Petitioning Mother of Naturalized Citizen to the US while stationed in the United Kingdom

[Timyon 0]

Hello

My wife and I recently moved to Plymouth United Kingdom on military PCS orders for a 3yr tour. She became a naturalized US Citizen in June, we have completed the I-130 but really unsure on the application on where to put or indicate that we are now living in the UK and how to file and have the case handled by the US Embassy in London.

Will I need to fill out and affidavit of support?

Also another question is that her mom was never formally married to her dad, my wife has her dad and her moms last name but her parents were only common law married. Her father also passed away in 2012, so any advice on how to handle that would be appreciated. I would assume if they were never married then no need to list him on the application but unexperienced with this matter.

Thanks V/r Tim

[Boiler 43,397]

Takes about a year but you can slow the process down, I would look at filing in say 18 months.

[aaron2020 11,651]

Hi,

The common law marriage is not an issue. List mom as never married.

Family based immigration is about family reunification , the law requires your wife to have a U.S. domicile in order for her mom to receive an immigrant visa. Your wife living abroad will affect her mom's eligibility for a visa. The law does not allow the U.S. Embassy to issue a visa to a potential immigrant when the petitioner lives abroad with no intent to reestablish a U.S. domicile. Wait about 12-18 months before your wife intends to return to the U.S. to file the I-130.

At the NVC stage, your wife will need to file the affidavit of support.

Edited August 12, 2015 by aaron2020

[Timyon 0]

1. Thanks aaron2020, I recall being station around a lot of US Navy when they were in Yokosuka Japan and if memory serves me correctly they were somehow able to get around the not living in the US as long as they were there on Military orders.

Another thing worth mentioning is my wife is also a UK citizen prior to gaining her US citizenship just before we came here but since she has no income we really didn't even want to bring that up we wanted to bring her to the UK but under US rules and regulations.

[Timyon 0]

Hi,

The common law marriage is not an issue. List mom as never married.

Family based immigration is about family reunification , the law requires your wife to have a U.S. domicile in order for her mom to receive an immigrant visa. Your wife living abroad will affect her mom's eligibility for a visa. The law does not allow the U.S. Embassy to issue a visa to a potential immigrant when the petitioner lives abroad with no intent to reestablish a U.S. domicile. Wait about 12-18 months before your wife intends to return to the U.S. to file the I-130.

At the NVC stage, your wife will need to file the affidavit of support.

1. Thanks aaron2020, I recall being station around a lot of US Navy when they were in Yokosuka Japan and if memory serves me correctly they were somehow able to get around the not living in the US as long as they were there on Military orders, definitely for spouses but not sure about parents.
2. Another thing worth mentioning is my wife is also a UK citizen prior to gaining her US citizenship just before we came here but since she has no income we really didn't even want to bring that up we wanted to bring her to the UK but under US rules and regulations

[Boiler 43,397]

She is a UK Citizen so she would enter with her British Passport.