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want to move to the US with american husband

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Old Aug 5th 2007, 12:41 pm
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Default want to move to the US with american husband

I married my American husband 16 years ago and we have been living in the UK since then. I am British, our children were born in the Uk but have both US and British passports.
We would now like to move back to the States next spring to be near his family. Can someone tell me how I should go about getting a Green card? I have heard that, even though I am married to an american, it is notoriously difficult to get. Is this true?
Would my husband have to move back first, to get a job and an apartment, before I could get the paperwork to join him?
Or would it be easier if we move out there and then apply for my paperwork?
I hope someone can point me in the right direction. Thank you!
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Old Aug 5th 2007, 1:31 pm
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Default Re: want to move to the US with american husband

Originally Posted by alexandrasfriend
I Can someone tell me how I should go about getting a Green card?
In order to get a US green card, you will first have to file an I-130 at the London embassy, there will be follow up paperwork to obtain your Immigrant Visa. Once you enter the USA on that visa, you'll become a US Permanent Resident (green card holder).

I have heard that, even though I am married to an american, it is notoriously difficult to get. Is this true?
I don't think it's so difficult, no.

Would my husband have to move back first, to get a job and an apartment, before I could get the paperwork to join him?
No. He can stay in the UK. He will have to prove domicile in the USA (which does not mean he has to live there, but has to show he's been filing US taxes, has some ties to the USA, etc.). He will also have to be your financial sponsor, but you can use your UK assets if you have enough. Take a look at www.uscis.gov, Immigration Forms, I-864 Affidavit of Support. If he doesn't qualify, or your assets are not enough, you can get a joint sponsor.

Or would it be easier if we move out there and then apply for my paperwork?
I dont' know if that will be "easier", but it certainly would not be quicker. It's much faster to file the I-130 directly in London. Besides which, YOU can't move out there and then apply for your paperwork...only HE can.

Filing the I-130 directly to London is called DCF (Direct Consular Filing) on this forum. Do a search for DCF London, and you'll come up with lots of thread with information for you.

Best Wishes,
Rene
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Old Aug 7th 2007, 9:28 am
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Default Re: want to move to the US with american husband

Originally Posted by alexandrasfriend
Or would it be easier if we move out there and then apply for my paperwork?
I hope someone can point me in the right direction. Thank you!
Nope, much easier to do it right where you are.

Start here: http://www.usembassy.org.uk/cons_new...iv/immrel.html and don't ignore the box with links on the right hand margin. Do not look at the K visa stuff, you will go straight to the Immigrant Visa.

4-6 months to complete, your husband might want to get his UK citizenship before he leaves as well.

Have fun!
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