US citizen marrying UKC - green card needed before moving?
Jun 23rd 2022, 12:21 pm
#1
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US citizen marrying UKC - green card needed before moving?
Hello, new to this page!
Burning question can’t seem to get a straight answer!
I’ve been living in UK for 18 years, US/UK dual citizenship but from Texas. Married in 2020, hubby is UK citizen. We opened an LLC in September 2021 in Texas.
We want to move back Dec2022 or Jan 2023. Applied for his Green Card last October, only started processing this March 2022, taking ages and will prob take long due to Covid backlog. Question is : Can we move to Texas before green card is approved/issued as I’m a US citizen?
Does having a business help in anyway? Can we apply for a certain business VISA for him to get there before green card approved?
If so does this hurt the green card process?
Any help greatly appreciated!!!! Thank you
Burning question can’t seem to get a straight answer!
I’ve been living in UK for 18 years, US/UK dual citizenship but from Texas. Married in 2020, hubby is UK citizen. We opened an LLC in September 2021 in Texas.
We want to move back Dec2022 or Jan 2023. Applied for his Green Card last October, only started processing this March 2022, taking ages and will prob take long due to Covid backlog. Question is : Can we move to Texas before green card is approved/issued as I’m a US citizen?
Does having a business help in anyway? Can we apply for a certain business VISA for him to get there before green card approved?
If so does this hurt the green card process?
Any help greatly appreciated!!!! Thank you
Jun 23rd 2022, 1:17 pm
#2
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Joined: Apr 2001
Posts: 46,390
Re: US citizen marrying UKC - green card needed before moving?
Where did you file the application? The US Embassy or did you send it to the US?
Jun 23rd 2022, 1:56 pm
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: US citizen marrying UKC - green card needed before moving?
Your husband cannot "move to" the US before he has his visa, and he will need to be in London for his interview and medical, and to receive his visa. He is allowed to visit the US while waiting for his visa, but should be careful what he says to the immigration officer when he arrives in the US, as he is only allowed to visit, not stay, when he doesn't have a visa to live in the US.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
Jun 23rd 2022, 2:15 pm
#5
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Re: US citizen marrying UKC - green card needed before moving?
Your husband cannot "move to" the US before he has his visa, and he will need to be in London for his interview and medical, and to receive his visa. He is allowed to visit the US while waiting for his visa, but should be careful what he says to the immigration officer when he arrives in the US, as he is only allowed to visit, not stay, when he doesn't have a visa to live in the US.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
thank you, it’s not a spouse visa we applied for, it’s the Form I-130, sorry if it’s the same thing you are referring to! I’m new to all this.
is the ‘visa’ what he will get when he gets the interview for the green card?
Jun 23rd 2022, 2:19 pm
#6
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: US citizen marrying UKC - green card needed before moving?
Oh dear.
You added a complicating step, and costs, for likely no benefit.
Last edited by Pulaski; Jun 23rd 2022 at 2:39 pm.
Jun 23rd 2022, 3:07 pm
#7
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Joined: Apr 2001
Posts: 46,390
Re: US citizen marrying UKC - green card needed before moving?
You, not him, filed the I-130 for an Immediate Relative Visa. Why a visa instead of a green card? The difference comes because of where he is living. If the spouse is living in a foreign country it is a visa which will allow him to immigrate to the US. When the visa is presented at the Port of Entry it is stamped with an I-551 which is the stamp version of the US green card. The actual green card will arrive in the mail at his US ADDRESS.
It behooves you to learn all the steps involved in the I-130 process. You have a long long way to go and using a online immigration service, will not offer you help with this process.
Go to the official USCIS website and search for I-130 Immediate Relative. Read the various steps involved when the spouse is residing out of the country.
Go to the US Embassy London website and read that the steps are once the I-130 is approved in the US and sent to the USE in London. https://uk.usembassy.gov/visas/famil...130-petitions/
He won't be here as a resident before the end of the year unless he is very very lucky. Do NOT, I repeat Do NOT, assume that since you have filed the I-130 that he can now enter the US as a visitor under ESTA and remain here until the I-130 is approved and then file for Legal Permanent Residency. That is fraud. And when he visits he CANNOT work at the business because visitors under ESTA cannot work in the US.
It behooves you to learn all the steps involved in the I-130 process. You have a long long way to go and using a online immigration service, will not offer you help with this process.
Go to the official USCIS website and search for I-130 Immediate Relative. Read the various steps involved when the spouse is residing out of the country.
Go to the US Embassy London website and read that the steps are once the I-130 is approved in the US and sent to the USE in London. https://uk.usembassy.gov/visas/famil...130-petitions/
He won't be here as a resident before the end of the year unless he is very very lucky. Do NOT, I repeat Do NOT, assume that since you have filed the I-130 that he can now enter the US as a visitor under ESTA and remain here until the I-130 is approved and then file for Legal Permanent Residency. That is fraud. And when he visits he CANNOT work at the business because visitors under ESTA cannot work in the US.
Jun 23rd 2022, 3:16 pm
#8
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Re: US citizen marrying UKC - green card needed before moving?
You said he "applied for a green card", but technically you don't apply for a green card, you apply for a spouse visa, which in your husband's case will be an IR-1. The I-130 form is the form used to apply for an IR-1. When he enters the US using the IR-1 visa he will be sent a green card.
Oh dear.
You added a complicating step, and costs, for likely no benefit.
Oh dear.
You added a complicating step, and costs, for likely no benefit.
it was better for us as they went through everything before we sent it off and gave us advice on the form.
Jun 23rd 2022, 3:32 pm
#9
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: US citizen marrying UKC - green card needed before moving?
The preliminary I-130 filed in the US with the Department of Homeland Security. This is known as a “petition.” Upon approval, the petition is sent to the Department of State to process the visa application. These days, most of the paper processing is done stateside at the “National Visa Center” in Portsmouth NH. Near the conclusion of the process, the application goes to the Consular Section in London for interview and adjudication.
I-130’s have always been in the bailiwick of DHS (or the predecessor agency of INS). The regulations carved out a limited delegation of authority from INS to Consular Officers to accept and adjudicate marital I-130’s. This procedure got the internet nickname of “DCF” (Direct Consular Processing). Curiously, London did NOT have the authority to DCF. That said, there was an overseas office of INS/DHS in London which did have such authority. Being somewhat user transparent to the layperson, it was commonly included in the rubric of DCF. When true DCF was abolished, the authority of overseas INS/DHS offices was left undisturbed. A few years back, this delegation of authority was revoked and all I-130 are now adjudicated stateside.
BTW, the reference to immigration green card company stateside may be problematical. But that is another topic.
Jun 23rd 2022, 3:32 pm
#10
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Re: US citizen marrying UKC - green card needed before moving?
Dont know anything about the legal permanent thing you mention and I clearly stated I was concerned about jeopardising any processes.
Jun 23rd 2022, 3:35 pm
#11
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: US citizen marrying UKC - green card needed before moving?
As S Folinsky said above use of a "green card company" has the potential to be problematic, especially if they are not owned and operated ny a firm of lawyers. Also, whatever they are, lawyers or not, if they louse up your application, you wouldn't be the first person here on BE to have that happen to them. Of course that is unlikely, but using a lawyer, or other visa application service, is no guarantee that everything will go smoothly.
Last edited by Pulaski; Jun 23rd 2022 at 3:40 pm.
Jun 23rd 2022, 3:58 pm
#12
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Re: US citizen marrying UKC - green card needed before moving?
Your husband cannot "move to" the US before he has his visa, and he will need to be in London for his interview and medical, and to receive his visa. He is allowed to visit the US while waiting for his visa, but should be careful what he says to the immigration officer when he arrives in the US, as he is only allowed to visit, not stay, when he doesn't have a visa to live in the US.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
Being married to a USC, or owning a business, infers no special privilieges, and at this point, with the IR-1 spouse visa application well under way, I can't think of a business-related visa that applies to his situation that would get him to the US any sooner than waiting for the IR-1 application to run its course.
Given your prefered time scale I see him accompanying you to Texas later this year, visiting until his interview and medical are scheduled, or 90 days (whichever is shorter), then returning to the UK to complete his visa process and collect his visa.
Jun 23rd 2022, 4:10 pm
#13
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: US citizen marrying UKC - green card needed before moving?
Yes, he could come for more than one VWP visit, so long as neither exceed 90 days. Some people report, or at least think, that coming on back-to-back 90 day visits can be a problem, or they think that it can be a problem, but I am not so sure. Maybe things are more strict than they used to be, but I knew someone who made at least eight, that I know of, (and I suspect there were four or more in addition) back-to-back 90 day visits to the US back in the 1990s, each separated by only one week! As your husband is unlikely to need more than two visits, I personally believe that if he say, spent 70 days in the US, went back to the UK*, then returned to the US again, that he wouldn't have a problem be allowed to reenter for a second VWP visit.
* Please note, that in order to reset the 90 day clock he will need to leave continental North America, IOW visiting Canada, Mexico, or any island in the Caribbean does not reset the 90 day VWP clock.
Jun 23rd 2022, 4:26 pm
#14
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Re: US citizen marrying UKC - green card needed before moving?
Ask away, we don't mind.
Yes, he could come for more than one VWP visit, so long as neither exceed 90 days. Some people report, or at least think, that coming on back-to-back 90 day visits can be a problem, or they think that it can be a problem, but I am not so sure. Maybe things are more strict than they used to be, but I knew someone who made at least eight, that I know of, (and I suspect there were four or more in addition) back-to-back 90 day visits to the US back in the 1990s, each separated by only one week! As your husband is unlikely to need more than two visits, I personally believe that if he say, spent 70 days in the US, went back to the UK*, then returned to the US again, that he wouldn't have a problem be allowed to reenter for a second VWP visit.
* Please note, that in order to reset the 90 day clock he will need to leave continental North America, IOW visiting Canada, Mexico, or any island in the Caribbean does not reset the 90 day VWP clock.
Yes, he could come for more than one VWP visit, so long as neither exceed 90 days. Some people report, or at least think, that coming on back-to-back 90 day visits can be a problem, or they think that it can be a problem, but I am not so sure. Maybe things are more strict than they used to be, but I knew someone who made at least eight, that I know of, (and I suspect there were four or more in addition) back-to-back 90 day visits to the US back in the 1990s, each separated by only one week! As your husband is unlikely to need more than two visits, I personally believe that if he say, spent 70 days in the US, went back to the UK*, then returned to the US again, that he wouldn't have a problem be allowed to reenter for a second VWP visit.
* Please note, that in order to reset the 90 day clock he will need to leave continental North America, IOW visiting Canada, Mexico, or any island in the Caribbean does not reset the 90 day VWP clock.
