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Old Jul 6th 2008, 10:12 am
  #1  
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Default a few questions

hello again, i have returned to the forums since last time people seemed very helpful.

it seems that we are having problems convincing my wifes dad in usa to sponsor me. due to me having to prove myself as a worker before he will.

what i was wondering is, how long would he have to sponsor me for. me and my wife have been married over 2 years now. is there anyway i can stay in UK right up till becomin a usa citizen? and maybe is there a way my wife can come over to uk till then? and then both go over to usa together? would she have to give up her usa citizen ship to do this?

sorry for all the questions, we have no idea about this.

here is the last thread that i posted on these forums to give you some more information on our situation.

http://britishexpats.com/forum/showt...tentflowers%5D
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Old Jul 6th 2008, 11:11 am
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Default Re: a few questions

Originally Posted by distentflowers
hello again, i have returned to the forums since last time people seemed very helpful.

it seems that we are having problems convincing my wifes dad in usa to sponsor me. due to me having to prove myself as a worker before he will.

what i was wondering is, how long would he have to sponsor me for. me and my wife have been married over 2 years now.
The I-864 has to be completed by your USC wife and if she can't fulfill the financial requirement then you need a co-sponsor. I know you know this but for the sake of others reading I've reiterated the problem. Your further father-in-law will be on the hook for you to reimburse any means tested benefits you receive until one of the following conditions are fulfilled:

1. You work 10 years / 40 quarters under the social security requirements; or

2. You become a US Citizen; or

3. You die; or

4. Your father-in-law dies and the estate is settled; or

5. You are stripped of your residency and deported; or

6. You voluntarily give up your residency and leave the US.


is there anyway i can stay in UK right up till becomin a usa citizen?
First you have to become a legal permanent resident and then you have to wait another 3 years (less 90 days) from the date residency was approved before you are even eligible to apply for US naturalization and you have to be still married to the same USC. Think you are confusing residency with citizenship.


and maybe is there a way my wife can come over to uk till then? and then both go over to usa together? would she have to give up her usa citizen ship to do this?
It is far easily for your wife to come to the UK to live and work. All you need to do is apply for her settlement visa and she can get that inside of a month if you apply from within the UK. No she will not have to give up her US citizenship. Again it appears that you cannot distinguish between residency and citizenship. Actually she can become a UK citizen and still remain a US citizen. And you can become a US citizen and still retain your UK citizen.

sorry for all the questions, we have no idea about this.

here is the last thread that i posted on these forums to give you some more information on our situation.

http://britishexpats.com/forum/showt...tentflowers%5D
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Old Jul 6th 2008, 11:17 am
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Default Re: a few questions

Originally Posted by distentflowers
what i was wondering is, how long would he have to sponsor me for.
If he is a joint sponsor, he's on the hook until one of 5 things happen: 1) you become a US citizen; 2) you leave the US permanently; 3) you earn 40 quarters of qualified Social Security earnings; 4) you die; and 5) he dies! If you divorce your wife, he's still on the hook.


... is there anyway i can stay in UK right up till becomin a usa citizen?
No. For citizenship based on 3 years of marriage to a USC, you must be a US permanent resident for 3 years... that means living in the US on a full-time basis. There is also a physical presence requirement as well as a continuous residency requirement.


... would she have to give up her usa citizen ship to do this?
Your wife will *never* have to give up her US citizenship.

Ian
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Old Jul 6th 2008, 11:40 am
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Default Re: a few questions

Originally Posted by ian-mstm


No. For citizenship based on 3 years of marriage to a USC, you must be a US permanent resident for 3 years... that means living in the US on a full-time basis. There is also a physical presence requirement as well as a continuous residency requirement.




Ian
thank you, i was not sure if i had to live in usa before becoming a citizen or not. was hoping i could and then cut down the sponcership time as might have helped us to convince him.

thanks you both for your replys. exacly the info i was looking for to pass on to father in law.
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Old Jul 6th 2008, 11:43 am
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Default Re: a few questions

Originally Posted by distentflowers
thank you, i was not sure if i had to live in usa before becoming a citizen or not. was hoping i could and then cut down the sponcership time as might have helped us to convince him.

thanks you both for your replys. exacly the info i was looking for to pass on to father in law.
I presume you know - he doesn't have to actually provide you with money or anything. The only way he is affected that I can think of is:

1) You receive public benefits
2) You sue him in court for support (might work, might not)

So he's not on the hook for anything as long as you aren't on benefits generally.
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Old Jul 8th 2008, 5:06 am
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Default Re: a few questions

Originally Posted by distentflowers
thank you, i was not sure if i had to live in usa before becoming a citizen or not. was hoping i could and then cut down the sponcership time as might have helped us to convince him.

thanks you both for your replys. exacly the info i was looking for to pass on to father in law.
When I asked my parents to complete an I-864 for someone they barely knew, who I'd scooped up in my travels (wanted the back up doc, just in case), we made a commitment that he would naturalize at the earliest opportunity.
Taking US citizenship kills the I-864, and was accomplished in less than 4 years.
He's all yours n' mine now.
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Old Jul 10th 2008, 1:19 am
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Default Re: a few questions

Again, just to confirm ... you can not become a citizen unless you have lived in the US on your green card (PR status) for atleast 3 years.
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Old Jul 10th 2008, 1:54 am
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Default Re: a few questions

Originally Posted by distentflowers
is there anyway i can stay in UK right up till becomin a usa citizen? and maybe is there a way my wife can come over to uk till then? and then both go over to usa together?
Yes. Your wife could move to the UK and find a job with the US government there, with a US company or an international organisation like the UN. Then you can apply for "expeditious naturalizaton". But you'd still need the affidavit of support, and your wife would probably need to apply for a spouse visa to the UK.
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Old Jul 10th 2008, 11:35 am
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Default Re: a few questions

Originally Posted by Marocco
Then you can apply for "expeditious naturalizaton".
He *must* be a PR first... which means that he *must* at some point in time, be in the US to activate that status! While I admit that the time in the US can be minimal, he can not be in the UK for the duration.

Ian

Last edited by ian-mstm; Jul 10th 2008 at 12:18 pm.
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Old Jul 10th 2008, 7:08 pm
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Default Re: a few questions

Originally Posted by ian-mstm
He *must* be a PR first... which means that he *must* at some point in time, be in the US to activate that status! While I admit that the time in the US can be minimal, he can not be in the UK for the duration.
True, the naturalization interview takes place in the US and one must enter with an immigrant visa or already as a PR. The ceremony typically follows the next day, from what I've heard.
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