Complex Case - Married USC and Dual AU/UK Citizen

[complex_confused 0]

Hi All

I'm hoping someone may be able to help me. I have been reading for a few months now about our options, and our case is more complex than some and therefore potentially more difficult.

My husband (USC) has spent the last 10 years or so (minus a few months) out of the US with residency in the UK and Australia.

I am a dual citizen AU and UK and have lived in both countries. I have also lived previously in the USA when I was 14 but I don't know what visa that was on.

My understanding is that DCF is not an option in Australia, however it is in London. We would like to go back to London for a year or two and then try the US for a year or two before working out where to settle down.

If we were to gain residency in the UK for my husband (via a spouse option) would there be anything stopping us applying (after 6 months residency in the UK) for a spouse visa for myself in the USA via DCF?

Also, how do we ensure we can provide the support/money part? Should we ensure we have 80Kish in the bank before applying to be sure?

Any help at all is really appreciated.

Gem

[Penguin_ie 5,994]

Your plan for DCF is fine, no problem there.

The financial sponsorship can be achieved in a few ways:

- sponsoring on assets, like you said

- Your husband arranging for a job in the US and move a few weeks before the interview, then send you paystubs

- A US based co-sponsor.

BTW, has your husband filed US taxes? The IRS requires that all US citizens, even if living abroad, file them.

[Nich-Nick 3,354]

The getting your husband residency in the UK is the potential problem. Check the new spouse visa requirements for support. There is a certain level of income you must be earning in the UK or cash before he can move there. There is no joint sponsor allowed for a UK move.

And your plan to try the US "for a year or two"... Keep in mind that your US greencard can be revoked if you don't live in the US. So you might have to start over with a US spouse visa if you left for a few years then decided you wanted to move back the US. Read up on how to maintain your permanent residency. You would be eligible for US citizenship after 3 years in the US on a greencard. Then you could move back at will as a citizen.

[Boiler 45,661]

How are you going to meet the UK requirements?

[Kiwinyc 62]

the UK requirements for returning with a non-UK spouse as a permanent resident are more stringent that the US these days, but if your residence in the UK is intended to be temporary and your husband doesn't need to work perhaps he could enter as a visitor and maintain that status for the time it takes to file etc.

[Nich-Nick 3,354]

Visitors can't do DCF. Husband has to legitimately reside in the UK to file a petition at the USCIS office in London.

The USCIS Field Office London will only accept I-130 petitions from United States Citizens and Lawful Permanent Residents who are resident in the United Kingdom. United States citizens whose principal residence is not in the United Kingdom, and/or who entered the United Kingdom as a tourist visitor must file the petition with the Chicago Lock Box. (London website)

[complex_confused 0]

Thank you everyone for your responses.

Yes, my husband has always filed his US taxes the entire time he has been abroad - I know because he's always whinging about it LOL.

Having savings for the UK requirements shouldn't be too hard to do as we are both high earners. Ideally one of us would get a job before we move as we both have contacts there and good reputations in our field.

I hadn't realised that you need to reside in the US for 3 years in order to get citizenship - that's worth considering staying just to give us the flexibility.

You've given me a lot to think about, thanks again

[Boiler 45,661]

Ideally one of us would get a job before we move as we both have contacts there and good reputations in our field.

A UK work visa would certainly simplify matters, but then a US one might be a easier bet as well.