Green Card for a Family Member
 

Hello! First post here - hoping you can help!

My Dad is a US Citizen but hasn't lived in the US since he was 14. He's had permanent residence in the UK for 46 years and is married to my UK citizen Mum. I've thought about moving to the US for a long time and am now keen to pursue my green card options.

I'm 30, living in the UK and finally finalising my divorce. I have a boyfriend in the US and we'd like to close that distance, though as mentioned before, this is something I've wanted to do for a while anyway.

I understand that once I'm an 'unmarried child of a US citizen' I go up a preference category, which is why I've waited to apply. What are the likely times to be approved under this category? Will there be any issues with my Dad not having lived in the US for so long?

I'll probably be ready for my Dad to file in 8 weeks. My boyfriend and I have discussed marriage too, and we know it's in our future, but I am a little hesitant to do that now. I'm wondering if the wait for a visa via my Dad is going to be so long that we might then be ready for marriage before that's approved?

Please can someone talk me through the options and expected times?

I am degree educated and have a good career in marketing. I've always thought a visa through family is better/more likely than a working visa - is this the case?

Thanks!

Re: Green Card for a Family Member
 

Hi, and welcome to BE.

Just checking, but is your father planning on moving back to the US? I could be wrong, but I didn't think he could sponsor you if he's in the UK and has no intention of returning to live in the US, so that might be vital info the forum pros need to know before being able to help.

But lots more knowledgeable than I will be along to help you figure out your options shortly, best of luck with it.

:)

Re: Green Card for a Family Member
 

Hi, & thanks!

Good question! No, he has no intention of returning to the US. I didn't know that could affect it.

Re: Green Card for a Family Member
 

I could well be completely wrong, but now the forum members have that info they'll be able to tell you one way or the other!

It's a shame he didn't live in the US a little bit longer so you were a USC.

Good luck, hope BE can help you figure it out.

Re: Green Card for a Family Member
 

Take a look at the Visa Bulletin. After your divorce you'll be in category F1. People who applied in June 2010 are just now getting their visas processed. If your dad petitioned for you today, you'll be getting a visa sometime around 2025.

However...

The problem, is that your dad must live in the US or be planning to move back to the US at about the same time you move! If he isn't planning on returning permanently to the US, it's all moot.

If your dad's parents are still alive and living in the US and they meet the necessary qualifications, then it's possible you can gain US citizenship through them. That, however, is a long shot. Sometimes, it's only possible if the US citizen parent is dead... but that should not be considered a goal. :)


This is likely the only viable solution.

Ian

Re: Green Card for a Family Member
 

Never knew this before - can't believe I'd missed that important bit of info! Good to know, guess that's that one off the cards then.


He's open to it. I'll see how things go after our next few visits!

Thanks for your help & clarifying that whole US citizen sponsor thing.

Re: Green Card for a Family Member
 

What if Dad enters the US to set up household but after a few weeks decides this isn't for him and wants to return to the UK. Now daughter has entered the US say at the same time as Dad with an approved IR-1 visa based on Dad's return to the US. Is the approved IR-1 which has been stamped at the US POE now considered invalid or fraudulent if Dad does return to the UK to resume living?

Re: Green Card for a Family Member
 

No. Dad can change his mind afterwards.

Rene

Re: Green Card for a Family Member
 

I don't think he can.. at least not for 5 years. For someone under 18, they'd immediately become a USC and the I-864 requirement is waived. In this case, however, the USC sponsor needs to be in the US until released from sponsorship - and that won't happen until such time as she becomes a USC herself.

Ian

Re: Green Card for a Family Member
 

Hmmm. Maybe. I honestly don't know. Even if dad moved away, he'd just have to turn in an I-865 to give a change of address to the UK.

Think of a marriage scenario where a couple divorce before the alien becomes a USC. That doesn't mean the USC has to remain living in the USA, does it? They could move overseas and just file an I-865 for change of address...in my opinion.

Rene

Re: Green Card for a Family Member
 

SInce the visa you are talking about exists for the purpose of family reunification, your dad had to move to the USA either on the same day or before you, as has been mentioned already.

What is your work situation? Is a company transfer to a US-based operation within the company a possibility?

Re: Green Card for a Family Member
 

Good question. When I entered with my IR-1 on December I was asked where my husband was right at that moment. I said he was (hopefully) waiting for me in arrivals. No one has checked up on whether I am living with him or if he is in the country. Could he have left the country the next day after I arrived? Possibly, I suppose.

What would happen in the case where a sponsor is sent overseas because of his job? I assume the I-864 would still apply even overseas but could he be stopped from leaving the country?

Re: Green Card for a Family Member
 

No idea about what would happen if sent for work. The sponsor wouldn't be stopped leaving as there aren't exit controls.

Re: Green Card for a Family Member
 

There have been plenty of US military USCs who left their foreign spouses in the USA while they had to go overseas on assignment. No problem.

Rene

Re: Green Card for a Family Member
 

Military and government workers are "protected" in that respect. Because they have no choice and are on government orders. I'm referring to someone who works for an international bank or oil company or something who is sent off-shore. It's not government orders and he has a choice, so to speak, in that he can resign and look for another job. Our joint sponsor is a driller in a mine and the company sends them to drill all over the place, wherever there are things to be mined.