G P Robinson

Hi,

my fiance & I both live in the UK. She is a naturalized US citizen (divorced from her
US spouse with one son born in the US). I have 2 children from a previous marriage
(both British like me).

I guess my questions are:

- if we ever decide to move to the US is there anything I can do to apply for visas
via my married status (i.e. married to a US citizen)?
- if there is, is it worth doing before we want to move, or can we wait?
- If we have children in the UK, what "rights" to they have (e.g. claim to be a US
citizen? Right of residencey etc etc)?
- What are the possibilities for my children (8 years and 10 years) with
respect to visas?

I'm not sure if this is the correct place to post this question, but I would
appreciate any help or pointers to information sources.

Thanks in advance,

Glynn

Andy Platt

(I've moved stuff around a little to make the answers easier).

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First of all you can't do any of this until you are close (say six months away) but I
can answer your questions as US immigration stands *right now*.

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In the general case, yes you would be eligible for an immigrant visa (there are
financial requirements, criminal history requirements and health requirements). This
could be filed for at the consulate in London since your American wife has residency
in the UK. Using this visa you would enter the US as a permanent resident (a.k.a a
greencard holder) and, after three years of being a permanent resident would be
eligible for US citizenship should you want that.

You may find the following link helpful (it's written by someone who's gone through
this process twice):

http://web.ukonline.co.uk/jm.johnson/i130.htm

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Do you mean if you have children together? They would get US citizenship through your
wife (and possibly her original citizenship too!) and British citizenship through.

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So long as they were still unmarried and under 21 (some way off for either of those
yet!) they could get the immigrant visas with you.

Andy.

--
I'm not really here - it's just your warped imagination.

Michael Voight

Andy Platt wrote:

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If they were born after she was naturalized, they may be citizens already...

Michael

Ameriscot

Just to add to Andy's post, regarding US citizenship of future children: you have to have a certain amount of residency in the US after becoming a citizen - I think it is 5 years in total - then the children are US citizens from birth (you have to register them at the US Consulate in London or Edinburgh).

If you don't meet the residency requirement, you would have to file an I-130 petition for each of the children. If desired, the children can then be naturalised at the same time as their father (after 3 years in the US), or they can wait until they are 18 and get naturalised in their own right.

Michael Voight

Ameriscot wrote:
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OK.. Nov 14, 1986 to present.. The law changes multiple times

The parent would have to be a resident of the US for 5 years, 2 of which occured
after reaching the age of 14. It is NOT the time of residence after becoming a
citizen, but the time as a resident (PERIOD). So, if the parent waited the normal 5
year period as a PR for naturalization, then they would qualify...

Michael

G P Robinson

Thanks to everybody who has helped out here. Since we are getting married at the end
of this week we'll not do anything until we want to move to the US (if we do).

I don't think that my fiance was in the US for 5 years after naturalization
(she moved to the UK with her ex), so I guess it's an I-130 petition when we
have children.

Thanks again to everybody. If there is any other information out there please feel
free to send it to me - all tip/hints gratefully received!

Glynn

Ameriscot <[email protected]>
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Michael Voight

G P Robinson wrote:
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I believe the requirement is 5 years of US residency, not 5 years of residency as a
citizem. At least, the INS Guide To Naturalization doesn't say 5 years as a citizen.

Michael