Forum Immigration USA

[HDavies87]

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!

[Cyrilexpat]

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.

[texkourgan]

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

Get a Green Card While Inside the United States

One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for immediate relatives of U.S. citizens, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.” The Department of State will notify you when you are eligible to apply for an immigrant visa. If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

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.

[commincator]

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