can I move to USA?

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Old Sep 16th 2018, 2:17 pm
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Default can I move to USA?

Hi,

Need some info please. Due to marriage breakdown I'm thinking to move to USA where my mom lives at the moment. My question is, will she be able to sponsor me? I'm in my 40s and she's in her 70s. She's a US citizen and I'm a British citizen. I also have an 8 year old autistic boy who will required special need education. I'm not sure if he still can go to a free (no need to pay) school or not? And of course by moving there means starting from zero, I won't have a job for a while.

TIA.

San
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Old Sep 16th 2018, 3:19 pm
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Default Re: can I move to USA?

Originally Posted by sanova76 View Post
Hi,

Need some info please. Due to marriage breakdown I'm thinking to move to USA where my mom lives at the moment. My question is, will she be able to sponsor me? I'm in my 40s and she's in her 70s. She's a US citizen and I'm a British citizen. I also have an 8 year old autistic boy who will required special need education. I'm not sure if he still can go to a free (no need to pay) school or not? And of course by moving there means starting from zero, I won't have a job for a while.

TIA.

San
Welcome to BE.

Have a read of this to see if there is any way you qualify for a visa.

https://britishexpats.com/wiki/Pulas...ork_in_the_USA
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Old Sep 16th 2018, 3:22 pm
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Default Re: can I move to USA?

You asked about this a number of years ago. For those trying to help, the OP's mother naturalized after marrying a USC, so there is no rapid path to citizenship for him.

https://britishexpats.com/forum/us-i.../#post10513487
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Old Sep 16th 2018, 3:36 pm
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Default Re: can I move to USA?

Thanks for the replies. So I assume she can fill I-130 for me and my son? I'm not thinking about citizenship at the moment, maybe green card for start.
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Old Sep 16th 2018, 4:23 pm
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Default Re: can I move to USA?

Originally Posted by sanova76 View Post
Thanks for the replies. So I assume she can fill I-130 for me and my son? I'm not thinking about citizenship at the moment, maybe green card for start.
A green card will not happen overnight. One of the experts will be along to confirm this, but I believe that your category will be F1 -- and that your son could be an adult himself by the time your application becomes current.
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Old Sep 16th 2018, 5:06 pm
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Default Re: can I move to USA?

Originally Posted by sanova76 View Post
Thanks for the replies. So I assume she can fill I-130 for me and my son? I'm not thinking about citizenship at the moment, maybe green card for start.
Citizenship is a long ways away for you. First you need to be a permanent resident for 5 years before you are eligible to even apply for US Naturalization. Permanent residency is the only place you have to start if you are dependent on your mother's application to make you eligible to emigrate. And then, if she dies before you obtain it, all hope is lost.

In addition, the US is not the best place to raise an autistic child or to be an autistic adult if he is severely handicapped. You and he are better off in the UK.
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Old Sep 16th 2018, 5:35 pm
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Default Re: can I move to USA?

Are you married?
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Old Sep 16th 2018, 6:00 pm
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Default Re: can I move to USA?

Originally Posted by tom169 View Post
Are you married?
He said a marriage breakdown so it can be either he is waiting on a divorce or already divorced. Mom is already 70+ and the wait for an adult child is many years so, again, if she dies, the petition dies with her.

Right now, if unmarried, the wait is approximately 7 years.
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Old Sep 16th 2018, 8:43 pm
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Default Re: can I move to USA?

Originally Posted by sanova76 View Post
Hi,

Need some info please. Due to marriage breakdown I'm thinking to move to USA where my mom lives at the moment. My question is, will she be able to sponsor me? I'm in my 40s and she's in her 70s. She's a US citizen and I'm a British citizen. I also have an 8 year old autistic boy who will required special need education. I'm not sure if he still can go to a free (no need to pay) school or not? And of course by moving there means starting from zero, I won't have a job for a while.

TIA.

San
Your mother can sponsor you.

The child can come as a dependent

You will need the other Parents approval

If your Mother does not have the financial resources then a joint sponsor can be used.

Child needs are something you will need to consider, obviously will be approaching High School graduation by then.
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Old Sep 17th 2018, 12:23 pm
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Default Re: can I move to USA?

While the answer to your question is yes, you need to be aware that it will be many years before your visa became current, and depending on the childs age he may not be eligible to come with you.

If you are not married, F1 is what you need to be looking at.
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Old Sep 17th 2018, 12:42 pm
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Default Re: can I move to USA?

Originally Posted by civilservant View Post
While the answer to your question is yes, you need to be aware that it will be many years before your visa became current, and depending on the childs age he may not be eligible to come with you.

If you are not married, F1 is what you need to be looking at.
F1? Isn't that a student visa?
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Old Sep 17th 2018, 12:47 pm
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Default Re: can I move to USA?

Originally Posted by Rete View Post
F1? Isn't that a student visa?
FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
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Old Sep 17th 2018, 12:48 pm
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Default Re: can I move to USA?

Originally Posted by Rete View Post
F1? Isn't that a student visa?
It is indeed, what I should have said was the F1 Family Immigrant Preference Category.
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Old Sep 17th 2018, 3:25 pm
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Default Re: can I move to USA?

Thanks for all the replies. I think I'll have to reconsider about moving as the process takes longer than I thought. I think my mom got a spouse visa before the green card then became US citizen. My circumstances obviously is different.
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Old Sep 17th 2018, 4:15 pm
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Default Re: can I move to USA?

Originally Posted by sanova76 View Post
Thanks for all the replies. I think I'll have to reconsider about moving as the process takes longer than I thought. I think my mom got a spouse visa before the green card then became US citizen. My circumstances obviously is different.
Yes that is the order in which one becomes a US Citizen based on marriage to a US Citizen. She still had to wait 3 years before being eligible to apply for naturalization whereas you as a F1 would have to wait for 5 years to be eligible. Only spouses of US citizens and if their children are immigrating with then are considered immediate relatives and there is no wait for their visa to become current. Which is unfortunate for you. You are not considered a child but an adult (over the age of 21) and while you are her son, you are not considered a "child" under the USCIS law.
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