lion2010

Thanks! That's certainly help clear a lot of questions up!

However, just to be clear and so you have a better understanding of our goals I'll express our objectives more clearly. The LONG LONG term goal is to probably both live in the London to settle down. As we are still in our late 20's she wants to work and study in London for 1 year and then we will decide what to do. Personally, as I work in Investment Banking I would love to work in New York for 2-3 years at some stage, so going after she has studied here could allow her to get a job there as well.

Hence, I do want the greencard as soon as possible but probably would prefer to remain settled in London when I reach m late 30's. I suppose the best option is :

I fly over to US and get married and can get her to file for my immigrant visa (say this arrives in March 09 time then I fly over and get my 2 year visa). I can get her 2 year UK visa either when I go to marry or when she comes over in September? I then open my US bank account, and keep other US ties while filing taxes there - better than UK tax rate, and would save me money! Then either apply for the extended form in UK to be out of US for longer than a year - but may not as if this takes 8-10 months anyway, she may have already been studying here for a few months on her UK visa?

It seems its a harder process for someone to marry from say US to come to UK but easy the other way around. While it's harder for UK to get greencard for US than US getting res visa for UK. In this case we think it would make more sense for me to get US perm greencard and then citizenship first so I would have joint and then as our long term plan could be to stay in London work on hers then?

Thanks again!

Noorah101

OK, a couple of points I can make:

1. I don't know anything about her UK visas and options. Be aware that if you get your 2-year green card, then she gets a type of permanent status in the UK, that could be a hinderance to YOUR US immigration, as it will show that SHE is living permanently in the UK. I have no idea if a student status is like that or what, but it's definitely something to look into. You must be able to prove to USCIS that your (and her) stay in the UK is temporary, and that you fully intend to remain permanently in the USA.

2. The Re-entry permit must be applied for from within the USA. You can have it sent to the US embassy in London for you to pick up, if you won't be in the USA long enough to receive it at your US address.

3. Be aware that time away from the USA can cut into your timeline for US citizenship. Normally you can apply for citizenship 3 years after becoming a PR (based on marriage to a USC), but if you spend more than a year outside the USA, the clock resets. So if your goal is US citizenship, be aware you probably won't really start towards that goal until you both return to the USA after her studies are done.

Guess that's it for now...come on back with any more questions or concerns.

Rene

Noorah101

Here's another thought for you. If your fiance gets a visa to marry you in the UK instead, and gets some kind of a permanent visa / status there, then once she's been resident in the UK for 6+ months, she can file an I-130 for your Immigrant Visa directly in London. That process (called DCF on this forum, Direct Consular Filing), only takes about 4 to 6 months. Then you can both return to the USA together and you become a PR upon entry.

I guess I still don't see a big advantage for you to start your US immigration process now, when you won't actually be living in the USA for another 1 - 2 years. Let her come to the UK and settle there first, since she has to be there for school anyway....then she can file for your Immigrant Visa much more quickly, and then come back to start living in the USA when she's done with her UK studies.

What do you think of that idea?

Rene

Tracym

Won't he basically lose the green card anyway? If he's pretty much not in the country, wouldn't it probably be considered abandoned?

The the OP, my understanding is for the U.S. to consider you a permanent resident, your body usually needs to be in the country most of the time, not just your bank account

Moxie

I only meant that proving a two year relationship is a safeguard to show that the marriages were real and entered into with the right intentions. Years ago US citizens often took cash payments to "marry" a foreigner and then never lived in the same state or co-mingled assets, etc. They often never met in person. I read a newspaper article of a woman finally arrested because she had about 10 husbands of foreign descent, but never even got divorced. She just kept signing the papers and taking the money. I wasn't referring to anybody here as committing fraud. I just think the immigration policies change to try to allow legitimate relationships and cut out some of the scams. And I think that why we have to jump through so many hoops to be united with our loved ones is because others have abused the system.

Noorah101

It seems abandoning PR status is a case-by-case thing, but I agree the risk goes up when an alien spends too much time outside the USA after becoming a PR. I know that being away for school or work purposes is a "good reason" to spend that time away, but then again in the OP's case, it's his wife that's studying...not him. Personally I wouldn't go the route he's considering. It seems like way too much hassle and expenses up front, only to risk losing it all in order to spend a year or two in the UK so soon after becoming a PR.

That's why I came up with the scenario you responded to, where his USC wife gets a more permanent status in the UK, does her studies, THEN applies for his Immigrant Visa from the UK via DCF.

Rene

Tracym

I certainly agree with you - that's what I would do if I were them.

meauxna

IMPORTANT CAVEAT

While it's true that the regulations say that a US citizen 'residing' overseas for 6+ months is eligible to file I-130 for a spouse at a US Consulate of USCIS Field Office, London in particular has been a little peculiar about doing a fast turnaround in the UK lately.

That is, people have reported having their I-130s returned unaccepted because they haven't "really" been living there. this has happend when filing close to the 6 month mark. These folks are directed to file the I-130 in the US.

The State Department says this about 'DCF' residency:
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

My point is that you should probably not plan this to too fine a point and remember that if you are living together in the UK, petition time should not matter to you (you are united) as long as you plan sufficiently far ahead.

More information here: DCF - Filing your I-130 abroad - Direct Consular Filing

lion2010

Hi,

Just to update everyone after receiving great advice here, we decided to go ahead and get married. Feels odd to be married, but now we are happy.
We got married married on Friday - I traveled to US and spent first week of my trip in Miami and then went and got married in Boston then spent weekend in Las Vegas for honey moon - great trip

Now decided to get a transfer with my company to Boston or New York (probably for a 6 month rotation but depends what we finally decide to do and will look good on my CV if when we do go back to US perm for 5+ years) but will use green card. So now would like some advice on the process and future steps.

After researching and reading into everything, she has already started to fill in the I-130 but assume she can not submit until I give her the supporting documents? Ie, criminal record report, health report and biometrics form etc? Also, supporting documents ( we want to open a joint bank account but how can I do that as I'm not in US, also I will go on the mortgage of her property, plus do we need to submit photos of our wedding/trips etc (she is coming over in November for 2 weeks vacation (I mean holiday ) with me, also recent emails/phone calls etc? ). Any advice on this process what to and not would be appreciated!

I take it once all this is submitted and sent off in the US it will take about 6 months before I'm asked to go to US embassy in London for interview - what is asked at this stage? Then immigrant visa is issued which I must use within 6 months to gain the 2 year Green Card as soon as I re-enter the US I become a permanent resident.

Now this is the problem as if I do not get the transfer after I get the 2 year visa my wife is not likely to come to the UK until end of 2009. That is I would have had the Visa for say 8+ months. How do I keep my Green card current so I can renew for the perm 10 year Green Card if in those 2 years I do not go to the US - her program will be 12 months - if I do transfer then not a problem. Also, regarding the US passport which we were told takes 3 years after marriage, would I have had to be living in the US for 3 years in total (minus all the time I've had out of the US?) or can I apply after been married for 3 years or after 1 year off having the 10 year green card (ie after already passed the 2 year green card)? On a point, if I do stay in London then while I have my two year green card I may be doing a 20 month business postgraduate program that my work would sponsor if I decided to stay in London - would that be a good reason to keep green card and renew for long green card - pressuming I file my taxes in US/UK, keep regular visits to US and address current in US?

So many questions but we would like to be prepared. We never thought there would have been so many obstacles for a British and American couple? Two close nations but so many things to consider!

Thanks again

Noorah101

Yes, she needs some documents from you, I believe, in order to file the I-130. The I-130 instructions will say exactly what she needs from you. I know that at this point it is NOT the police report or medical. Those are done closer to you interview date in the UK.

The I-130 instructions will list specifically anything she will need from you in order to submit a complete I-130 package.

It could take up to 6 months just to get the I-130 approved, so it might take longer to get to the interview stage...maybe 8 to 10 months. Go to the US Embassy in London's website and look up documents required for an Immigrant Visa. Those are what you'll need at the interview stage, plus a police report and medical. The embassy will also send you the packet of forms and instructions for all this.

Right, you'll become a US PR upon entry to the USA, using your Immigrant Visa. If your marriage is less than 2 years old at that time, you'll receive a 2-year conditional green card, correct. I wouldn't say here "re-enter" because this will be your first entry using the Immigrant Visa.

You MUST use the Immigrant Visa within 6 months, otherwise it expires. Do not wait 8 months to enter the USA using that visa. You can enter the USA within the 6 months, activate your PR status, then apply for a re-entry permit which allows you to stay outside the USA for up to 2 years without losing your PR status. You must also maintain your ties to the USA during this time...bank account, taxes, mailing address at least.

See above.

Pretty much, yes. You need to be physically present in the USA for a certain amount of time in order to qualify for US Citizenship. It's not 3 years after marriage, it's 3 years after becoming a PR. See the USCIS Guide to Naturalization for the details on physical presence, absences from the USA, etc.

Best Wishes,
Rene

lion2010

Many thanks Rene!

Would be interested to hear about anyone in a similar situation previously (ie USC partner in US and other in UK) as to what best to file for I-130 or what you would recommend? As we can not open a joint bank account in US without me either been in US with and showing the bank my British passport - I could open a joint bank account in UK without coming over if I already had my green card and social security number - catch 22.

Can supply joint mortgage agreement in US, photos, - would a joint insurance policy be viable? Would be interested to know what others submitted without problems?

Thanks.

Noorah101

Actually, I think you CAN open a US Bank account without being physically present. At the very least, I'm sure you can have yourself added to your spouse's existing account. You don't need a green card or SSN. My alien fiance opened his own account here and added his name to my existing account before he had either a green card or a SSN. Grant it, he was here physically, but I believe I have heard of others who opened US bank accounts from the UK before.

Yes, include anything you have that's joint. Mortgage, Insurance, photos, credit cards (should be easy to add your name to any existing cards as well), joint utility bills (if there is a mortgage, there are probably utility bills), joint health insurance, joint investments, a will indicating the spouse as beneficiary, paperwork indicating spouse as beneficiary on life insurance or investments, joint membership to clubs or activities....the list is endless, just have to see what you can come up with for yourselves.

meauxna

If you review the instructions for the I-130, there is a list of potential evidence of a bonafide marriage that you can include. If you don't have any of those items, there is an option listed for affidavits from people who know of your marriage. Many newlyweds choose that option.

Are you *sure* you can be added to the mortgage? You can't change the terms of a mortgage here the way I understand you can in the UK, so to 'add' you to the mortgage would mean refinancing, a potentially expensive maneuver (which would also require you to be a PR to get a decent interest rate etc). Your wife may add you to the deed (title) with a simple, witnessed document in most states.

Your wife may also be able to add you to her existing bank and credit accounts.

lion2010

Thanks. I'll look into those just wondering what others submitted and if they had any problems. Will look into the mortgage aspect but can easily put on a house lease as well as she rents and has a purchased house as investment that is rented.

I'll double check if some banks will accept this for a joint account (in respect to me been in UK without green card) keep our own accounts and then pool assets together in a joint account for things like mortgage, other combined couple payments etc.

Can get a written letter from friends or family that is no problem but do not want to hassle them if they have to go for interviews etc.

meauxna

OK, I have no idea where you are going with this now. Do you?

Please see form I-130 and its detailed instructions. That is the first hurdle.

You do NOT have to get joint accounts, share your property or do anything that you don't want to do. Many of us here kept things separate (like bathrooms--good idea btw).
The bona fide marriage evidence is a fairly new I-130 requirement, so don't be surprised at a low response to that Q here.