haircutters

Hi out there,
I am USC with dual citizenship (US and Ireland), I am now resident in N. Ireland (UK) for past 5 years. Myself (male) and partner (female) are together for 3 years. My partner's decree absolute came through May 07, my absolute will be through Oct. 07. We wish to move to N. Carolina, have been researching into homes/ jobs etc. We plan to get married as soon as absolute arrives, we think getting married in UK and then applying for a spouse (I-130) form at London Embassy is the best and quickest route to take. We believe this process takes around 4-6 months (anyone with latest updates?), We hope to be stateside for Jan - March 08 ???. Does this sound about right?
Last question for now, my partner has 2 children from her previous marriage, age 11 - 18, we think we add there names to I-130 form, is this all we need to do for the children's visas?
Thanking you in advance, (for any helpfull advice given).
Paul

Noorah101

Yes, I believe so.

I'm not sure about this one, but just want to mention that you should go ahead and get written proof that the children's father approves of them moving overseas.

Best Wishes,
Rene

Elvira

I think 8-10 months is probably a more realistic timeline.

Does your partner have permission from the 11-year-old's father to move to the US.

I may be wrong but I thought separate petitions need to be filed for the children - they would be your step-children. Not sure about the adult child, whether the cut-off point is age 18 or 21. Have you read the instructions at the USCIS website?

Noorah101

I think DCF is quicker than this. This sounds like the time frame for filing the I-130 in the USA.

Rene

haircutters

That was quick. Good to know some of our info seems to be correct. As regards my partners 11 year old child, she has full custody from the court and their father stopped contact. Getting written permission could prove difficult, would trying to regain contact be really necessary?

meauxna

Paul, you should *really* consult with a family-based US immigration attorney regarding the older child.
Each person coming as an *immigrant* needs their own visa (and their own petition)--these are the visas available via the I-130-filed-in-London route.
However, there are age limits for creating the 'child' relationship required for you to be eligible to sponsor them.

There is a non-immigrant visa that the children can hitchike off their mother from (K-3 & K-4) that MAY offer a way for the family to stay together, but I am not familiar enough with the procedure to say it's thus and so.

I certainly encourage you to do MORE research, and consult an attorney (in the US via email is OK) before you file anything.

You should also do some research now on domicile, the I-864 and how you plan to financially sponsor the family.

JAJ

Have you thought about getting your British citizenship before you leave the United Kingdom?

Rete

No one has touched on the fact that you will have difficulties getting a visa for the 18 year old. You need to have married your partner before the child's 18th birthday for him to be eligible to obtain a visa based on your marriage to his mother.

Please check it out with an immigration attorney.

meauxna

Um, I hinted about it.

Rete

I saw the age limit response but I wanted him aware of the fact that the marriage has had to occur before the child's 18th birthday for him to be included as a "step" child.

Since the brain is foggy and older than dirt these days, it would be very beneficial for him and his intended to consult with an immigration attorney before proceeding.

scrubbedexpat099

My first assumption is that the 18 year old will not be going, well anytime soon.

So the question arises if this as a deal breaker. Could try for a Student Visa but might be a bit of an ask.

I would go with the Lawyer route, set out our priorities and see what our options are.

Also wondering what British Citizenship would give you in addition to Irish.

Elvira

Definitely.

But the OP seems to have vanished...



.

haircutters

Cheers for all of the above. Will check in more regular, ya know how it is, lots to read up on.....Re-checked I-130 instruction sheet, who can file and who can't, looks like my error was future 'stepchild' not unmarried child under 21 years, we will now look into K3 - K4 as mentioned above. We will consult immigration lawyer shortly.
Can you get police certificate and medical done prior to filing? (believe they have expirey date of 1 year) Would you recommend this to save time? Will these checks only needed to be done for my future wife and children?
Thanks once again for your help.

Noorah101

You can get the police certificate done ahead of time, takes about 45 days. You can't get the medical done until you receive word from the embassy to do so.

I believe they also do a check on the USC.

Rene

meauxna

Understand that this is going to set your timeline out considerably.

No point in rushing on the medical (which you need Embassy permission to schedule anyway) or other visa details until you are clear on what you're doing and your proposed timeline.

Police certificate for immigrants; the USC's namecheck will be done internally when you file the I-130.