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Monty1080's questions about spousal immigrant visa process

Monty1080's questions about spousal immigrant visa process

Old Jun 21st 2023, 10:12 am
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Default Monty1080's questions about spousal immigrant visa process

Hi guys, thought I'd post here rather than starting a new thread. I'm a UK citizen with a US/UK wife and 2 US/UK kids. We're planning on re-locating to the US soon, there are however a few "wrinkles".
- I am presently living and working in China (on a workout of a contract) and could be for a couple more years.
- My wife and kids will be moving to the States this summer

So I have a few questions which hopefully you can help with.
- Can I fill out all the docs I-130 etc online on my wife's behalf on my own USCIS account? Then have her validate it somehow? Or does it all have to be done by her ?
- Is filing from the UK a waste of time given they could be in the US by August 2023 ?
- Will my being in China complicate anything...do I perhaps have to file from here? (I'm a legal and tax resident in China)
- If my green card arrives whilst I'm still resident in China does that affect anything other than having to file taxes?

I"m sure there are tons of things I haven't thought of but thanks in advance!
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Old Jun 21st 2023, 12:19 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

Hi, welcome to BE. Sorry, but I moved your post, it's always better to ask questions in your own thread rather than on the end of somebody else's.

Your wife has to petition for you, but she can do that from anywhere (including the UK, it doesn't matter if she moves at a later date, she'll just need to update her address).

You being in China is fine. Once the petition is approved, then there will be fees to pay, documents to submit and you'll be put in the queue for an interview but that will happen in China. You'll have a medical there too.

And your green card won't arrive in China, you have to enter the US first on your immigrant visa and then the green card is mailed to you in the US after you do so.

The only thing to be mindful of is that once you have the immigrant visa, you only have 6 months from the date of the medical to enter the US on it, and once you've done that you'll be a LPR of the US and expected to live there permanently. So depending on how quickly your petition is approved, you might need to drag things out a bit so that you don't end up risking your status if you have to stay longer on your contract in China. Or you might even want to hold off and wait to apply if you know you don't want to move for another 2 years?

HTH, good luck.

Last edited by christmasoompa; Jun 21st 2023 at 12:21 pm.
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Old Jun 21st 2023, 1:28 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

Originally Posted by monty1080
Hi guys, thought I'd post here rather than starting a new thread. I'm a UK citizen with a US/UK wife and 2 US/UK kids. We're planning on re-locating to the US soon, there are however a few "wrinkles".
- I am presently living and working in China (on a workout of a contract) and could be for a couple more years.
- My wife and kids will be moving to the States this summer

So I have a few questions which hopefully you can help with.
- Can I fill out all the docs I-130 etc online on my wife's behalf on my own USCIS account? Then have her validate it somehow? Or does it all have to be done by her ?
- Is filing from the UK a waste of time given they could be in the US by August 2023 ?
- Will my being in China complicate anything...do I perhaps have to file from here? (I'm a legal and tax resident in China)
- If my green card arrives whilst I'm still resident in China does that affect anything other than having to file taxes?

I"m sure there are tons of things I haven't thought of but thanks in advance!

Are you related to BE member JLA2023? You sound to have the same situation.
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Old Jun 21st 2023, 1:57 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

As your wife and children, being US citizens (I assume your children have US passports already), can relocate to the US whenever they like, and whether, or when they do so has little bearing on your own spouse visa application, except that, as your sponsor, your wife must either travel with you when you enter on your visa, or already be in the US.

Personally I would recommend delaying your application until around 18 months ahead of your expected arrival in the US following the end of your contract in China, and even then you would have opportunities to pause the process by not replying promptly (you have upto 12 months at each stage, before your file is assumed abandoned and closed), and six months to use the settlement visa once issued.
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Old Jun 21st 2023, 3:14 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

Originally Posted by christmasoompa
Hi, welcome to BE. Sorry, but I moved your post, it's always better to ask questions in your own thread rather than on the end of somebody else's.

Your wife has to petition for you, but she can do that from anywhere (including the UK, it doesn't matter if she moves at a later date, she'll just need to update her address).

You being in China is fine. Once the petition is approved, then there will be fees to pay, documents to submit and you'll be put in the queue for an interview but that will happen in China. You'll have a medical there too.

And your green card won't arrive in China, you have to enter the US first on your immigrant visa and then the green card is mailed to you in the US after you do so.

The only thing to be mindful of is that once you have the immigrant visa, you only have 6 months from the date of the medical to enter the US on it, and once you've done that you'll be a LPR of the US and expected to live there permanently. So depending on how quickly your petition is approved, you might need to drag things out a bit so that you don't end up risking your status if you have to stay longer on your contract in China. Or you might even want to hold off and wait to apply if you know you don't want to move for another 2 years?

HTH, good luck.
In your last paragraph, although you bring up a valid issue, your advice is not really spot on. The leading case ( which is still good law) is Matter of Huang. It is quite possible to flagpole to obtain permanent residence once the visa is obtained. Sometimes flagpoling is not only possible, but is necessary.

You mention documents in passing. OP needs to be aware of these, in particular police and court records. Also his wife should obtain copies of her US tax returns for the last three years.

OP has already been advised in this thread to delay emigration to the US. That may or may not be advisable. Not enough in the way of facts here to give advice.
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Old Jun 22nd 2023, 2:21 am
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Default Re: Monty1080's questions about spousal immigrant visa process

Originally Posted by Nutmegger
Are you related to BE member JLA2023? You sound to have the same situation.
Hey, yes that's right.I'm her husband Just wanted to get some additional info about the I-130 and general process given our situation is a bit out of the ordinary.
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Old Jun 22nd 2023, 1:13 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

Originally Posted by monty1080
Hey, yes that's right.I'm her husband Just wanted to get some additional info about the I-130 and general process given our situation is a bit out of the ordinary.
I recalled her info as you're heading to my neck of the woods, Connecticut. All the best with the process.
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Old Jun 22nd 2023, 6:32 pm
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Default Re: Monty1080's questions about spousal immigrant visa process

Originally Posted by monty1080
Hi guys, thought I'd post here rather than starting a new thread. I'm a UK citizen with a US/UK wife and 2 US/UK kids. We're planning on re-locating to the US soon, there are however a few "wrinkles".
- I am presently living and working in China (on a workout of a contract) and could be for a couple more years.
- My wife and kids will be moving to the States this summer

So I have a few questions which hopefully you can help with.
- Can I fill out all the docs I-130 etc online on my wife's behalf on my own USCIS account? Then have her validate it somehow? Or does it all have to be done by her ?
- Is filing from the UK a waste of time given they could be in the US by August 2023 ?
- Will my being in China complicate anything...do I perhaps have to file from here? (I'm a legal and tax resident in China)
- If my green card arrives whilst I'm still resident in China does that affect anything other than having to file taxes?

I"m sure there are tons of things I haven't thought of but thanks in advance!
A different situation, but shortly after I got my Green card through work they needed me in the UK. I did not want to give up my PR and my then GF / now wife was NYC based. I brought an apt in NYC, Had US health insurance and some W2 wage, and commuted back to London for work 3 times a month and spent weekends at home in NYC, I would work in the NYC office for my W2 job 1 week a month saving me a trip to London. I looked at commuter Green Card but it was only applicable to Canada.

China is obviously a longer flight so not as easy, the other big consideration is tax. My time and n the UK and PAYE salary there meant I paid tax there and then despite the DTA credit on the UK tax at the federal level in the US I owed state and city tax paid on top in NYC (and the excess Federal credit for UK taxes did not offset these, they had to be paid on top taking me over 50% with double NI/SS etc factored in). Not a optimal long term solution but if you want to run your application in parallel to finishing your contract may be worth considering… Note: even if you traveled abroad frequently to China as a US PR you would be tax resident on your worldwide income and if you lived with your wife in CT, there is state tax as well… you would have to come home at least 2 x a year and the time away would
mean you would not meet the requirements to become a Citizen. You need 50%+ of your time at home in the US for that…
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