SophieDoyle

Okay,

So our original plan was for her to move to the UK, this isn't working out as planned, so I'm looking to move there, with my six month old daughter. Which visa do I need, please? And also, do I need to apply for the green card? Does my daughter fall under the same visa as mine or would I need to get two?

Sorry for all the questions, just a tad confusing.

Many thanks.

Noorah101

If you are not yet married, you have two choices:

K-1 fiancé visa, or spouse Immigrant Visa.

Either way, you will need permission from your daughter's father (or a court order) to be able to remove her from the UK.

Whether you need to apply for the green card depends on which visa route you choose. Whether your daughter falls under the same visa or not depends on which visa route you choose.

Start by reading the Wiki Comparison Chart, here: Comparison of marriage-based visas : British Expat Wiki

For more information on the K-1: K1 : British Expat Wiki

For more information on the CR-1 spouse Immigrant Visa: CR-1 : British Expat Wiki

Read through all those links carefully and then come on back with any questions.

Rene

RICH

Is your partner a US citizen? And to be clear we are talking about a same sex partner, correct?

SophieDoyle

Yes, she's a US citizen, and it is a same sex couple.

SophieDoyle

I currently have a prohibited steps order against me, so I will be trying to get a court order, as permission from the parent is a no-go.

ian-mstm

Well then... be prepared for a long, drawn out process. This will all come down to your daughter's best interests and you will be required to demonstrate how her welfare will improve if she is allowed to move to the US. Be aware that "being with her mother" isn't usually a sufficient reason on its own.

If you already have a PSO in place, then I hesitate to suggest that, quite simply, it isn't going to happen.

You also have the option to leave your daughter in the UK while you make a new life for yourself in the US. I'm not suggesting this is necessarily a good option, but the option does exist. Most people don't consider it viable... but some do, and have!

Good luck to you!

Ian

xavio4980

I want say the best option is to leave UK and go US without your daughter if the case is urgent but i have just seen your daughter has only six months and i am confused.
Good luck!

ian-mstm

You are confused. I suggest you go back and read again from the beginning. She wants to move to the US with her 6 month old daughter... there is nothing urgent here!

Perhaps you should improve your English before trying to help people with very serious immigration issues. We welcome your input, but your lack of understanding isn't helping this young woman.

Ian

xavio4980

I knew this but i want know if the marriage is urgent or not!

SophieDoyle

No, the marriage is not urgent.

I'm prepared for a long drawn out process, I know it will be difficult and have plenty of reasons I can give for my want to move to the US.

SophieDoyle

And the benefit of my daughter.

ian-mstm

If you click on someone's username, you will get the option to see their previous posts. The marriage is not urgent... because she's still going though a divorce!

Ian

xavio4980

Ok thanks, i am sorry!

sir_eccles

On the plus side, maybe by the time you are ready more States will recognise same sex marriages. We have a probably out of date list on the wiki. Same Sex Immigration Issues : British Expat Wiki just make sure you marry in a state or country that fully recognises it. The UK civil partnership thing is not enough.

SophieDoyle

Thank you everyone. How likely is it that I'll be granted? Because I have sufficient reasons I can give. First of all, I'm not denying a relationship for my ex and my daughter, and will offer her to come out for visits, Skype, photos, and also me visiting the UK regularly. My partner is setting up the home in the US (I have seen this and it is suitable) Also, I've checked out childcare for my daughter, for when I can eventually work in the US.