charskye94

Hi there, my name is Charlotte Skye and I am 21 years old, my husband (24) is a US citizen. I came here to visit him under the VWP, in which we found out I could apply to change my status. I'm currently in the process for my residency** (NOT citizenship as i first said) through adjustment of status - we used RapidVisa to help us with the forms as one look at them confused us way too much. RapidVisa were extremely helpful, made sure we had every piece of necessary paperwork and even mailed our I-130 and I-485 packages to USCIS for us with delivery notifications. Since then, our case has been accepted and I am currently waiting to find out the details of my biometrics appointment. I have a few questions if anyone has any clue about this kind of thing?!

- How long does it ROUGHLY take? I saw online that the petition for Alien Relative can be processed in approximately 5 months, the application for travel document and the application for employment authorization can take approximately 3 months... is this relatively correct??
- How soon after receiving the travel document can it be used? Is it immediately? As we'd love to go back to England to see my family, preferably in January if it all goes through properly.
- Will I still keep my British citizenship, and just have dual citizenship? Could I still use my valid UK passport, even though I've hypenated my surname with my husbands and my passport only has my surname on?
- If we decided to move to the UK or if I went back for a long visit, etc. is there any chance of me losing my US citizenship?
- If our future children are born here in the US, I believe they are automatically considered to be US citizens. But would they also be considered dual citizens as well? What happens if we decide to move to the UK, would I have to apply for them to be British citizens?

I think thats all for now. Thank you in advance to anyone who can help, or even if anyone even just tries to help.

christmasoompa

Hi, and welcome to BE.

As you have specific questions about your visa application process (you're not applying for citizenship - you need to have been a LPR for a few years before you're eligible for citizenship) I've lived your thread over to our U.S. Forums. The good folks there will be able to help with your questions.

HTH and good luck.

kimilseung

I thought you had to be a resident in the USA for three years (if married to a citizen) before you could get citizenship.

charskye94

I think I do... sorry, I think I'm in the process of permanent residency? I AM SO DAMN CONFUSED!!!

christmasoompa

From what you've said, you are applying to become a LPR - you certainly aren't eligible for citizenship yet.

It might be worth asking your lawyer these questions too so they can clarify things for you - that's assuming that 'RapidVisa' are immigration lawyers and not one if these godawful agencies! I've never heard of them but hopefully they're proper lawyers.

One question that the forum pros might ask is what visa did you move to the U.S. on? I don't know much about the U.S. Visa process, but I'm sure others will be along to help you shortly.

kimilseung

After you become a resident and later become a citizen, you will also keep your British citizenship.

As a resident, leaving for a long time without maintaining strong links to America will put your resident status in jeopardy.
If you are a US citizen, you can leave without fear of lose of citizenship status.

Your kids will be dual citizens. But for Britain they will be citizens by descent. So they will not automatically be able to pass that status on to their children.

kimilseung

Yes. Those more knowledgeable than me will probably want to know what visa you used to come to America in the first place.

charskye94

Thanks, this has helped a lot already! I'm still worried about the kids part because my cousin is currently going through legal situations because her daughter was born in the US but she wants to move back to the UK and apparently her husband can stop her from taking the child if he doesn't want her to go?

charskye94

I came in on the VWP, started my application before my visa was up and was told I was allowed to stay in the country until a final decision has been made and that if I leave, it could be seen that I'm abandoning the process.

kimilseung

When I took my daughter on a day trip to Canada, I took a letter of permission from my wife. Children usually need the permission of both parents (or legal intervention) for international moves.

ian-mstm

Yes, that's true. The US frowns on parents removing US citizen children from US jurisdiction without permission of the other parent. It's called kidnapping. Feel free to do some research on the Hague Convention.

Ian

sir_eccles

Oddly enough I recall another thread recently where someone mentioned them. They sound like muppets.

I rest my case.

ian-mstm

Did these people also tell you the risks? If your adjustment is denied for any reason whatsoever (for example, if the officer believes you entered the US with the intent to stay to adjust status - whether that was actually the case or not) there is no appeal process, you become immediately removable from the US, likely get a ban on returning to the US, and being married to a US citizen won't help you one iota. Were you aware of that?


Oh dear... looks like you had the intent to stay when you entered the US. Did you know that was illegal? Too late now.

Ian

charskye94

I was told to stay in the country by the USCIS.

charskye94

I was told to stay in the country by the USCIS and they accepted my case knowing that my Visa would run out before it is fully processed. So I took that as them being okay with it, because I thought if they weren't my case would be denied and I'd be told to leave.