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DS-260 Question of Spouse Immigrating with UKC

DS-260 Question of Spouse Immigrating with UKC

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Old Mar 16th 2020, 6:16 am
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Default DS-260 Question of Spouse Immigrating with UKC

There is a question that asks if your spouse will be immigrating with UKC....

We live here in UK... im a USC here on a visa, husband is a UKC.

How would we answer this question, as I will be with him when he enters US but would I be considered “immigrating” as I’m not an immigrant I’m a USC....

Is it asking will I be with him or is it a literal question of genuine immigration? Cause I would just be returning to US.....

Thanks for any help....

Last edited by Nsb25; Mar 16th 2020 at 6:17 am. Reason: Miss spelling
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Old Mar 16th 2020, 2:57 pm
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Default Re: DS-260 Question of Spouse Immigrating with UKC

You are NOT immigrating to your own country! You are simply returning home. You can accompany him when HE immigrates.
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Old Mar 16th 2020, 11:38 pm
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Default Re: DS-260 Question of Spouse Immigrating with UKC

Originally Posted by Nsb25
There is a question that asks if your spouse will be immigrating with UKC....

We live here in UK... im a USC here on a visa, husband is a UKC.

How would we answer this question, as I will be with him when he enters US but would I be considered “immigrating” as I’m not an immigrant I’m a USC....

Is it asking will I be with him or is it a literal question of genuine immigration? Cause I would just be returning to US.....

Thanks for any help....
Much of the way in US immigration law is in the statutory definitions. An “alien” is a person who is not a US citizen or national. An “immigrant” is any alien except specified non-immigrants. I think these definitions will assist in answer to the question.

(In teaching US immigration law I would note that HM Elizabeth II is not only an “immigrant” but a lawful one at that. But she has not been admitted to “permanent resident” status. I know this sounds absurd but everyday definitions leads to fuzzy thinking.)
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