USC living in the UK with British fiancé

[Ham150387 0]

Hello!

I am an American who has been working and living in London for three years on a UK tier 2 visa. My British boyfriend and I became engaged several months ago (yey!) and moving to America has always been a wish for us. We don't want to move for another year- year and a half but I've just started looking into the procedures and have some basic questions it would be great to have help with!

1- My fiancé and I plan on having two ceremonies for our respected families. If we plan on living in the UK for the near distant future is it better to have our legal ceremony in the UK and then apply for the spouse visa?

2- I've read that intent to move to the USA is a substitute for domicile, is this true? If so is it best to apply for the us visa soon after we're married, or should I wait until my employment in the USA is settled? I work for a us based company and transferring home is a real possibility, but I'd ideally not like to be without my fiancé for months and months while the visa processes. Ideally I'd want us to be able to enter the us together and for him to be able to work . Does this happen or is this a visa fairy tale?

3- Does hiring a visa lawyer make the process much easier?

I thought the uk visa process was daunting but after reading pages and pages of info on the internet I think we're in for quite the journey to get him to the USA! Planning a wedding is stressful enought!!

Any advice would be appreciated!

Thanks!

[Ham150387 0]

I forgot to say we'd want to apply from the London embassy!

[lost_at_sea 995]

1. The fastest route to visa for you us to marry (anywhere) and apply direct with the embassy in London (process known as DCF) for a CR-1. See the link in my signature for more on that (read the whole thread after the guide - some stuff changed).

You probably just want to get married when you like (since you're in no hurry to move) then be starting the DCF process around 8 - 6 months in advance of when you want to move (London's page actually says 10, but most get through via DCF in 3-6 months).

2. Yes. Domicile is an issue (see the I-864 instructions), but showing you have intent to re-establish domicile will suffice. An accepted job offer in the US should do it (you don't need to have started - but paperwork showing it would be needed). Have you been filing your US taxes while abroad?

It's not a fairytale - DCF does give you the best chance for entering the USA together (and he'll be able to work straight-away as a CR-1 visa holder since he gets an instant green card). Your main issue will be satisfying the I-864 (completely doable).

3. Nope. Not unless you are unable to read and write. They can't speed it up and they'll basically just be filing out forms for you. If you have weird circumstances (convictions, US bans etc.) then you may consider hiring one, but otherwise, it's a very straight-forward process.

Have you looked at the I-864? You'll be needing to complete one, which requires either you or a joint sponsor to be financially responsible for the immigrant and to have a minimum US income or assets (i.e. money you'll have in the US after you move). This aspect can be a common hiccup for those abroad, which is why I mention it. You may decide you want to take a job transfer sooner, so that you gain the ability to be the sole sponsor for your husband-to-be.

HTH.

Edited December 27, 2013 by lost_at_sea