MrsRyan

Hello

I am a British Citizen currently living in England with my American husband who has lived here with me for nearly 5 years. He is currently on Indefinite Leave to Remain following our Wedding.

We'd like to move to Colorado, to his family, and set up over there but I don't know where to start about getting a visa. There's so many options and letters and numbers I'm finding it very confusing. We processed all Jon's UK visas without using outside services and I'd like to try to do it myself as out funds are very tight.

Am I right in thinking I apply for a green card? I'm sorry if I seem naive. I have done some research and it looks like I can. The next question therefore is...

If I apply for a green card is is best/easier to do it here in the UK in preparation to move (which I think I'd like to do so that I can start to find work as soon as I'm in the US) or do I need to wait until I'm there to apply?

If not a green card, than how do I go about it, and, again, same questions apply.

I really hope you can help me and I'm sorry if this is in the wrong place.

Thanks
Carly

ian-mstm

You want a spouse visa - either CR-1 (if you've been married for less than 2 years) or IR-1 (if you've been married for more than 2 years). The process for both is exactly the same.


Your USC husband starts the process by filing form I-130 (and supporting documentation) directly to the US Consular Service in London. Once that's approved, you will be invited to apply for the visa. After applying, you will have an interview and, if all goes well, you'll get an immigrant visa in your UK passport. The day you enter the US with your immigrant visa, you'll immediately become a US permanent resident (= green card)... with the right to live/work in the US from that day forward. All the forms are available for download from either www.uscis.gov or the London Embassy site (which I don't have handy).

Concentrate on one step at a time, and you won't be confused by the myriad form numbers.


Very easy to do by yourself - as long as you're willing to pay attention to detail.


As I mentioned earlier, you will not be applying for a green card. You will be applying for an immigrant visa.

Don't worry... you've come to the right place! We're all happy to help you on your immigration journey. Oh, you're about to learn a new language: immigration-speak. This is perfectly normal and nothing to be afraid of! Your situation is likely the easiest, most straight forward route... so, no worries! We're here to help.

Ian

Noorah101

You are in the right place, so Welcome to BE.

What you want to do is apply for an Immigrant Visa. The best way for YOU to do that (because your USC husband has lived in the UK for more than 6 months) is to file the I-130 directly to London (instead of the Chicago lockbox in the USA).

This process is loosely called DCF (Direct Consular Filing) on this forum. The process is much quicker than when filing in the USA, most likely will take you around 4 - 6 months to complete. The visa itself will be valid for 6 months from the date of your medical exam.

Once you use the Immigrant Visa to enter the USA, you immediately become a US Permanent Resident, legally able to live and work in the USA from Day 1. At the POE, your visa will be endorsed with a 1-year temporary I-551 (which is the same as a green card). The plastic green card will come in the mail to your US address within a few months after your arrival in the USA.

The most tricky part will be making sure you can meet the financial requirements on the I-864 Affidavit of Support.

Have a read through our Wiki Guide to DCF (called "DCF in London", found in the blue bar at the main forum screen), and then come on back with any questions.

Rene

MrsRyan

Thanks so much - I'll take a look into and let you know how I get on

Hotscot

And, I'm not being nosy, you indicated funds are tight.
Have you budgeted for moving here or you'll have adequate help from family?

The US is a pretty bad place to be financially challenged and it's a very tough job market.

ian-mstm

And the health care costs could kill you - quite literally!

Ian

bewildering

I am unfamiliar with the British immigration system but is it possible for your husband to naturalize before you leave the UK? That would allow you both to easily move back to the UK if things did not work out. (I am assuming you lose 'Indefinite Leave to Remain' status if you leave the country, similar to the green card)

ian-mstm

An outstanding suggestion! I agree 100%

Ian

S Folinsky

"The trouble is all inside your head she said to me;
The answer is easy if you take it logically;
I'd like to help you in your struggle to be free."

Paul Simon

[Sorry, could not resist. ]

MrsRyan

Sorry, I'm not sure what you mean by naturalise...

As far as I am aware his Indefinite Leave to Remain is valid for 2 years if he leaves the country.

If I had the green card, and returned to the UK for a visit, like 2 weeks, would that invalidate the visa?

When I say 'funds are tight' I mean including allowing ourselves money to live while we get settled. It may even be that Jon moves over before me to secure a job and then I follow him. It's hard to weigh the pros and cons over jobs and expenses between the 2 countries - Jon's been able to work here for the past 4 years and has never managed to secure a full time job here. He is very confident that he can out there but things may have changed since he's been there. I know he feels that he's held back in the job market not being English, which is why he feels he'd have more success in the US. I am much more qualified that he is, with more experience in my field so, hopefully, it should be easier for me to find something out there.

All I do know is that Jon is getting very depressed and he's desparate to try our luck out there so who am I to say no? I know his parents will help us, and we'll have a place to stay to start with so that should make it easier. Plus, his dad's an insurance broker...

Nutmegger

People are suggesting that before leaving the UK, your husband should become a UK citizen -- that way if things don't work out in the US you can both go right back to the UK whenever you want without another round of paperwork to get him in.

MrsRyan

That's what I thought - would there not be paperwork to get him into the states after that? Soooooooooo confusing!

Noorah101

In this case, it means "become a UK citizen".

Once you get your green card in hand, your visa is no longer of any use anyway. But a simple 2 week vacation to the UK will not make you lose your US PR status (green card), no.

Rene

Noorah101

He is the USC, correct? He doesn't need any paperwork to get into the USA. As a USC, he has the right to come and go from the USA no matter what his status is in other countries.

If he becomes a UKC, he will retain his US citizenship as well, and will become a dual citizen.

Rene

Nutmegger

Isn't he the USC? He can go in and out of the states as much as he likes! If he becomes a UK citizen, he can do the same at that end, too!