chasesmummy

Hi!
Planning on moving to Florida in a few years time. I am a USC by birth but have lived in the UK most of my life, have a British husband and baby born in the UK.
Could anyone offer me any advice on what type of Visa I need to apply for? I had a look and came up with a few different answers. I think I will need to sponsor my husband & son to bring them over, by then I should be a teacher - will approximately $35-40k salary be enough to sponsor them? We would also have £100k from selling our house - I'm not sure if I can use that towards sponsoring them?
Also, is it unrealistic to expect us all to be able to move together? I can't seem to figure out in my head how it would work. I can't imagine being able to secure a teaching job without living there first, but can't sponsor my family without the job . We did have one idea which was to save up as much as possible between now and the move to enable us to go out there for a few months without jobs - is that a possible (albeit risky!) way to do things?
Many thanks for any advice you can offer!

Harveyspecter

Others will have more precise advice than I, but there are plenty of Wiki pages on here that will help.

If you have been married less than 2 years you'll need an IR1 Visa, more than 2 years a CR1 visa. First you have to petition using the I-130 form then if and when thats approved, your Husband/child can then apply for their visa.

I believe you can use assets such as your house to contribute towards sponsorship, other options are a co sponsor and also your spouse's assets.

It's not unrealistic to want to move together. Some say its easier for you the USC to move out there during to process to prove your spouse's 'intent to reside in the USA' but as long as you can prove you're intending to move it's not an issue I believe.

Noorah101

It's the other way around. CR-1 for a marriage less than 2 years old, IR-1 if more than 2 years. But those are both immigrant visas anyway, and the process is the same.

OP, in your case, you can file the I-130 directly to London. We call this DCF, and we have a Wiki Guide on the process.

You can all move together, yes, although you might need a joint sponsor unless you've actually sold your home and have the cash in the bank as an asset by that time.

Rene

Harveyspecter

Thanks for correcting me Rene, had an early start today!

ian-mstm

To clarify, you don't apply for any visa. Your husband will need one. You start the process by filing an I-130 petition for him and, once the petition is approved, he applies for a visa.

Edit to add: On the assumption that you were able to pass citizenship to your son, he will need a US passport prior to entering the US.


You are the USC - you must be the sponsor.


Yes. The exact figure can be found on form I-864P.


Your income will be sufficient.


No.


You are the USC, you must be the sponsor even if you don't qualify financially. If you want to remain in the UK and all move together, you'll either need sufficient assets (sale of your house may or may not work since you're going to need someplace to live in the US once you arrive), or you'll need a joint sponsor who does meet the income/asset requirement.


Yes. Assets (such as savings) must equal 3x the income amount.

Ian

ian-mstm

As Rene notes, it's the other way around.


It's a "joint sponsor"... not a "co sponsor".


It's the USC who must prove the intent to domicile... not the non-USC spouse (which is what you wrote, whether intentional or not)!


Hmmm! I don't buy it for a moment.

Ian

Dorothy

Is your child a US citizen also? It might be worth checking before you do anything - he may not need a visa at all.

Harveyspecter

Heeheehee

rpjs

Even if OP didn't spend enough time in the US to pass citizenship to her son (she mentions "have lived in the UK most of my life") I think I'm right in saying that the child would become a USC automatically on entry, which means he wouldn't need financial sponsorship, just her husband would.

ian-mstm

Correct.

chasesmummy - Can you please clarify whether or not your son is a US citizen? If he is, because you were able to pass citizenship to him, he'll need a US passport before entering the US. If he isn't, then he will also need a visa. That means an additional I-130 for him (and associated costs). He will need you to complete form I-864W (the "W" is very important) while your husband will need form I-864. Your son will immediately become a US citizen on entry to the US, while your husband will immediately become a US permanent resident on entry to the US.

Ian

chasesmummy

Thank you for the advice. I'm not sure whether I can pass my citizenship onto him or not. I was born in Connecticut and lived there until I was 2, at which point I moved to the UK and have lived here since. Both of my parents have dual citizenship (US & UK), as do I. My son is a year old next week, he currently has a UK passport which says that he is a British citizen & which he traveled to the US on a month ago. I haven't attempted to apply for a US passport for him or looked into it quite yet. Does anyone know what the criteria are for being able to pass my US citizenship on where he is concerned?
Thank you

ian-mstm

I guess you didn't read the link I provided!

Ian

scrubbedexpat099

Guess?

Pulaski

IIRC You (the USC parent) must have lived five years in the US, three of them after the age of fourteen.

Welshgator

That might be a problem as the OP states in her teaching thread that she's lived in UK since she was 2 years old.
http://britishexpats.com/forum/usa-5...lorida-864097/