Moving to Florida with my US wife
 

Hi all,

I have read many threads (sorry to see Ian go), and now wanted to start my own.

My US wife moved to live with in the UK in 2014, we were married 5 months earlier in California were she resided. Since her arrival we have had a second child who is now a US & UK passport holder.

My wife has declared her displeasure with yet another winter in the UK and stated she will put up with one more only. So the aim is to move back to the US August 2018.

Although my wife is Californian, all her family now live in Florida this is our target to move our little family too.

So my wife, step daughter and daughter all hold US passports, there is just me without. We do have little money, perhaps enough for a visa and some flights. My employer has expressed interest in retaining my services so income should not be an issue. The wife's family will put us up until we find our feet with our own home (rent). My wife will have a job almost on arrival though I understand I will still need an additional sponsor for the I-130?

Please feel free to correct me on the following and any advice greatfully received.
1. To relocate August 2018, we should start the process no later than January with my wife (and sponsor) completing the I-130 and submitting to the USCiS?
2. Once the I-130 is approved, I then complete a visa application?
3. The interview with criminal record check and medical history summary
4. Approval of VISA, we can then relocate?

5. Permanent Residency/Green card can be obtained after arrival as a IR-1?

Am I missing anything? Are there any speedier options?

I am also unsure exactly how my employment would continue once settled. I assume to be paid gross by my UK employer and then declare and pay tax in US? Do I have to wait 3 months after arrival before doing any work?

Really appreciate that many of the above questions have probably been answered several times over the last 20 years. If anyone can point to a particular thread(s) that are relevant then I would also be grateful.

Thanks

Re: Moving to Florida with my US wife
 

Quick addition.
My wife has not worked at all whilst in the UK, she has not filed anything with the IRS. So assuming she will need to file something?

My Income is £50k per annum and would continue when stateside, would this help with the financial side of things?

Re: Moving to Florida with my US wife
 

You should start this in November rather than January. Why? Because historically the US Embassy slows down around the holidays and the month January. You can always slow the process down, if need be, but you can't speed it up.

Once the I-130 is approved, you don't complete another application but continue with the processing for the IR Visa. This will include the police clearance certificate and a full medical at Knightsbridge. The police certificate is needed for the medical. And yes, the new directive is that you should have a summary from your GP of your medical history to take to Knightsbridge with you.

They are needed in order for you to interview but it is needed before the interview for the medical at Knightsbridge.


To quote Ian: VISA is a credit card, you are looking for a visa/Visa.

Why CR-1? You posted that you have been married since 2014. That is over 2 years so your green card and status will be Immediate Relative and the card good for 10 years.


You gave the barest of skeletal framework so yes, you are missing some things. No, there are no speedier options.

Future employment of your wife will have no bearing on her Affidavit of Support. And this is one of the important things you have not really done more than touch on. The continuation of your employment in the US with your UK employer, might or might not, be allowed. Line up a joint sponsor for an affidavit of support. They need only have enough income to support a family their size plus you. Since the wife and kids are US citizens, they don't require an affidavit of support.

As for waiting 3 months to work that is K-1 recipients. As a permanent resident you can work from day one.

Re: Moving to Florida with my US wife
 

She does not have to file if she has no earned income. She just includes a letter with her affidavit of support stating that.

Re: Moving to Florida with my US wife
 

If your wife isn't already in the US, with income earning over the 125% poverty line, then yes, you will most likely need a joint sponsor. A joint sponsor can be any US citizen, not necessarily related to you.

For reference (although don't take this timeline as gospel, it can change), we started our DCF application in April and had our visa in hand by the end of August. That said, the timeline depends on the workload of the centre you to which you submit.

If approved, you have six months from the date of the medical to enter. There is no (declared) time limit on arranging the medical or appointment after you receive notification to do so, so in theory, you could start the submission process now and just ensure you schedule the medical to work with your proposed departure date.

Not sure what you mean here. You complete and send in I-130 with required documentation as the first step. Once that's approved, you'll receive two approvals (NOA1 & 2), which will then direct you to complete your DS-260 and arrange a medical and interview, both in London.

Kind of.

3. The medical (provide ACRO police certificate, medical summary)
4. The interview (provide I-864, financial evidence & any other required documentation)
5. If approved, you will be issued a visa in your passport, valid for six months from the date of your medical. This visa acts as a temporary one year I-551 (green card) once admitted by the CBP officer processing your entry. After entry, you will receive a green card in the post.

FYI - If you have been married for 2 years or more, you will receive an IR-1 visa, not a CR-1. This means, if approved, you will receive a 10-year green card (in place of only a 2-year if receiving a CR-1). There are also other needs if receiving a CR-1, such as the need to file an I-751 before green card expiry.

Not to my knowledge.

This is tricky, since whether you need to pay UK tax on income is based on the number of days in the UK within the current UK tax year. You should seek some advice on this (or perhaps a more knowledgeable poster can help).

Re: Moving to Florida with my US wife
 

1. Yes, no later than January, for an August departure - and I would say a couple of months earlier, just in case of random hiccoughs. If the early stages move too fast you can easily stall things by delaying booking your medical and interview for a few months (upto 12 months, after which you application would be deemed abandoned).

2. Yes

3. Not sure what your question is. :unsure:

4. Yes

5. Yes, and you can work immediately that you have cleared immigration, you don't even need an SSN to start work. .... I know, that's what I did, with a major corporation, not some private cash-in-hand employer. Obviously you need your SSN ASAP

Added Question. If your wife has not worked and therefore has less than $4,000/yr income then she does not need to file tax returns. This may cause questions and she should state clearly that she had no income and therefore does not have tax returns. Alternatively filing junk $0 returns for the past three years might be easier.

If you can prove that your income will continue in the US then that would help, but in practice if someone in your wife's family can be a joint sponsor it will likely make the visa process easier, with few questions.

Oh, and thank you for taking the time to read other threads and educate yourself. It makes a huge difference when people start posting when they are already informed about the basics, compared to those who expect to be spoon fed with everything. :)

Re: Moving to Florida with my US wife
 

This is fine -- you are doing the work in the US, so you pay the taxes in the US. (I work for a number of European clients -- I bill them, they transfer the money to me in dollars, I declare it on my US tax return.) I believe that one of the benefits of arriving on a spouse visa is that you are authorized to work in the US from day one. I'm sure others will be along to confirm that.

Re: Moving to Florida with my US wife
 

A joint sponsor can also be an LPR.

Re: Moving to Florida with my US wife
 

ZSN? Was the major corporation the Grauniad? :unsure:

Re: Moving to Florida with my US wife
 

Wow, thank you all for your replies. Always so difficult posting in such an established forum. I have researched the process a few times but not reached the point of filling anything out because my wife as the obligatory wind change to her decisions.

Rete - Sorry yes IR-1, we married in May 2014. On a side note we married whilst I was in the US on WVP, would that be an issue?

I do have a DBS (CRB) from 2013, can I presume an up to date one is required? Not sure what an ACRO is?

Looks like we will start the ball rolling and complete the I-130 within the next month, just need to pick one of the US family members for the financial support.

Re: Moving to Florida with my US wife
 

1. Marriage on the VWP is fine, no problem.
2. Don't know what those acronyms mean, but you can't reuse or update anything from 2013. You need a new police report (ACRO). Google is your friend.

Rene

Re: Moving to Florida with my US wife
 

Ask autocorrect on my phone. :frown:
:p

Re: Moving to Florida with my US wife
 

Nope, no problem at all, it is perfectly legal, and in fact I did so myself. :)

People get confused because it is illegal to stay after marrying, and can cause a major problem in regularizing your status in the US. But marrying on the VWP and then leaving the US is no problem whatsoever.

Re: Moving to Florida with my US wife
 

OP is talking about moving in 11 months. Within the rubric of slowing things down if necessary, and given the uncertainty engendered by the current administration ["extreme vetting" anyone], I would feel nervous in not starting now if it was me.

Re: Moving to Florida with my US wife
 

I would agree with this 100%. You can choose not to move yet with the visa in the passport (before it's expiration), but you can't go anywhere without that visa...