Uk citizen marrying US citizen
Sep 22nd 2018, 10:22 am
#1
Just Joined
Thread Starter
Joined: Sep 2018
Location: South coast England
Posts: 4
Uk citizen marrying US citizen
Helloooo!!!
Great threads here, I’m armed and ready for the completion and long wait for I 130 application and have an idea of cost and evidence, All thanks to you lovely ppl.
The only thing i havent seen is: I have a child 12yo (also ukc) not my OH (USC) child.
What do we need to do?
is it all on I 130 or will the child need different form?
do I need to prepare her for embassy interviews?
Thanks in advance 😊
Great threads here, I’m armed and ready for the completion and long wait for I 130 application and have an idea of cost and evidence, All thanks to you lovely ppl.
The only thing i havent seen is: I have a child 12yo (also ukc) not my OH (USC) child.
What do we need to do?
is it all on I 130 or will the child need different form?
do I need to prepare her for embassy interviews?
Thanks in advance 😊
Sep 22nd 2018, 11:36 am
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Uk citizen marrying US citizen
I am not sure if the child needs a separate I-130, but check the instructions at www.uscis.gov.
For sure you will need permission from the child's biological father... either something in writing from him, or a court order.
Rene
For sure you will need permission from the child's biological father... either something in writing from him, or a court order.
Rene
Sep 22nd 2018, 2:03 pm
#3
Just Joined
Thread Starter
Joined: Sep 2018
Location: South coast England
Posts: 4
Re: Uk citizen marrying US citizen
I am not sure if the child needs a separate I-130, but check the instructions at www.uscis.gov.
For sure you will need permission from the child's biological father... either something in writing from him, or a court order.
Rene
For sure you will need permission from the child's biological father... either something in writing from him, or a court order.
Rene
Thats not a problem, I have the biological farther side in hand 😜
I have seen your name all over these threads!
really appreciate your time, it’s been enlightening reading your advice.
Thanks again
Sep 22nd 2018, 3:40 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,388
Re: Uk citizen marrying US citizen
AFAIK, there is no derivative visa for a child to the I-130 if you are applying under the immediate relative category. Your USC husband would have to petition for her on her own I-130 as his stepchild. She will also need an affidavit of support from him, just as you will. However, at the age of 12, perhaps 13 at the time of the I-130 approval, I don't believe she needs the police clearance certificate and you should check on her need of a medical at Knightsbridge. If all goes well, both petitions will be adjudicated together but often they are not and this will cause a conflict for the scheduling of the interview in London. For that I'm sure you will want to have both of them together.
See: https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html
"Fortunately, figuring out whether a relative is eligible for a type of immigrant visa that allows for derivative beneficiaries is simple, because only one immigrant visa category does not do so: the so-called “immediate relative” category. This includes a U.S. citizen's parents, spouse, and unmarried children under 21 years of age. (For more information about these categories, see Green Card Through a U.S. Family Member: Who Qualifies?)."
See: https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html
"Fortunately, figuring out whether a relative is eligible for a type of immigrant visa that allows for derivative beneficiaries is simple, because only one immigrant visa category does not do so: the so-called “immediate relative” category. This includes a U.S. citizen's parents, spouse, and unmarried children under 21 years of age. (For more information about these categories, see Green Card Through a U.S. Family Member: Who Qualifies?)."
Sep 22nd 2018, 8:17 pm
#6
Just Joined
Thread Starter
Joined: Sep 2018
Location: South coast England
Posts: 4
Re: Uk citizen marrying US citizen
Hiya guys n gals
Am I completing I-485 and filing at same time as I-130?
I intend to stay in uk and carry in working until I have visa.
Then sell up and move over to start looking for work.
Thanks again
Am I completing I-485 and filing at same time as I-130?
I intend to stay in uk and carry in working until I have visa.
Then sell up and move over to start looking for work.
Thanks again
Sep 22nd 2018, 9:49 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,388
Re: Uk citizen marrying US citizen
No. The I-485 is for those adjusting status while within the US. You are not. Your husband needs to file the I-130 for your and your child. He will file it stateside. Once it is approved and goes to the National Visa Center, they will contact him for the affidavit of support, etc. You will finish up by going through the IR-1 process for the visa at the US Embassy in London.
Sep 23rd 2018, 6:28 am
#8
Just Joined
Thread Starter
Joined: Sep 2018
Location: South coast England
Posts: 4
Re: Uk citizen marrying US citizen
No. The I-485 is for those adjusting status while within the US. You are not. Your husband needs to file the I-130 for your and your child. He will file it stateside. Once it is approved and goes to the National Visa Center, they will contact him for the affidavit of support, etc. You will finish up by going through the IR-1 process for the visa at the US Embassy in London.
makes sense, my brain was fried, too much research!
