Married for over 3 years to a dual US/UK citizen
Apr 26th 2006, 12:57 am
#1
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 4
Married for over 3 years to a dual US/UK citizen
Hi all,
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
Apr 26th 2006, 1:01 am
#2
Septicity
Joined: May 2004
Posts: 23,762
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by BigDex
Hi all,
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
Well I've opened the popcorn.
Gotta be better than what's on TV tonight!
Apr 26th 2006, 1:03 am
#3
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Joined: Apr 2006
Posts: 4
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by fatbrit
Well I've opened the popcorn.
Gotta be better than what's on TV tonight!
Gotta be better than what's on TV tonight!
Apr 26th 2006, 1:07 am
#4
Septicity
Joined: May 2004
Posts: 23,762
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by BigDex
Geez, that's not a good sign.
http://britishexpats.com/forum/showt...t=10-foot+pole
You might read it while you're waiting for the barrage.
Apr 26th 2006, 1:18 am
#5
Joined: Apr 2002
Posts: 35,082
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by fatbrit
This is an interesting thread:
http://britishexpats.com/forum/showt...t=10-foot+pole
You might read it while you're waiting for the barrage.
http://britishexpats.com/forum/showt...t=10-foot+pole
You might read it while you're waiting for the barrage.
I'd give you karma for the link (not our best moment, but still...) but I'm saving it up for one of your truly witty remarks. Produce one soon!
BigDex: your bestest legal method is known as DCF/Direct Consular Filing. It's better than "getting a visa in the US" (which you can't do anyway). Lodge your paperwork off to London (hope you've got some income and ties to the US) and she should be all done in about 3-4 months. She might even be able to visit the US during that time (no working now--pedicures and massage all week long, ok?). Once you file your paperwork to London, you do not need to remain in the UK.
If you don't like that, search the group or google/groups for '10 foot pole' to get the gist of the deal.
Apr 26th 2006, 1:50 am
#6
Concierge
Joined: Apr 2001
Posts: 46,393
Re: Married for over 3 years to a dual US/UK citizen
Meauxna answered your question. To explain a little it is considered unlawful to enter the US with the intent to remain to adjust status. Some people get away with it; your wife might not. You have already purchased a home to live in here in Nevada. You clearly have intent for her migration. You come here after filing for her at the US Consulate in London, fix up the house and she will join you when the worse of the remodeling is done with.
Originally Posted by BigDex
Hi all,
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
First post here, so please be gentle! My wife and I have been married for over 3 years. I hold dual US and UK citizenship (my father is american, and I was registered as a US citizen born abroad at birth). My wife is a British citizen.
We moved to the US (Nevada) in February of this year, with the intention of sniffing around a bit, and maybe staying. She entered the US on the visa waiver program. We have returned to the UK now (within the allowed 90 days on the visa waiver), but now plan to return in a couple of weeks. I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK. Is it possible to apply for an alternate type of visa for her from within the US? There is clearly little issue with her getting a residence permit, but will the visa waiver complicate things?
To make things interesting, I have bought a house in NV which I am in the process of modernising to "flip", hence I do not want to have to remain in the UK whilst sorting out her entry to the US.
Thanks in advance!
Apr 26th 2006, 1:57 am
#7
Joined: Apr 2002
Posts: 35,082
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by Rete
and she will join you when the worse of the remodeling is done with.
BigDex: Here's some of the DCF info for you:
What is DCF and Why Do I Care?
http://www.visajourney.com/forums/in...ustom&page=dcf
Pay attention to the 'domicile' stuff at the bottom.
Apr 26th 2006, 2:03 am
#8
Guest
Posts: n/a
Re: Married for over 3 years to a dual US/UK citizen
In article <[email protected]> ,
BigDex <member50462@british_expats.com> wrote:
>Hi all,
>First post here, so please be gentle! My wife and I have been married
>for over 3 years. I hold dual US and UK citizenship (my father is
>american, and I was registered as a US citizen born abroad at birth). My
>wife is a British citizen.
>We moved to the US (Nevada) in February of this year, with the intention
>of sniffing around a bit, and maybe staying. She entered the US on the
>visa waiver program. We have returned to the UK now (within the allowed
>90 days on the visa waiver), but now plan to return in a couple of
>weeks. I am unsure how wise it is for her to enter the US again on a
>visa waiver, if we do not in fact intend to return to the UK. Is it
>possible to apply for an alternate type of visa for her from within the
>US? There is clearly little issue with her getting a residence permit,
>but will the visa waiver complicate things?
You're quite right to expect trouble if you try to enter on the visa waiver
and stay.
But, so far, pretty straightforward: DCF at the consulate in London, not
sure of the exact timelines.. 2-3 months seems to ring a bell? Having used
the visa waiver in the past should not be held against you.
>To make things interesting, I have bought a house in NV which I am in
>the process of modernising to "flip", hence I do not want to have to
>remain in the UK whilst sorting out her entry to the US.
Yup, certainly does make it interesting. Would you consider a TRIP back to
the UK of a week or so? You should be able to apply for DCF, leave for a
bit, come back (maybe on short notice) for your appointment, and she should
be good to go in a relatively short time.
If you are dead set against going back to the UK AT ALL (not just for the
whole time), then you're looking at K-3 (marriage visa) which can easily
take 8-12 months via the good 'ole CSC.
I'm not that up on these matters, since I'm a K-1 guy myself (via the CSC),
but you should be able to figure something out.
Search for DCF and London.. That'll give you an idea of how soon it might
happen..
MH
BigDex <member50462@british_expats.com> wrote:
>Hi all,
>First post here, so please be gentle! My wife and I have been married
>for over 3 years. I hold dual US and UK citizenship (my father is
>american, and I was registered as a US citizen born abroad at birth). My
>wife is a British citizen.
>We moved to the US (Nevada) in February of this year, with the intention
>of sniffing around a bit, and maybe staying. She entered the US on the
>visa waiver program. We have returned to the UK now (within the allowed
>90 days on the visa waiver), but now plan to return in a couple of
>weeks. I am unsure how wise it is for her to enter the US again on a
>visa waiver, if we do not in fact intend to return to the UK. Is it
>possible to apply for an alternate type of visa for her from within the
>US? There is clearly little issue with her getting a residence permit,
>but will the visa waiver complicate things?
You're quite right to expect trouble if you try to enter on the visa waiver
and stay.
But, so far, pretty straightforward: DCF at the consulate in London, not
sure of the exact timelines.. 2-3 months seems to ring a bell? Having used
the visa waiver in the past should not be held against you.
>To make things interesting, I have bought a house in NV which I am in
>the process of modernising to "flip", hence I do not want to have to
>remain in the UK whilst sorting out her entry to the US.
Yup, certainly does make it interesting. Would you consider a TRIP back to
the UK of a week or so? You should be able to apply for DCF, leave for a
bit, come back (maybe on short notice) for your appointment, and she should
be good to go in a relatively short time.
If you are dead set against going back to the UK AT ALL (not just for the
whole time), then you're looking at K-3 (marriage visa) which can easily
take 8-12 months via the good 'ole CSC.
I'm not that up on these matters, since I'm a K-1 guy myself (via the CSC),
but you should be able to figure something out.
Search for DCF and London.. That'll give you an idea of how soon it might
happen..
MH
Apr 26th 2006, 2:07 am
#9
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by BigDex
I am unsure how wise it is for her to enter the US again on a visa waiver, if we do not in fact intend to return to the UK.
Ian
Apr 26th 2006, 4:18 am
#10
Joined: Mar 2003
Posts: 68,280
Re: Married for over 3 years to a dual US/UK citizen
Apr 26th 2006, 5:03 am
#11
Shocked of Redmond
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by ian-mstm
And we're off to the races!
Ian
Ian
Apr 26th 2006, 12:06 pm
#12
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 4
Re: Married for over 3 years to a dual US/UK citizen
Morning All, and many thanks for all the helpful and friendly replies. I must admit that my search before posting revealed little of this, but it didn't occur to me to search for "ten-foot pole", or any other fencing materials come to that!
Your responses are not massively different to what I feared, albeit not what I hoped! We have tickets to return to Nevada in a couple of weeks, and I have now pretty much decided that we will do so and then return to England well within 90 days to sort out visas. This will allow me to finish the house (please note this house is not for us to reside in; it is purely a business venture and is being remodeled and sold for profit; I am a builder by trade) and then sell it, thus returning our capital to our (joint) US bank account. As I understand it, she will therefore be a tourist (there purely to be with me whilst I finish my work) with no intention to remain longer than 90 days. 3-4 months back in blighty is not the end of the world, although the puppy in Nevada may get a little hungry!
Your responses are not massively different to what I feared, albeit not what I hoped! We have tickets to return to Nevada in a couple of weeks, and I have now pretty much decided that we will do so and then return to England well within 90 days to sort out visas. This will allow me to finish the house (please note this house is not for us to reside in; it is purely a business venture and is being remodeled and sold for profit; I am a builder by trade) and then sell it, thus returning our capital to our (joint) US bank account. As I understand it, she will therefore be a tourist (there purely to be with me whilst I finish my work) with no intention to remain longer than 90 days. 3-4 months back in blighty is not the end of the world, although the puppy in Nevada may get a little hungry!
Apr 26th 2006, 12:19 pm
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Married for over 3 years to a dual US/UK citizen
Originally Posted by BigDex
3-4 months back in blighty is not the end of the world, although the puppy in Nevada may get a little hungry!
As has been said before many times over... in the grand scheme of things, several months apart is nothing compared to a lifetime together. Good luck to you.Ian
Apr 26th 2006, 12:27 pm
#14
Concierge
Joined: Apr 2001
Posts: 46,393
Re: Married for over 3 years to a dual US/UK citizen
I have a daughter in Vegas. Can she feed the puppy for you? My SIL makes his living doing the very same thing with real estate. Makes a good living at it as well. Need an investment partner by chance? ;-)
Smart man on the decision to file at the US Consulate in London. Saves you lots of headaches and lets the wife enter the US as a Permanent Resident without having to deal with the USCIS again until or if she want to naturalize in three years from date of entry.
Rete
Smart man on the decision to file at the US Consulate in London. Saves you lots of headaches and lets the wife enter the US as a Permanent Resident without having to deal with the USCIS again until or if she want to naturalize in three years from date of entry.
Rete
Originally Posted by BigDex
Morning All, and many thanks for all the helpful and friendly replies. I must admit that my search before posting revealed little of this, but it didn't occur to me to search for "ten-foot pole", or any other fencing materials come to that!
Your responses are not massively different to what I feared, albeit not what I hoped! We have tickets to return to Nevada in a couple of weeks, and I have now pretty much decided that we will do so and then return to England well within 90 days to sort out visas. This will allow me to finish the house (please note this house is not for us to reside in; it is purely a business venture and is being remodeled and sold for profit; I am a builder by trade) and then sell it, thus returning our capital to our (joint) US bank account. As I understand it, she will therefore be a tourist (there purely to be with me whilst I finish my work) with no intention to remain longer than 90 days. 3-4 months back in blighty is not the end of the world, although the puppy in Nevada may get a little hungry!
Your responses are not massively different to what I feared, albeit not what I hoped! We have tickets to return to Nevada in a couple of weeks, and I have now pretty much decided that we will do so and then return to England well within 90 days to sort out visas. This will allow me to finish the house (please note this house is not for us to reside in; it is purely a business venture and is being remodeled and sold for profit; I am a builder by trade) and then sell it, thus returning our capital to our (joint) US bank account. As I understand it, she will therefore be a tourist (there purely to be with me whilst I finish my work) with no intention to remain longer than 90 days. 3-4 months back in blighty is not the end of the world, although the puppy in Nevada may get a little hungry!
