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UK to USA cat. F1

UK to USA cat. F1

Old Sep 8th 2002, 12:00 am
  #1  
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Question UK to USA cat. F1

Just found this site & hoping someone may be able to help.....

through my mum (us citizen but uk resident) I now have my approved petition, priority date of 6 june 2001. This petition is for me as 'unmarried son of us citizen'.

Question:

1. Should I be filling out more forms or do I now just wait, and if so does anyone have any idea of how long?

2. I now have a fiancee but we are unsure if getting married changes things? I get the impression it may slow the process but is there any other way of us both immigrating together?

3. I had permanent residence status for 8 years but left the USA 6 years ago - is there any way of going back with that card?

Thanx in advance!

John
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Old Sep 8th 2002, 1:45 pm
  #2  
Ingo Pakleppa
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Default Re: UK to USA cat. F1

On Sat, 07 Sep 2002 17:00:35 -0700, pumas wrote:


    > Just found this site & hoping someone may be able to help.....
    > through my mum (us citizen but uk resident) I now have my approved petition,
    > priority date of 6 june 2001. This petition is for me as 'unmarried son of us
    > citizen'.
    > Question:
    > 1. Should I be filling out more forms or do I now just wait, and if so does anyone
    > have any idea of how long?

You will probably have to wait. Two conditions need to be met: first, your priority
date needs to be current. It's tricky to predict how long that will take, but I
believe it has been stuck around 1999 for quite a while, and lately retrogressed to
around 1995 or so. It should go back to 1999 in October. So you will have to wait for
another couple of years (probably more than two years).

The second condition is that your mother must move back to the US, or at least take
steps towards that goal, when you apply for your own Green Card. US citizens living
abroad cannot sponsor immigrants; they must be "domiciled" in the US.

    > 2. I now have a fiancee but we are unsure if getting married changes things? I get
    > the impression it may slow the process but is there any other way of us both
    > immigrating together?

It would indeed probably slow the process a bit. Getting married would move you from
the Family 1st category to the Family 3rd category, with a different quota. Usually -
but not always - the wait is longer in Family 3rd.

Of course, you don't really get a choice. If you don't get married and stay in Family
1st category, you would get your Green Card faster, but you would then have to
sponsor your Fiancee in Family 2A category. This category has a fairly consistent
five-year backlog. While waiting, she may not be able to even travel to the US for a
visit (although this is usually not a problem for UK citizens).

    > 3. I had permanent residence status for 8 years but left the USA 6 years ago - is
    > there any way of going back with that card?

Most likely not. The only way to get it back would be to apply for a
returning-resident special immigrant visa. These are available without quota
restrictions, but in order to get one, you have to prove that you never intended to
give up your US residency. Generally, this type of visa would be used if you were
stranded on a desert island for six years.

In any case, such a visa would be available only for you, not for your fiancee - she
would again have to wait five years or so in Family 2A category.
 
Old Sep 8th 2002, 2:29 pm
  #3  
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Thread Starter
 
Joined: Sep 2002
Posts: 10
pumas is an unknown quantity at this point
Default Re: UK to USA cat. F1

Originally posted by Ingo Pakleppa:
On Sat, 07 Sep 2002 17:00:35 -0700, pumas wrote:


    > Just found this site & hoping someone may be able to help.....
    > through my mum (us citizen but uk resident) I now have my approved petition,
    > priority date of 6 june 2001. This petition is for me as 'unmarried son of us
    > citizen'.
    > Question:
    > 1. Should I be filling out more forms or do I now just wait, and if so does anyone
    > have any idea of how long?

You will probably have to wait. Two conditions need to be met: first, your priority
date needs to be current. It's tricky to predict how long that will take, but I
believe it has been stuck around 1999 for quite a while, and lately retrogressed to
around 1995 or so. It should go back to 1999 in October. So you will have to wait for
another couple of years (probably more than two years).

The second condition is that your mother must move back to the US, or at least take
steps towards that goal, when you apply for your own Green Card. US citizens living
abroad cannot sponsor immigrants; they must be "domiciled" in the US.

    > 2. I now have a fiancee but we are unsure if getting married changes things? I get
    > the impression it may slow the process but is there any other way of us both
    > immigrating together?

It would indeed probably slow the process a bit. Getting married would move you from
the Family 1st category to the Family 3rd category, with a different quota. Usually -
but not always - the wait is longer in Family 3rd.

Of course, you don't really get a choice. If you don't get married and stay in Family
1st category, you would get your Green Card faster, but you would then have to
sponsor your Fiancee in Family 2A category. This category has a fairly consistent
five-year backlog. While waiting, she may not be able to even travel to the US for a
visit (although this is usually not a problem for UK citizens).

    > 3. I had permanent residence status for 8 years but left the USA 6 years ago - is
    > there any way of going back with that card?

Most likely not. The only way to get it back would be to apply for a
returning-resident special immigrant visa. These are available without quota
restrictions, but in order to get one, you have to prove that you never intended to
give up your US residency. Generally, this type of visa would be used if you were
stranded on a desert island for six years.

In any case, such a visa would be available only for you, not for your fiancee - she
would again have to wait five years or so in Family 2A category.
Thanks, I think! Unfortunately, my mum has no intention of returning to US. Would my brother, LPR for 10 years be able to sponsor me?

With my previous green card: when I left the US, I never filled out any paperwork, just got on the plane! Do you think if I get back in on a tourist visa anyone would be any the wiser? I still have my social security card but I've physically lost my green card. Maybe I could just apply for a new one - if I haven't been registered as out of the US?!

Thanks!
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