swilt170571

Hello

Im planning on marrying an American next year and we will live in UK for a few years before moving back to America (Im british)

My question is can my son come with me currently hes 12 could he come without issue under age of 18 and stay? What happens if I don tdecide to move until hes after 18?

Thanks in advance for help.

Pulaski

The biggest question and potential stumbling block relates to your son's other parent, who will likely have to approve him being removed from the UK, and may be able to prevent it happening. You can request a court order if the other parent won't willingly consent, but there is no certainty that a court order would be granted.

Assuming you can get his other parent to approve, getting a derivative visa linked to yours is a formality, at least until he reaches the age of 18. After that point he would need his own visa, e.g.F-1 for a student, and/or you get into the murky matter of sponsoring an adult child for a green card, which takes a number of years, and changes if he gets married in the mean time.

swilt170571

Thanks Pulaski,

Lets assume I still live here until he's 18.

I then move over to America. What I think you are saying for him to come with me he would have to apply for a F-1 Student Visa and go to college in America.

What happens after he finishes college though, could he still live with me or is it a host of more forms?

Thanks in advance

Noorah101

A lot would depend on your status in the USA at the time he wants to immigrate (I.e. are you still a PR, or are you a USC by that time). Would also depend on his marital status at the time. It will depend on the backlog in whatever visa category he falls into.

Do a Google search for "visa bulletin" to see current visa categories and backlog dates.

Rene

swilt170571

Thanks Noorah101, life isnt simple is it! Im hoping I would still be married to a USA citizen in a few years time enjoying the california sun away from dreary England. And I want my best friend, my son with me not a lot to ask for :-( (although by the time hes 18 and found women, beer and everything else I may be forgotten !

Pulaski

Noorah has already covered some of it, but there are multiple overlapping scenarios. If you don't become a US permanent resident until your son reaches 18, you couldn't become a citizen (based on marriage to a USC) for 3 years, and so couldn't petition for permanent residence for your son until he is at least 21.

If your son is granted an F-1 student visa he would at most get a visa for the duration of his degree "plus one year" for work experience, then he would be on his own looking for a work visa until your petition for his permanent residence became current, and if per the paragraph above, you only became a citizen when he was 21 there would be a substantial gap during which he would have to try to find a work visa on his own merits.

Based on what you posted earlier I was thinking that you were planning on becoming a US PR next year, then you'd become a USC when your son is 15, and would be able to file for permanent residence for him much sooner. I don't know if you can file for a minor child under the family preference category (hopefully someone else can advise on that point), or if you have to wait until he reaches 18, but if you became a USC when your son is 18 he'd be able to get permanent residence within a few years of his F-1 visa expiring, or IF you can apply for him before his 18th birthday, even sooner.

sir_eccles

Is there a particular reason why you want to wait until he is 18 before you move to the US? You seem to have no objection to him studying at a US college. It would seem to be infinitely easier to move while he is still a minor.

penguinsix

One other point to mention is the tremendous financial implications of the three years prior to university (note: in the US 'college' and 'university' are the same thing). To get the "in state" tuition rates at public universities in the US, you generally need to be residing in that state for 3 years. I believe the UK also has a 3-year residency requirement prior to entering university or else you have to pay 'foreign student' fees, which are significant.

If he is only 12, you can marry, get your permanent residence, and then start the 3-year clock for citizenship. Once a citizen, you can apply for him to get permanent residence. That really sounds like the easiest option to me.

sir_eccles

I'm confused why the OP needs to wait until they have citizenship?

OP marries USC now
USC petitions for spouse and minor child for CR1 visas (or IR1 if they hang around for 2 years in the UK)
USC, spouse and minor child enter US
Spouse and minor child get greencards

What am I missing?

penguinsix

Oops, got confused with my own case of a parent not a child. I think there is a way to bring a step-child (I'm assuming the USC is not the husband) on a CR1 (or would it be a CR2?), but I'll defer to others who might have more experience with that.

Pulaski

My point that the child's other parent might not agree to allow him to emigrate, which the OP appeared to agree that it might be an issue. In which case waiting until the child is 18 becomes the only, or at least the next best alternative.

JAJ

Usually it's possible to get a court order before age 18, if that becomes an issue. The courts usually listen to the views of teenagers, although it tends to be fact and jurisdiction dependent. And as far as I am aware, in the U.K., once children reach age 16 they can legally decide for themselves.

Pulaski

Agreed "usually", but not necessarily. I only intended the OP to be aware of the issue, and the possible outcomes.

swilt170571

Thanks guys and girls for all your responses. At the moment I am just trying to get awareness for various situations I dont have anything in concrete.
My plan is to be married later next month or early next year in America to my USC Girlffriend and then she will move to England later next year. This way it gives us time to start the ball rolling to get the documentation she needs to move to England and Work.

In terms of moving back to USA that is totally open based on various things really
1) can she settle here looking out of the window now no she has been many many times so knows what to expect, England is not California! lol
2) jobs at the time
3) my children next year they will be 13 and a daughter of 15. I dont really want to go to America until my daughter is at least at University age. she would not go to America anyway but she would be happy to fly in holidays and i would fly back etc.

I would love to get my son over there before he was to old into school system as he is good at so many sports (not just me saying it as his parent) he may get a scholarship into college to save me some money :-)

However time will tell on all of this..