Reds123

Good evening all,

I am after some advice, I keep going around in circles.
me and my partner want to move to the States, I am British, she is American with ILR and has been living in the UK for 9 years, she has 2 children (not mine) which she is currently going through the process of getting them dual citizenship.

From what I can see...she will have to be my sponsor, but it also says that your sponsor needs to have a residence in the US as well. Her sister and husband have said they will financially support us and house us whilst we get things sorted.

what is the next step for us? We are not married, is it best getting married and applying for a spouse visa? Applying for a fiancé visa?

any help would be greatly appreciated

Noorah101

Get married and then do the CR-1 spouse immigrant visa process.

Your wife will still need to be your financial sponsor, but if her income is only from the UK. she won't qualify, so there are 2 options: 1) she can use joint assets (yours will be counted since you'll be married). Cash in the bank works best, but property can be used. Or 2) her sister can be a joint sponsor. For details, go to www.uscis.gov and research the I-864 form and instructions.

Direct filing in London is no longer an option, so the I-130 will have to be sent to the USA.

Rene

Noorah101

Re the children, how old are they and is the father in the UK? She might need the father's permission to remove them from the UK.

Rene

Reds123

Thank you so much, on the USCIS website it says that the sponsor has to have a domicile in the States which my partner hasn’t, (apart from Sister house). Can her sister be the joint sponsor if I’m not a ‘blood’ relative? I’m just a little confused about it all.
also the children are 6 & 8 and have already spoken to their father about the situation

Noorah101

London is lenient on the domicile issue. Your wife can provide paper proof of her Intent to domicile and that will be acceptable. You will bring that proof to the visa interview.

Such proof can be anything that shows cutting ties to the UK and establishing ties to the USA.

Yes, her sister can be a joint sponsor. The joint sponsor can be any USC or US PR living in the USA. They need not ever have even met you.

Rene

Noorah101

Re having spoken to the father, just know that the permission has to be in writing.

Rene

Pulaski

Domicile doesn't mean quite what you think it does, it is different from residency. A USC can declare "I am going to the US to live" and thereby immediately claim domicile on arrival, and "intent to domicile" is sufficient for a spouse visa application. Evidence of intent to domicile is pretty woolly and showing evidence of contact with an estate agent to sell your home, quotes from a shipper for moving your things, job searches and home searches in the US will be more than sufficent to prove the "intent to domicile" requirement. ..... My wife was living with me in London, and "intent to domicile" wasn't really an issue, with the "evicdence" that I took to the interview being given only a cursory examination by the interviewer at the US consulate in London.

SanDiegogirl

If wife has been living in the UK for 9 years and has ILR then she should get British citizenship before she leaves.

After 2 years out of UK, the ILR will lapse and if wanting to return then husband would have to sponsor her and the children.

Pulaski

Based on post #1, it appears that the children are British.
Yes, most likely ....asuming their mother can pass on US citizenship, as not all USCs can.
It is a common but entirely mistaken belief, on both sides of the pond, that you need to "register" a child and/or obtain a passport for them to "obtain" the citizenship of the country on the other side of the pond. In fact a child born with at least one parent from "the other country" (and who can pass on citizenship - there are both UKCs and USCs who cannot pass on citizenship based on how they obtained their citizenship and, in the case of UCSs, where they spent the first 16 years of their life) is born a citizen of both countries.

Rete

Also if the children were born in the UK then aren't they already British and American citizens. What does going about the process to get them dual citizenship mean?

She needs to get them both a British and a US Passport. She can register their birth with the US Embassy for a Certificate of Birth Abroad.

Reds123

Thanks guys. Regarding processing times any ideas? And also is it worth her and the kids going out first and then doing is it petition k-3?

Pulaski

Forget the K-3 it is a historic anomaly.

There is nothing to stop your wife heading to the US ahead of you, with her children, as she doesn't need to be in the UK while your CR-1 is processed, and does not need to be at the interview either, but that is an entirely practical matter for you to decide with your wife. FWIW at the time you enter the US your wife will either need to be already in the US, or arrive with you. It makes no difference which, but you cannot enter the US ahead of her.

Noorah101

With the pandemic going on, it's impossible to predict, but just for kicks let's say 12 to 18 months or more.

No, the K-3 is not worth it, as it takes just as long to obtain a K-3 as it does the immigrant visa. I haven't seen a K-3 case on this forum for many many years.

As stated, there is nothing stopping your wife from returning to the USA at any time, but you will still want to do the CR-1 Immigrant Visa route.

Rene

civilservant

Has she continued filing US tax returns while in the UK? Does she have any active US based credit accounts?