How can my family move to the USA? (Should be easy!)

[Folie 1]

Hi there!

 

So, my parents want to move from England, where we all live and are citizens, to the United States, which where none of us have ever lived, BUT my FATHER is an American citizen, by virtue of HIS father being an American (who moved to the UK after the war)

 

I don't think it'll be that hard for my (18 y/o) little brother to move out there as he's the son of a citizen, but do any of you guys know the easiest/best way for my mother (who has been married to my US-citizen father for over 20 years) to get out there! - she was looking at green cards but she said that a lot of that stuff was for people planning to get married, or who were just married which isn't exactly right for them and she was wondering if there's an easier way to do it since her husband's a citizen and they've been married for so long?

 

Also, a tip for the best way for my little brother to get out there would be hugely appreciated also! - I'm staying in Europe myself

 

Someone suggested an IR-1 visa for my mom but further reading seems to suggest that this is for immediate relatives of RESIDENTS

[Roel 7,191]

Your father needs to establish domicile in the US and show that he filed US taxes (that he should, as US citizen). Then he can sponsor your mother for cr1 Visa. Process will take about 12 to 14 months. Its "easy" but not fast. 

 

Also if your father never lived in the US then I dont think he was able to pass citizenship for his kids. I vaguely remember some years requirements. 

[Georgia16 2,858]

There is DCF in England which will be the fastest for them since they are both living there now. 

[Roel 7,191]

6 minutes ago, Georgia16 said:

There is DCF in England which will be the fastest for them since they are both living there now. 

I need to stop forgetting that DCF exist lol. 

[NikLR 13,220]

Your mom is an immediate relative of your father who is a USC.  

 

Roel is right that your father will need to back file any taxes.  He will need INTENT to establish domicile. 

 

But your father should be able pass citizenship onto your younger brother if theu are living in the USA and your brother has a green card.

 

Dcf is available for your mom and brother. 

 

[NikLR 13,220]

~~moved from K3 to DCF as this is the best route for the OPs family~~

[Georgia16 2,858]

10 minutes ago, Roel said:

I need to stop forgetting that DCF exist lol. 

Haha, that's okay it's not in all countries so that makes it harder to remember when it is available! 

[geowrian 22,335]

17 minutes ago, Georgia16 said:

Haha, that's okay it's not in all countries so that makes it harder to remember when it is available! 

Won't be an issue remember it soon since they're closing all the USCIS offices abroad by the end of the year (supposedly...no official word has been posted yet).

[Georgia16 2,858]

12 minutes ago, geowrian said:

Won't be an issue remember it soon since they're closing all the USCIS offices abroad by the end of the year (supposedly...no official word has been posted yet).

Yeah, I a bit surprised when I read that. Do you know why?

[geowrian 22,335]

10 hours ago, Georgia16 said:

Yeah, I a bit surprised when I read that. Do you know why?

The claim is that they are consolidating all workloads and staff in the US, which should help processing timelines across the board.

There is suspicion that they are doing it to try to help get through the backlog of asylum applications. I'm not sure I entirely buy that as it's a major and costly decision for a temporary problem, but it's out there.

Edited March 22, 2019 by geowrian

[Georgia16 2,858]

5 minutes ago, geowrian said:

The claim is that they are consolidating all workloads and staff in the US, which should help processing timelines across the board.

There is suspicion that they are ding it to try to help get through the backlog of asylum applications. I'm not sure I entirely buy that as it's a major and costly decision for a temporary problem, but it's out there.

Well, they are definitely getting more and more backlogged with a lot of things so I guess we shall see if it will work. I doubt it though.

 

[Ontarkie 13,915]

I don't know how it worked years ago, but did your grandfather ever register your father's birth? Did he ever get a US passport? That is something to look into before anything else. 

[Folie 1]

5 minutes ago, Ontarkie said:

I don't know how it worked years ago, but did your grandfather ever register your father's birth? Did he ever get a US passport? That is something to look into before anything else. 

Hi!

Yes he did, thankfully (or, as I understand, my dad took his dad to the US Embassy here in London)

 

I don't think my dad has a social security number, but he does has a US passport (he's had multiple) and travels one a year or so to the US on vacation

[Georgia16 2,858]

6 minutes ago, Folie said:

Hi!

Yes he did, thankfully (or, as I understand, my dad took his dad to the US Embassy here in London)

 

I don't think my dad has a social security number, but he does has a US passport (he's had multiple) and travels one a year or so to the US on vacation

He have never lives here at all? 

He will definitely have to prove intent of domicile here and also a USC have to file US taxes no matter if they are here or not so he has to look at that ASAP so he can get that under control. 

[aaron2020 11,651]

This will not be easy.  

 

Your father as a US citizen can move to the US at anytime.

 

Your father will need to file at US tax returns for the last 3 years and establish a US domicile in order to petition for his family.

 

Your father's spouse and unmarried children under age 21 can be petitioned as Immediate Relatives.  This takes about a year.

 

It will take years for your father to petition for unmarried children over age 21 and married children; currently 7 and 13 respectively.

There is no easier way for being married to a US citizen for a long time.  Every US citizen who wants to bring a spouse over goes through the exact same process.  Your mother would be getting a green card.  That is the exactly right for them (your mother is wrong).  An IR-1 visa is the exact visa for your mom; the spouse of a US citizen.  

 

None of your father's children are US citizens because your father does not meet the 5 years US residency requirement to pass US citizenship to his children.  

Edited March 21, 2019 by aaron2020