British Expats
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British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   UK & US citizens living in UK looking to move to US (https://britishexpats.com/forum/marriage-based-visas-35/uk-us-citizens-living-uk-looking-move-us-924157/)

Texit Apr 14th 2019 6:39 pm
UK & US citizens living in UK looking to move to US
 
Hello!

Recently married couple residing in the UK looking for a change of scenery and a US green card.

A question regarding the application process as my wife has lived over here for nine years now and no longer has a home back in the states. We know we will most likely need an affidavit of support, but will this negate the need for having a job and housing before we arrive? Can we apply for my green card and affidavit of support and then move without having a job/house waiting?

Would be good to hear from anyone who’s gone through a similar experience! Thanks in advance!

Noorah101 Apr 14th 2019 6:52 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by Texit (Post 12670732)
Hello!

Hello, and Welcome to BE! :)

A question regarding the application process as my wife has lived over here for nine years now and no longer has a home back in the states. We know we will most likely need an affidavit of support,...
Not "most likely", but "most definitely".

...but will this negate the need for having a job and housing before we arrive?
It's unrelated. Go to www.uscis.gov and look at the I-864 Affidavit of Support form and instructions, and the I-864P poverty guideline figures. UK income won't count unless it continues from the same source inside the USA, but if you have enough in assets (cash in the bank works best) or a Joint Sponsor in the USA who earns enough (or has enough in assets) for their own household plus the immigrant, those can be used.

Can we apply for my green card and affidavit of support and then move without having a job/house waiting?
Terminology is important in the immigration world. You aren't actually applying for a green card, but rather an Immigrant Visa. The Affidavit of Support is part of the visa application, so you must have it to take with you to your visa interview. But yes, you can go through the whole immigrant visa process without having a job/house waiting in the USA.

Rene

tom169 Apr 14th 2019 7:57 pm
Re: UK & US citizens living in UK looking to move to US
 
Suggest she looks into British citizenship if she hasn't got it already .

civilservant Apr 15th 2019 10:30 am
Re: UK & US citizens living in UK looking to move to US
 
USC Spouse will need to provide intent to domicile in the US

Rete Apr 15th 2019 12:12 pm
Re: UK & US citizens living in UK looking to move to US
 
The issue of proving intent to return to the US is normally not a problem with the US Embassy in London. They are one of the few that don't ask for this proof. If she feels more comfortable having proof, she can sign up with an employment agency or a real estate agent.

If she has not been paying her US taxes in the years she has been in the UK, she needs to file the back taxes asap.

Rete Apr 15th 2019 12:14 pm
Re: UK & US citizens living in UK looking to move to US
 
Also, please note:

Direct Consulate Filing will be ending soon. If you are intent on moving to the US, she needs to file the I-130 quickly in order to take advantage of this faster way to help you obtain an IR-1 visa.

Pulaski Apr 15th 2019 1:05 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by Texit (Post 12670732)
….. Can we apply for my green card CR-1 and affidavit of support and then move without having a job/house waiting? ….
Yes, that's what we did (my wife is the USC), except we self-sponsored using assets.

After nine years of married life, do you not have enough accumulated assets to self-sponsor using assets? Say, equity in your home, plus vehicles to sell, and/or any other non-pension savings?

Texit May 14th 2019 7:29 pm
Re: UK & US citizens living in UK looking to move to US
 
Thanks for the responses, very helpful so far.

Texit May 14th 2019 7:31 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by Rete (Post 12671065)
Also, please note:

Direct Consulate Filing will be ending soon. If you are intent on moving to the US, she needs to file the I-130 quickly in order to take advantage of this faster way to help you obtain an IR-1 visa.
When does Direct Consulate filing end or how can we find out? We have the I-130 form filled out and ready to go.

Noorah101 May 14th 2019 10:26 pm
Re: UK & US citizens living in UK looking to move to US
 
I don't think there's an official date. Go ahead and submit your I-130.

Rene

BritInParis May 14th 2019 10:51 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by tom169 (Post 12670763)
Suggest she looks into British citizenship if she hasn't got it already .
This is important advice. If she has ILR then you should apply as soon as possible.

civilservant May 15th 2019 10:49 am
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by Texit (Post 12683741)


When does Direct Consulate filing end or how can we find out? We have the I-130 form filled out and ready to go.
There has been no formal date announced that I am aware of, it was more of a generic 'in the next few months'

I would advise that you get your application in ASAP.

Texit May 15th 2019 12:21 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by BritInParis (Post 12683804)
This is important advice. If she has ILR then you should apply as soon as possible.
Unfortunately her residency in the UK. falls short of the 10+ years required albeit only by a couple of years.

Texit May 15th 2019 12:23 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by civilservant (Post 12683991)
There has been no formal date announced that I am aware of, it was more of a generic 'in the next few months'

I would advise that you get your application in ASAP.
ok thanks, we’re just in the process of getting he last few documents together and should be getting the application in within the next week or so.

BritInParis May 15th 2019 12:32 pm
Re: UK & US citizens living in UK looking to move to US
 
Originally Posted by Texit (Post 12684030)
Unfortunately her residency in the UK. falls short of the 10+ years required albeit only by a couple of years.
Which visas has she held until this point?


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