UK to US spouse visa query

[Mattmc1986 0]

Hi all,

 

I am hoping you can help me with the types of visas I need to apply for.

 

I am a US citizen living in the UK with my husband and daughter. Both my husband and daughter are UK citizens but we are looking at moving to the US during the course of the next year or so and wondered if you could help advise what forms and/or visa routes would be required for this? Would it be one or two individual I 130 forms and one or two IR 3 visas? (It’s worth noting that we have been married for just under 5 years).

 

Thank you in advance.

[Lucky2Lucky 2,526]

Did you file a CRBA for your daughter when she was born? If so then she's a US citizen. For your husband you would file the I130 and when your husband receives the visa it would be an IR1 since you have been married for more than 2 years- which means he would not have to remove conditions and the greencard would be valid for 10 years. You will eventually need to establish domicile in the USA (towards the end of the journey- so approx a year since you filed) and be able to financially support your husband. If you can't/your income isn't continuing in the US you would need to obtain a joint sponsor. Again - something you don't need to focus on today but should be in the back of your head for what's to come. 

https://www.uscis.gov/forms/explore-my-options/us-citizen-petition-for-a-spouse

https://www.uscis.gov/i-130

Edited November 10, 2020 by Luckycuds

[Melc 138]

2 hours ago, Luckycuds said:

You will eventually need to establish domicile in the USA

Just a quick note here that the London embassy doesn’t really ask any proof of domicile. 
 

The key part is assets or a joint sponsor for the affidavit of support. 

[Mattmc1986 0]

Thank you for your help and initial responses.

I just want to check we have the process correct. Please find our interpretation of the process below and advise if it’s right. 

For my spouse (IR1 visa)
A. File I130 or an I130a if I don’t meet the financial criteria 
B. File DS 261 and within a few weeks we’ll be notified it’s processed and pay the fees. 
C. File form DS 260
D. Obtain an interview and receive green card to US address 

In addition we have a few questions about the process. If anyone can shine any light on them or would be appreciated. 

-How long does it take to hear back on the I130 once’s submitted? 
-How much time do we have to get to US once visa is approved? 
-Can the visa holder have the financial support if spouse doesn’t meet minimum threshold?
-What has to be completed at the embassy? Can it be done at a consulate instead?
-My daughter is a UK citizen. What happens to this citizenship if we complete a CRBA and move abroad? 

Thank you in advance. 

[Chancy 6,241]

8 hours ago, Mattmc1986 said:

A. File I130 or an I130a if I don’t meet the financial criteria

 

For your spouse, I-130 and I-130A are both required, regardless of your (the petitioner's) financial capacity.

 

For an overview of the spouse visa process, please check the VJ guides using the link at the blue ribbon at the top of this page.

 

8 hours ago, Mattmc1986 said:

-How long does it take to hear back on the I130 once’s submitted? 
-How much time do we have to get to US once visa is approved? 
-Can the visa holder have the financial support if spouse doesn’t meet minimum threshold?
-What has to be completed at the embassy? Can it be done at a consulate instead?

 

Pre-COVID, estimate for IR1 visa process from petition filing up to visa on hand was 12 to 18 months.  After getting the visa, the immigrant typically has 6 months from the date of the medical exam to travel to the US.

 

If the petitioner's income is below the minimum threshold, submit proof of sufficient assets or get a qualified joint sponsor.

 

Immigrant visa applications of UK residents are processed only at the US embassy in London.  Cannot interview at the other US consulates in the UK.

 

[SusieQQQ 11,586]

9 hours ago, Mattmc1986 said:

My daughter is a UK citizen. What happens to this citizenship if we complete a CRBA and move abroad? 

Your daughter was either born a US citizen, or not. Please note that filing a CRBA (and getting a US passport for her) does not “make” your daughter a US citizen, it would simply be proof that she was already born one (assuming the preconditions for passing on citizenship at birth were met). The UK allows dual citizenship, so no problem there. If your daughter was not born a citizen then you would file an i130 for her too (but she would subsequently automatically become a citizen on entry to the US if under 18 and would be in your physical and legal custody in the US).

[SusieQQQ 11,586]

This is the information page for how to determine if your child is a citizen, and if so how to file a CRBA in London : https://uk.usembassy.gov/u-s-citizen-services/birth/

 

If she is a USC, you would get a US passport for her as well.  US citizens have to use US passports to enter and leave the US.