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Married to US Citizen/ Emigration to USA

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Old Nov 10th 2005, 6:50 am
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Default Married to US Citizen/ Emigration to USA

Hi, I wonder if anyone can help?

I am married to a US national (Married in the US last year), and we are currently living in the UK.

We intend to return to live permanently in the US in 12 months time, and I just wanted to clarify something.

Firstly, should I apply for a spouses visa, or a K3 visa?

And secondly, my wife is dependent on me, so has no income or property in the US offering financial support in my application. I have my own business in the UK, and will be able to continue to operate by email and telephone from the US (as I operate this way in the UK currently).

Does anyone have any experience as to whether this latter point particularly would affect my wife's supporting visa application for me?

Thanks
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Old Nov 10th 2005, 8:24 am
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Default Re: Married to US Citizen/ Emigration to USA

Originally Posted by Alan RMP
Hi, I wonder if anyone can help?

I am married to a US national (Married in the US last year), and we are currently living in the UK.

We intend to return to live permanently in the US in 12 months time, and I just wanted to clarify something.

Firstly, should I apply for a spouses visa, or a K3 visa?

And secondly, my wife is dependent on me, so has no income or property in the US offering financial support in my application. I have my own business in the UK, and will be able to continue to operate by email and telephone from the US (as I operate this way in the UK currently).

Does anyone have any experience as to whether this latter point particularly would affect my wife's supporting visa application for me?

Thanks

If she has ILR in the UK, then DCF would be much easier. All on the Embassy web site.

Should be OK, you would need to substantiate that the income level would continue. Or just use assets.
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Old Nov 10th 2005, 8:34 am
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Default Re: Married to US Citizen/ Emigration to USA

Originally Posted by Boiler
If she has ILR in the UK, then DCF would be much easier. All on the Embassy web site.

Should be OK, you would need to substantiate that the income level would continue. Or just use assets.
Hi David,

Thanks for your help. I am not up to speed with the Jargon though, what do you mean by ILR and DCF?
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Old Nov 10th 2005, 8:55 am
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Default Re: Married to US Citizen/ Emigration to USA

Originally Posted by Alan RMP
Hi David,

Thanks for your help. I am not up to speed with the Jargon though, what do you mean by ILR and DCF?
ILR = Indefinite Leave to Remain
DCF = Direct Consular Filing, which means you can file the I-130 right there in London, not in the USA.

Rene
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Old Nov 10th 2005, 8:57 am
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Default Re: Married to US Citizen/ Emigration to USA

Originally Posted by Noorah101
ILR = Indefinite Leave to Remain
DCF = Direct Consular Filing, which means you can file the I-130 right there in London, not in the USA.

Rene
Thanks Rene.
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Old Nov 10th 2005, 9:33 am
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Default Re: Married to US Citizen/ Emigration to USA

Originally Posted by Alan RMP

And secondly, my wife is dependent on me, so has no income or property in the US offering financial support in my application. I have my own business in the UK, and will be able to continue to operate by email and telephone from the US (as I operate this way in the UK currently).

Does anyone have any experience as to whether this latter point particularly would affect my wife's supporting visa application for me?

Thanks
The US Consulate website for London has excellent instructions for applying for an Immigrant Visa--that's the one you want (known as a spouse or CR-1 by 'us' sometimes, the official info will always say 'immigrant visa'). the website also discusses 'domicile', which is part of the issue you bring up. In order to be your sponsor, your wife must show that the US is your wife's prrimary domicile. She will have to show that she has taken steps to re-settle in the US.
The financials will be more interesting for you. I strongly suggest you start reading up on the I-864 now, instead of at the last minute (as you are)
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