Questions on moving from the UK to US

[schemara 0]

Hello, I am a US citizen and my fiancé is a UK citizen. We each have two children. The plan was for us to get married in the UK this fall and then move there, but that’s now now going to happen due to some things we didn’t know about.

Now we are exploring the possibility of him moving here with his 2 children and we need some information about that.

Is it possible to bring his kids over here? What would we need from their other parent? How much would it cost? Would they get green cards or visas? Is there a difference?

How often would they have to re-apply to stay in the US, and at what point can they apply for citizenship?

Would their other parent have a pathway to a green card/citizenship through their children, and if so, after how long/under what circumstances?

Any help would be greatly appreciated. Thank you!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[SusieQQQ 11,586]

2 hours ago, schemara said:

Hello, I am a US citizen and my fiancé is a UK citizen. We each have two children. The plan was for us to get married in the UK this fall and then move there, but that’s now now going to happen due to some things we didn’t know about.

Now we are exploring the possibility of him moving here with his 2 children and we need some information about that.

Is it possible to bring his kids over here? What would we need from their other parent? How much would it cost? Would they get green cards or visas? Is there a difference?

How often would they have to re-apply to stay in the US, and at what point can they apply for citizenship?

Would their other parent have a pathway to a green card/citizenship through their children, and if so, after how long/under what circumstances?

Any help would be greatly appreciated. Thank you!

You would apply for immigrant visas separately for your then-spouse and each of his children (assuming they are still under 18 when you marry). You would need formal permission from the other parent allowing them to immigrate. Once they have all received those visas and enter the US on them, they become green card holders, aka lawful permanent residents. The “permanent” part of this means they do not have to reapply for permission to stay - as long as they don’t do anything criminal enough to get their green cards revoked they are good.

Your spouse, if married to you for 3 years, can become a citizen after that time, or 5 years if you divorce. If the children are under 18 when your husband naturalizes (and assuming they are living with him and he has at least joint legal custody), they will automatically become citizens at the same time. If they have turned 18 before your husband naturalizes they can naturalize on their own after 5 years. 
 

Once the children are citizens and reach 21 years old, then they can apply to sponsor their other parent.

[nastra30 2,288]

2 hours ago, schemara said:

Is it possible to bring his kids over here? - Yes

What would we need from their other parent? - The other parent's consent to allow her kids to move to the US. If she disagrees, then no they can't immigrate. The two parents will have to agree on this.

How much would it cost? -

I-130 petition = $535 × 3

NVC IV fee = $325 x 3

affidavit of support fee = $120 (if submitting at same time for all 3)

USCIS Immigrant fee = $220 x 3

Plane tickets = varies

Would they get green cards or visas? Is there a difference? - They'll get green cards. If marriage is less than 2 years, they'll get conditional green (CR) greencards to which they'll have to remove those conditions after 2 years; extra costs. Otherwise, they'll get 10 year greencards.

How often would they have to re-apply to stay in the US, and at what point can they apply for citizenship? -  CR1 green card valid for 2 years, IR1 greencard valid for 10 years. Their greencard can expire but not necessarily their LPR status. Spouse can become citizen after 3 years of marriage after migrating and living with you for that long. Kids under 18 will also get citizenship if spouse successfully naturalizes. 

Would their other parent have a pathway to a green card/citizenship through their children, and if so, after how long/under what circumstances? - Yes, once his kids are adults they can Petition him too, since you are not adopting the kids.

There are plenty guides on this site can help you understand the process. Just search for them. A couple below:

https://www.visajourney.com/guides/ir1-spouse-visa/

 

[SusieQQQ 11,586]

^ of course, I forgot about removal of conditions. Do the kids have to undergo that too?

 

Costs also include medicals - country dependent but usually a few hundred dollars per person. 

[HRQX 4,145]

1 hour ago, SusieQQQ said:

Do the kids have to undergo that too?

Yup. See INA 216(c)(1).

 

If they enter the US the same day or within 90 days thereafter of the CR-1 then the total ROC fee is currently $850 ($595 form fee + $85 OP's spouse biometric fee + $85 OP's stepchild #1 biometric fee + $85 OP's stepchild #2 biometric fee).

 

Otherwise, separate ROC petitions have to be filed in the following scenarios: https://www.uscis.gov/feecalculator

NOTE:  If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

Edited July 13, 2021 by HRQX

[SusieQQQ 11,586]

Ok so on costs, for spouse plus 2 kids based on current pricing:

- around $4k for all major required expenses leading to green cards (possibly more depending on medical costs)

- $850 for ROC - possibly more if they do not enter together as per above post 

- $725 for spouse naturalization, no extra charge if kids under 18 at the time and automatically become citizens p; but if not they each pay that too. 

Edited July 13, 2021 by SusieQQQ

[Ontarkie 14,279]

All the advice is if you get married first and then file. Marriage anywhere in the world as long as it is legal. 

 

A K1 for a fiance and K2 for the kids also an option more expensive but also is better if the kids are older as it allows up to 21. Then you would have adjustment of status dishing out more money(this is taking forever and a day) , can't work or travel out of the US for several months. The other parent may not like that idea as no visits.

 

And then ROC as posted above.