on this one.

For the I-864, if your wife does not meet the income requirement (which she probably does not, if her income is from the UK or zero), and if you don't have enough in assets (London is very picky on use of assets), then you'll have to find a joint sponsor. After you read up on the I-864, come on back with any questions.

Best Wishes,
Rene

meauxna

hi there,

The application for you to move to the US is for an Immigrant Visa. When you arrive with the visa, you're admitted as a Permanent Resident and get the document commonly called a 'green card'. It allows you to live & work in the US indefinitely (like ILR in the UK).
The two links in my signature explain the process when living abroad, and the links to get you started. Cost is just under about $2000 and timescale is about 5 months.

It sounds like your wife hasn't been in the US for a while; pay particular attention to the section in the first link regarding 'domicile'.

The tax questions are best posted in the USA forum http://britishexpats.com/forum/forumdisplay.php?f=57 ... but maybe after reading for a couple of days first. Employment in Florida and health insurance are two topics you'll probably want to review first (there are lots of previous threads on both topics).

Welcome aboard.

BritishGuy36

Well then. As the 'big 3' have already contributed to the thread, I feel totally redundant.

deyoung69

Thank you very much for such quick replies. I feel so welcome already.
I will be doing a lot of reading here for the next few days.

My wife had always lived in the US until she moved here 7 years ago. She has not become a British Citizen and has an indefinite leave to remain.

She has not filed any US Tax returns because that’s what she was advised when she inquired on her first visit back in 2003. Anyways her income is less that £4000 working part time in Social care.

Thanks once again for all your prompt replies.

Regards
De

meauxna

If you want to keep the door open for a possible move back to the UK, your wife should strongly consider taking UK citizenship. There really isn't a downside to doing so.

Because your wife has been away 7 years, she will have to demonstrate a strong intention to move back to the US. Things like housing, enrolling the kids in school, getting a job, opening bank accounts, registering to vote etc.
This is all discussed under 'domicile' in the first link in my signature.

The income tax returns will be helpful. Check out the wiki entry here on filing at the Embassy in London.

lansbury

As already suggested she should become a UK citizen before she leaves. If not and she resides outside the UK for 24 moths, if it hasn't changed recently, she will lose her ILR status.

BritishGuy36

That's still correct, I checked recently.

Ginblossom

I will follow up on the domicile status. Seven years is a long time outside the US for a citizen and Immigration will want to see proof that she intends to establish or has reestablished US domicile, which has been suggested is more and more difficult and seems, IMHO, to be a real focus point right about now.

As meauxna has noted, they are many topics and subject headings about this. You may want to read some threads about this - my own thread entitled nightmare in London for example - was about this very issue and the fact that immigration were not happy about evidence in this regard, but thankfully now sorted.

On this point, you might consider that you may have to be apart whilst your wife reestablishes US domicile or that you have to really work hard to prove you intend leaving the UK> again there are topics etc.

Finally, I would add, there are lots of people who are willing to help you here, so don't feel overwhelmed if you do get serious about it.