British Expats

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-   -   Evening y'all - marriage visa to USA (https://britishexpats.com/forum/marriage-based-visas-35/evening-yall-marriage-visa-usa-901529/)

Neil_blocker Aug 11th 2017 7:54 pm

Evening y'all - marriage visa to USA
 
First day on site, been educated by admin.
So my history, born in UK on US Base have US passport and social security and engaged with a child. My father grandparents live in the US. Am I likely to encounter problems moving my household to south carolina? I've applied for a management role there and is progressing, what are your experiences of relocation package's and what would ones first jobs be to sort out

AlphaTangoMike Aug 11th 2017 8:07 pm

Re: Evening y'all
 
Welcome! Have you been filing US taxes? If not, you probably want to take a look at that first.

Neil_blocker Aug 11th 2017 8:14 pm

Re: Evening y'all
 

Originally Posted by AlphaTangoMike (Post 12314841)
Welcome! Have you been filing US taxes? If not, you probably want to take a look at that first.

I've never filed any tax details didn't know I had to-this is going to be an education I suspect

ian-mstm Aug 11th 2017 8:31 pm

Re: Evening y'all
 

Originally Posted by Neil_blocker (Post 12314828)
Am I likely to encounter problems moving my household to south carolina?

Your fiancée and child will need immigrant visas in order to move to the US. If your child is under 18, s/he will become a US citizen the moment s/he clears immigration. Your fiancée will become a US permanent resident (= green card) the moment she clears immigration. The visa process will take about 6 months.

Ian

Pulaski Aug 11th 2017 8:36 pm

Re: Evening y'all
 

Originally Posted by ian-mstm (Post 12314857)
Your fiancée and child will need immigrant visas in order to move to the US. If your child is under 18, s/he will become a US citizen the moment s/he clears immigration. Your fiancée will become a US permanent resident (= green card) the moment she clears immigration. The visa process will take about 6 months.
.....

If his fiancée arrives in the US on a fiancée visa they will be required to get married within 90 days, then they'll have another round of paperwork, with more fees of course, :rolleyes: for her to adjust status. All of this will likely mean 3-6 months after arriving in the US during which time she will practically or actually be unable to work.

All things considered, getting married soon, pre-immigration, and applying for a spouse (CR-1) visa is easier, cheaper, beginning to end (obtaining PR status) quicker, and his wife will be able to work immediately she clears immigration, literally right there in the airport of she had a job to go to.

rpjs Aug 11th 2017 8:55 pm

Re: Evening y'all
 

Originally Posted by Neil_blocker (Post 12314845)
I've never filed any tax details didn't know I had to-this is going to be an education I suspect

You will need to file at least the last three years' tax returns to be able to sponsor your family, but be reassured it is very unlikely you'll actually owe any tax to the US. There is an article in this site's wiki about how to do so.

SanDiegogirl Aug 11th 2017 9:48 pm

Re: Evening y'all
 
If he is the biological father of the child, is the child not a US citizen since the father is a US citizen?

If so, the child would not need a visa.

Pulaski Aug 11th 2017 9:56 pm

Re: Evening y'all
 

Originally Posted by SanDiegogirl (Post 12314900)
If he is the biological father of the child, is the child not a US citizen since the father is a US citizen?

If so, the child would not need a visa.

It's a "by descent" thing - the child's father was born in the UK, to (at least) one US citizen parent, but appears to have never lived in the US, therefore doesn't meet the "five years residence" test to be able to pass on US citizenship to his children.

scrubbedexpat099 Aug 11th 2017 10:26 pm

Re: Evening y'all
 
Dcf sounds a much better bet.

SanDiegogirl Aug 11th 2017 10:59 pm

Re: Evening y'all
 

Originally Posted by Pulaski (Post 12314908)
It's a "by descent" thing - the child's father was born in the UK, to (at least) one US citizen parent, but appears to have never lived in the US, therefore doesn't meet the "five years residence" test to be able to pass on US citizenship to his children.

Aaah, yes....... forgot about the residency requirement. duh ....

Noorah101 Aug 12th 2017 1:51 am

Re: Evening y'all - marriage visa to USA
 

Originally Posted by Neil_blocker (Post 12314828)
First day on site, been educated by admin.
So my history, born in UK on US Base have US passport and social security and engaged with a child. My father grandparents live in the US. Am I likely to encounter problems moving my household to south carolina? I've applied for a management role there and is progressing, what are your experiences of relocation package's and what would ones first jobs be to sort out

You should not have any problem moving your household to the USA, provided you file for the correct visa(s) for your family.

Rene

RICH Aug 12th 2017 2:09 am

Re: Evening y'all - marriage visa to USA
 
Where did it say the fiancee was not a a USC?

Pulaski Aug 12th 2017 2:57 am

Re: Evening y'all - marriage visa to USA
 

Originally Posted by RICH (Post 12314981)
Where did it say the fiancee was not a a USC?

He has two open threads, and it is clear by inference. .... He specifies that he is a USC, and that he lives in the UK and has a "partner" and child. Given how specific he is, it would be peculiar for him to omit material facts about his family.

Neil_blocker Aug 12th 2017 4:20 am

Re: Evening y'all
 

Originally Posted by Pulaski (Post 12314908)
It's a "by descent" thing - the child's father was born in the UK, to (at least) one US citizen parent, but appears to have never lived in the US, therefore doesn't meet the "five years residence" test to be able to pass on US citizenship to his children.


Sorry, what I didn't put was I was born on USAF Base, lived in the US for 3 years as a child and then a couple of years as a teenager. Does that change anything?

Noorah101 Aug 12th 2017 6:34 am

Re: Evening y'all - marriage visa to USA
 
If you lived in the USA for 5 years, 2 of which were over the age of 14, then you can pass your citizenship to your child.

Your child would then need a US passport to enter the USA.

Rene


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