UK > USA Spouse Visa, both Living in UK

[Aliciaftw 0]

Hello all,

 

I’m an American citizen living in the United Kingdom with my Scottish husband. We’re 28 and 30 and have been together for seven years. I’ve been here for school since 2015 and we were recently married back home in the states in December 2018.

 

We’re wanting to apply for his green card but are a bit overwhelmed with the amount information online & afraid of making a mistake. I’m hoping someone here might be able to help us.

 

1.) From what I understand, the green card process looks at our American income. Since we’re both living in the United Kingdom I believe it’s possible to cite a friend or relative as a financial sponsor?

 

2.) We’re both eager to move to the United States and feel like we’re in a bit of a limbo state. Are we stuck in the United Kingdom for another year as the visa is processed or is there a way to wait in the USA in the meantime? I saw that there is a Direct Consular Filing process that can be expedited but it looks as though it’s dangerous situations.

 

3.) Most of the information I’ve found online has related to couples residing in the USA already. Does anyone have advice on the consular process if 2.) isn’t possible?

 

Thank you everyone ahead of time & I plan to post follow-up questions depending on the answers I receive here. Cheers!

 

[Lil bear 3,831]

1 minute ago, Aliciaftw said:

Hello all,

 

I’m an American citizen living in the United Kingdom with my Scottish husband. We’re 28 and 30 and have been together for seven years. I’ve been here for school since 2015 and we were recently married back home in the states in December 2018.

 

We’re wanting to apply for his green card but are a bit overwhelmed with the amount information online & afraid of making a mistake. I’m hoping someone here might be able to help us.

 

1.) From what I understand, the green card process looks at our American income. Since we’re both living in the United Kingdom I believe it’s possible to cite a friend or relative as a financial sponsor?

 

2.) We’re both eager to move to the United States and feel like we’re in a bit of a limbo state. Are we stuck in the United Kingdom for another year as the visa is processed or is there a way to wait in the USA in the meantime? I saw that there is a Direct Consular Filing process that can be expedited but it looks as though it’s dangerous situations.

 

3.) Most of the information I’ve found online has related to couples residing in the USA already. Does anyone have advice on the consular process if 2.) isn’t possible?

 

Thank you everyone ahead of time & I plan to post follow-up questions depending on the answers I receive here. Cheers!

 

UK is still offering DCF for cases where both USC and the spouse are legally residing in the UK. Other countries only offer it in exceptional circumstances. As the overseas offices that deal with immigration are being closed down , DCF will discontinued   in the next year or so. 

DCF is much faster.. you will need a joint sponsor .. go for it now !! Otherwise you will need to do the  Consular processing which will take 12 months. Your douse remains living outside the US until the process is completed. 

[Aliciaftw 0]

2 minutes ago, Lil bear said:

UK is still offering DCF for cases where both USC and the spouse are legally residing in the UK. Other countries only offer it in exceptional circumstances. As the overseas offices that deal with immigration are being closed down , DCF will discontinued   in the next year or so. 

 DCF is much faster.. you will need a joint sponsor .. go for it now !! Otherwise you will need to do the  Consular processing which will take 12 months. Your douse remains living outside the US until the process is completed. 

Oh my gosh, I didn't know there were differences depending on the country you're in! Thank you so much. I'm looking into this now. 

[geowrian 22,335]

Yes, please look into DCF. It will take months instead of a year or so.

The petitioner is only required to be living abroad for DCF until the I-130 is filed. At that point, he can return to the US to establish domicile and/or income for sponsorship. Sponsorship via assets are also possible.

Otherwise you will need a joint sponsor.

[USS_Voyager 1,971]

9 minutes ago, Aliciaftw said:

1.) From what I understand, the green card process looks at our American income. Since we’re both living in the United Kingdom I believe it’s possible to cite a friend or relative as a financial sponsor?

Actually anyone can be a sponsor.However, it is much more than "citing" them. The person who signs to be your financial sponsor is legally obligated to provide financial support to your husband should you two cannot support yourself, so that he will not be relying on the US Government to provide for him in the form of public benefits such as food stamps, welfare, ... that sort of thing (as a side note, you're a US citizen so you can avail any public benefits available to you, just not him). It is a legally enforceable contract that the sponsor has to sign with the US Government. To make it more interesting, divorce does NOT let one's out of that obligation. That obligation only ends when:  he dies, he becomes a US citizen, he works enough in the US to earn 40 credits towards Social Security, or he abandon his green card and leave the US. 

 

11 minutes ago, Lil bear said:

2.) We’re both eager to move to the United States and feel like we’re in a bit of a limbo state. Are we stuck in the United Kingdom for another year as the visa is processed or is there a way to wait in the USA in the meantime? I saw that there is a Direct Consular Filing process that can be expedited but it looks as though it’s dangerous situations.

It's not dangerous. DCF is a great way if it's available to you. The normal process is the US citizen has to file a I-130 petition to a USCIS Office of where they live. It will take 6-10 months for that to be approved, then it goes to the NVC, where more documents are needed which take another 2-4 months, before an interview is scheduled at an Embassy oversea where the beneficiary lives. With DCF, you submit the I-130 directly to London, where it will be adjudicated in days or weeks, not the 6-10 months, then it goes directly to the Embassy. The requirement for DCF is both of you have to live in the same jurisdiction oversea, which you do. Go to the link on the Guides on the top of this page and start reading. 

 

16 minutes ago, Lil bear said:

3.) Most of the information I’ve found online has related to couples residing in the USA already. Does anyone have advice on the consular process if 2.) isn’t possible?

People do that all the time. In fact probably more people do that than Adjust status in the US. 

[USS_Voyager 1,971]

14 minutes ago, Aliciaftw said:

I'm looking into this now. 

https://www.visajourney.com/content/dcf/

[Crazy Cat 39,218]

25 minutes ago, Aliciaftw said:

is there a way to wait in the USA in the meantime?

No.......other than short visits during the process........which are perfectly legal.