Noorah101

I just realized you said "are going to elope", so you're not married yet, correct? I know you checked with someone in the UK, but just in case, be prepared for it not to happen on this trip. Normally, visitors to the UK, in visitor status, can't get married on the spur of the moment. They need a special marriage visa before entering the UK.

Rene

tim131

Hi Rene,

Yes, I was under this impression too, but we phoned the UKBA they confirmed this was OK - I believe the law has changed as it breached EU rights or some such. The registrar also phoned the UKBA, when we presented our documents, and she was happy to go ahead and issue the marriage license - so its all legal.

Thanks for your post, it was most helpful - so you think she should do the N-400 when she returns, will this impact her residency at all?

It says she needs to be resident in the state 3 months prior to applying in that district - she is on holiday, so shes not a resident here in the UK, so technically she is still resident in her state (Texas) - would it be the same as, I'm a UK resident, I could go on holiday to Canada, Austraila, Spain etc for a month or two, I would still be a UK resident, i.e I have substantial ties.

Again, thanks for your help.

Noorah101

She can file the N-400 now, if she's eligible. It's just that she would need to return to the USA for her appointments, and just to avoid having to fly back and forth, and to give you maximum time to be together, I suggested filing the N-400 when she returns to the USA. But either way is fine.

Since she's only on holiday, then she permanently resides in the USA, and in that district where she lives. I don't see a problem.

Rene

tim131

Thanks a million for the reply - I think we're going to get the mother to send the n-400 in for us, she did it and signed it and everything before she came, she didnt sent it off, as we were unsure what to do, and she maybe thought we need a lawyer, but I dont think we do.

Should she just send that one in, that is dated December, will it matter? or will she have to fill out a whole new one? Cos I think filling out a whole new one and putting in for the trips abroad part UK Dec 13 - present, isn't going to look good with regard to the residency thing!! if that at all makes sense?

Should be fine, if the date is a bit old, she just didnt bother posting it at the time, as she wanted to be sure with what we were doing.

tim131

I just want to get over to the US as fast as possible to settle - It will be crap being apart... again, but if thats what we have to do in order to get me over there as fast as, thats what we'll do - I dont want to draw out the process, you know?

Noorah101

That will be fine. She doesn't need to do a whole new N-400.

I know what you're saying, but since it's a vacation, it doesn't matter either way. It's just a temporary trip abroad. That's normal. She'll be declaring the trip in the future anyway, because they ask you to update your trips outside the USA at the interview and also again at the oath ceremony.

Did she leave a check for the filing fee in the N-400 package also?

As long as she's prepared to come back to the USA in a month or so to do the biometrics, she can file the N-400 now. She really shouldn't postpone or reschedule any appointments once the ball gets rolling.

Rene

ian-mstm

It won't matter that it's dated for December... but there may be other documents she'll need for the N-400 package - like proof of filing tax returns!


Since she will have to account for all time outside the US since getting her green card anyway, it won't much matter - so long as she continues to meet the continuous residency and physical presence tests.

You might want to consult the Guide to Naturalization.

Ian

Noorah101

Understandable. Your case will take a year or so to process. During that time, she shouldn't stay outside the USA for more than 6 months at a time, to avoid losing her PR status.

She doesn't HAVE to become a USC right now. The process for spouse of LPR isn't that much longer than spouse of USC right now. If she really wants to stay with you in the UK until you get your Immigrant Visa, she can....she just needs to make sure not to lose her PR status. Assuming she maintains ties to the USA and doesn't stay outside the USA longer than 6 months at a time, she could stay most of the time over in the UK with you while you wait.

Then you can both return to the USA together, after which time she can then look into becoming a USC.

Rene

ian-mstm

I don't disagree with you, but the way you've written this it could be inferred that she can return to the US for a few days after being out of the US for 6 months, and then go ahead and spend another 6 months outside the US. We both know that's not how things work in reality.

Ian

Noorah101

I agree.

Rene

tim131

OK thanks guys, so that's cleared up a lot of things, so we're kind of leaning towards postponing the N-400 applicaiton,if it means a lot of back and forward - we could;

after getting married, she could petition for me, stay here no longer than 6 months, return home, for how long a month? two? I could go with her for a while possibly? and say we get all our papers in and sent away Feb time, when would it be likely that I would be able to come over as a LPR, I know these things are hard to predict - I just dont want to shoot ourselves in the foot, not getting her citizenship now!!

Also, I am based in the UK, but its a possiblity I may move back to Ireland where I am from, how would this effect my application, which regards to embassy processing?

Sorry there is a lot of questions there, we are pretty confused now :/

Noorah101

There's no set time. She should just make sure the USA is her permanent home, that her trip(s) abroad are less than 6 months and are temporary, and be prepared to do what it takes not to lose her PR status. Of course the longer she stays inside the USA, the better.

Yes, you are allowed to visit the USA while the Immigrant Visa process is going on.

We are all guessing here, around 12 months or so, according to the Visa Bulletin trend. However, as Ian points out, that's not a linear process...so it could be more like 14, 18, longer, there's just no way of knowing from month to month how far the visa bulletin will progress.

You can't have it both ways...you just need to decide on whichever way works best for you....either have her file the N-400 now and then leave the UK earlier to continue the naturalization process inside the USA, or wait it out and have her stay as long as possible in the UK as an LPR, with the knowledge that your own Immigrant Visa process could take a bit longer that way.

Even if she files the N-400 now, it will take around 6 months or so for her to actually become a USC. By that time, your I-130 could be approved, and by the time she updates her status with immigration, there will still be several more months of processing on your part for the immigrant visa anyway. Might just end up being six of one, half a dozen of the other.

Rene



Rene

tim131

Thanks a million Rene,

I think we will go down the LRP sponsoring spouse route, it makes more financial sense at the moment - with regard to that route, can we still use a different financial guarantor? as she doesn't earn above the federal poverty lever, we were planning on using my uncle who does, who lives in a different state, would this still at all be possible?

I am worried also about her residency status, if she stays here for 5 months say, she will still technically be resident in the USA? - if she came back after a month of staying in the US, and stayed for another 3 or 4 months, would that be ok? or would that breach her green card? I've searched online but its fairly vague, it seems to only talk about one trip and not multiple trips!

So to do the CR-1, we fill out the exact same forms as you would if you were a citizen? just like this site shows how to fill them out?

Many Thanks,

Tim

tim131

Also with regard to name changing, like her surname to my surname, would she be better off waiting until she moves back to the US to do that?

Could coming back to the US with a different name effect things?

Although having said that, sending our forms in, and having different surnames, will a case officer look at that and think, hmmm this is a fishy marriage?

tim131

Also, sorry for triple posting,

I am filling out the I-130 right now, Part C Q15 - is this only applicable if working in the states, or if working abroad too, fill it in?

Part C Q21 - living together, well technically she is staying with me on vaccation, is that living together, or should I just put N/A as we have never lived together, as we are only just getting married - if I put she is living with me now, then the whole, where is she resident comes into play, right?

I've been using the sample form put on this site to compare too, cheers.