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✎ EN USa and UK married - can we move to USA?

Discussion in 'Immigration USA' started by HDavies87, Jul 28, 2012.

  1. HDavies87

    HDavies87 New Member

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    Nationality:
    American (US)
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    Hello everyone. I am really hoping for some advice to see if what my partner and I would like to do is feasible, and would appreciate any input that helps point us in the right direction.

    I am female and an American citizen (natural born), my partner is male and a natural born UK citizen. We married in May 2007 and I moved to the UK in October 2007 under a 2 year spouse visa. I since have received indefinite leave to remain, and we each have work and a home together here in England.

    However, we have talked more and more over the past year or so about moving to the USA. As our financial situation is not ideal (but who does have an ideal financial situation now?) we need to plan for this, and I know immigration laws change constantly. I was just hoping for some information on if this is something we can even think about doing in the future.

    From what I can gather, I will need to fill in form I-130. Because we are both living in the UK at present, do I need to move back to the USA and find a property before we can fill in this form? Unfortunately, I can not see a time where we will be in a position to hold our residence in the UK and also a place in the USA. Anyone with any input would be of a great help!
     
  2. usimmigrationlawyer

    usimmigrationlawyer New Member

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    You can sponsor your husband for a green card to return to the United States. Generally, you need to be domiciled in the US before you can sponsor someone. However, if you can't since you have been away for some time, you can provide evidence that you intend to return to the US once his petition is approved.

    Cedric Shen, Esq.
     
  3. texkourgan

    texkourgan Addicted member
    Networker Editor

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    Our article on "Obtaining a Visa to Live, Study and Work in: the United States of America" covers some of the particulars of applying for a visa in the USA.

    It appears you will need to apply for Green Card for an Immediate Relative of a U.S. Citizen (Spouse). Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories. Along with our guides and sections on visas, I would recommend the USCIS - http://www.uscis.gov/portal/site/uscis/ ... 2ca60aRCRD

    Hopefully that helps clarify some of the steps to apply, but does anyone have personal stories to share? You might also try contacting expats that have already made the move through the network (available once you have made a few posts to prevent spam) or in the expat blogs in the USA.
     
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  4. commincator

    commincator New Member

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    Yes the Immediate relatives have specially priority and they will be very helpful to complete the process in much better and easy way.The information provided in the last post described the procedure in a better fashion.


    Get a Green Card While Outside the United States.
    Read this one.


    significant investment visa
     
  5. texkourgan

    texkourgan Addicted member
    Networker Editor

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    As it has been a bit of time since you first posted, I wanted to check in and see what steps you have taken. How is the process going? Were you able to secure a visa? :confused:

    I also wanted to point you to our series "The Move to America" that follows a British woman preparing to move to the US to live with her American husband. She is covering networking, insurance, and more.

    We also recently updated the forums to start some new conversations. Perhaps you could post in Getting Married in the USA about your experience to help others in a similar situation.

    Best of luck! :D
     
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  6. mpmhawkins

    mpmhawkins New Member

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    Hello! I hope you have managed to find the information you need? If you have any questions at all (I am the author of the blog The Move to America) then I would be happy to help. My situation is slightly different to yours, but I do know there is a specific form you would need to use as you are currently residing outside of the US. The USCIS website will have the relevant info for you. You can still petition your spouse, but make sure you have the right paperwork first.
    Best of luck to you!
     
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