Husband in UK, what visa do we need

[schemara 0]

My husband (England) and I (U.S.) got married In January 2022. I live in the US and he lives in the UK. We would like to start the process for him to move here and be able to work here, as we know it will take a long time. 
 

What is the process? What visa should he apply for? How do I sponsor him? Is the green card a type of visa? Any info would be helpful. We kind of think we know some of this, but just want to make sure. Thanks! 
 

He also has 2 children, but so far they are not immigrating with him, though that may change in the future. I don’t know if that complicates the application. 
 

[SteveInBostonI130 3,468]

A good place to start is to read the IR/CR1 spouse visa guide here on VJ

 

 

You will need to file an I-130 for your husband.  If and when you want to include his children, you will need to file an I-130 for each child.  It will be a similar process for the children as it is for your husband.

[TBoneTX 45,540]

Thread is moved from the K-3 Process forum to the CR-1 Process forum.

[Redro 4,611]

52 minutes ago, schemara said:

My husband (England) and I (U.S.) got married In January 2022. I live in the US and he lives in the UK. We would like to start the process for him to move here and be able to work here, as we know it will take a long time. 
 

What is the process? What visa should he apply for? How do I sponsor him? Is the green card a type of visa? Any info would be helpful. We kind of think we know some of this, but just want to make sure. Thanks! 
 

He also has 2 children, but so far they are not immigrating with him, though that may change in the future. I don’t know if that complicates the application. 
 

How old are the children? 

[pushbrk 12,979]

1 hour ago, Kor2USA said:

How old are the children? 

Important question.  Actually, what was their age the day of the marriage?  His children do not complicate HIS process, but if they DO decide to immigrate, they will follow the same process he does.  One process for each immigrant.

 

Only children who were under age 18 at the time of the marriage can immigrate as the US Citizen's "stepchildren".

[Wuozopo 4,293]

3 hours ago, schemara said:

How do I sponsor him? Is the green card a type of visa?

You sponsor by filing a petition (I-130) for him with the USCIS. https://www.uscis.gov/i-130
 

You sponsor him financially by providing an Affidavit of Support (I-864) and providing evidence that you earn enough income. https://www.uscis.gov/i-864

 

A greencard is not a visa. His visa will be a spouse visa.  IR1/CR1 is how it is referred to in these forums because the processes are identical.  IR1 is married more than 2 years at time of entry into the US with the visa. CR1 is married less than 2 years. A visa allows a person to enter the US. It is stuck inside his passport covering a whole page in the back.
 

Greencard is a commonly used word or slang term for a Permanent Resident Card. It shows he is a resident of the US and is entitled work, get a SSN, driver’s license, leave the country and return without going through ESTA or getting a visa. It is plastic, the size of a credit card, and is kept in his wallet as long as he remains a permanent resident. 

[schemara 0]

9 hours ago, pushbrk said:

Important question.  Actually, what was their age the day of the marriage?  His children do not complicate HIS process, but if they DO decide to immigrate, they will follow the same process he does.  One process for each immigrant.

 

Only children who were under age 18 at the time of the marriage can immigrate as the US Citizen's "stepchildren".

They were 9 and 12 at the time of our marriage, so they should be good to immigrate if they decide to, yes? 

[schemara 0]

8 hours ago, Wuozopo said:

You sponsor by filing a petition (I-130) for him with the USCIS. https://www.uscis.gov/i-130
 

You sponsor him financially by providing an Affidavit of Support (I-864) and providing evidence that you earn enough income. https://www.uscis.gov/i-864

 

A greencard is not a visa. His visa will be a spouse visa.  IR1/CR1 is how it is referred to in these forums because the processes are identical.  IR1 is married more than 2 years at time of entry into the US with the visa. CR1 is married less than 2 years. A visa allows a person to enter the US. It is stuck inside his passport covering a whole page in the back.
 

Greencard is a commonly used word or slang term for a Permanent Resident Card. It shows he is a resident of the US and is entitled work, get a SSN, driver’s license, leave the country and return without going through ESTA or getting a visa. It is plastic, the size of a credit card, and is kept in his wallet as long as he remains a permanent resident. 

So can he apply for a permanent resident card at the same time as his visa? 

[schemara 0]

8 hours ago, Wuozopo said:

You sponsor by filing a petition (I-130) for him with the USCIS. https://www.uscis.gov/i-130
 

You sponsor him financially by providing an Affidavit of Support (I-864) and providing evidence that you earn enough income. https://www.uscis.gov/i-864

 

A greencard is not a visa. His visa will be a spouse visa.  IR1/CR1 is how it is referred to in these forums because the processes are identical.  IR1 is married more than 2 years at time of entry into the US with the visa. CR1 is married less than 2 years. A visa allows a person to enter the US. It is stuck inside his passport covering a whole page in the back.
 

Greencard is a commonly used word or slang term for a Permanent Resident Card. It shows he is a resident of the US and is entitled work, get a SSN, driver’s license, leave the country and return without going through ESTA or getting a visa. It is plastic, the size of a credit card, and is kept in his wallet as long as he remains a permanent resident. 

So maybe we are looking for the wrong thing. He would like to be able to come here and work here (or work his current job from here) most of the time and also be able to freely go back to see his kids. We were thinking he would need to apply for a green card for that. Is that not the case? 

[Redro 4,611]

17 minutes ago, schemara said:

So can he apply for a permanent resident card at the same time as his visa? 

Read the guide @SteveInBostonI130 posted above.

It outlines the steps.  

You can also read this to understand the process.

https://uk.usembassy.gov/visas/family-immigration/

Edited March 4, 2022 by Kor2USA

[SteveInBostonI130 3,468]

31 minutes ago, schemara said:

So maybe we are looking for the wrong thing. He would like to be able to come here and work here (or work his current job from here) most of the time and also be able to freely go back to see his kids. We were thinking he would need to apply for a green card for that. Is that not the case? 

 

IR1/CR1 spouse visa.  Please read the guide.

[Crazy Cat 41,981]

51 minutes ago, schemara said:

So can he apply for a permanent resident card at the same time as his visa? 

When a spousal visa holder enters the US, he/she immediately becomes a legal resident (Green Card holder).  

[schemara 0]

Thanks! 

[JeanneAdil 6,562]

2 hours ago, schemara said:

So maybe we are looking for the wrong thing. He would like to be able to come here and work here (or work his current job from here) most of the time and also be able to freely go back to see his kids. We were thinking he would need to apply for a green card for that. Is that not the case? 

spouse visa gives him a I 551 stamp at the POE which acts as green card till the actual card comes in the mail

[Wuozopo 4,293]

7 hours ago, schemara said:

So can he apply for a permanent resident card at the same time as his visa? 

 

7 hours ago, schemara said:

So maybe we are looking for the wrong thing. He would like to be able to come here and work here (or work his current job from here) most of the time and also be able to freely go back to see his kids. We were thinking he would need to apply for a green card for that. Is that not the case? 

I think you have the answer now, but will reply since you tagged me.

 

His spouse visa is a step to getting a Permanent Resident status in the US (greencard). Then he can do just about anything a citizen can do but vote, be president, or hold some government jobs.

1. You petition to see if you meet the qualifications to bring an immigrant over. When approved, he
2. Applies online for for a CR1 spouse visa. He is checked to make sure he qualifies to be a PR.
3. He eventually goes to an interview in London where he is hopefully approved for his spouse visa.
4. When he enters the US on his visa, he is granted PR status right there at the airport immigration area. His passport is stamped showing he has greencard PR status.The actual greencard will come in the mail soon after.

There are many forms and documents and fees which each step, and a lot of waiting.  I hope you have taken time to read the guides all have suggested. https://www.visajourney.com/guides/ir1-spouse-visa/  This will give you a good overview and then you can start preparing your petition (1st step).  It does become easier to understand as you dive in and start working on it.