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UK & US citizens living in UK looking to move to US

UK & US citizens living in UK looking to move to US

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Old Apr 14th 2019, 6:39 pm
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Default 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!
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Old Apr 14th 2019, 6:52 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by Texit
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

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Old Apr 14th 2019, 7:57 pm
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Default 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 .
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Old Apr 15th 2019, 10:30 am
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Default Re: UK & US citizens living in UK looking to move to US

USC Spouse will need to provide intent to domicile in the US
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Old Apr 15th 2019, 12:12 pm
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Default 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.
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Old Apr 15th 2019, 12:14 pm
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Default 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.
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Old Apr 15th 2019, 1:05 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by Texit
….. 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?
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Old May 14th 2019, 7:29 pm
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Default Re: UK & US citizens living in UK looking to move to US

Thanks for the responses, very helpful so far.
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Old May 14th 2019, 7:31 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by Rete
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.
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Old May 14th 2019, 10:26 pm
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Default 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
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Old May 14th 2019, 10:51 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by tom169
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.
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Old May 15th 2019, 10:49 am
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by Texit


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.
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Old May 15th 2019, 12:21 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by BritInParis
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.
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Old May 15th 2019, 12:23 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by civilservant
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.
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Old May 15th 2019, 12:32 pm
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Default Re: UK & US citizens living in UK looking to move to US

Originally Posted by Texit
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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