Visa options and does my husband need to move first

[Jessica A 2]

Hi!

 

I applied for a sibling visa (my sister is married to an American and she is now also an American) both my parents now live there too due to chain migration

 

my my application went in in early 2018 and I have no idea how long a. Wait that is

 

ironically I met and fell in love with (in the UK) an American born abroad.

hes never lived in the USA. Been there yes, family still there yes, lived there no. 
 

I need to figure a few things out, is it better to wait for the sibling visa - and who knows how long that would take.

 

or should he go the spousal route? We would have been married for two years by this point (as won’t be doing anything this year!) but would my hubby have to already go across and be living and working in the US for us to explore the spousal visa?

 

long term we do want to move to the US, he’d like to say he’s lived there and I want to be near my family. 
 

im assuming he’d need to move first though and then we would be separated but waiting for the sibling visa while that would take (MUCH?) longer we wouldn’t need to be apart?

 

surely someone has faced this before and can shed some light into either option?

 

thank you!!! 

[Dashinka 23,252]

46 minutes ago, Jessica A said:

Hi!

 

I applied for a sibling visa (my sister is married to an American and she is now also an American) both my parents now live there too due to chain migration

 

my my application went in in early 2018 and I have no idea how long a. Wait that is

 

ironically I met and fell in love with (in the UK) an American born abroad.

hes never lived in the USA. Been there yes, family still there yes, lived there no. 
 

I need to figure a few things out, is it better to wait for the sibling visa - and who knows how long that would take.

Sibling visas (F4) are taking 20+ years so you have a long wait for that.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-april-2024.html

46 minutes ago, Jessica A said:

 

or should he go the spousal route? We would have been married for two years by this point (as won’t be doing anything this year!) but would my hubby have to already go across and be living and working in the US for us to explore the spousal visa?

The spousal visa would be much faster.  He will have to show evidence of intent to change his domicile to the US at the time of your interview, and may need to find a joint sponsor for a spousal visa.  Has he been filing US taxes?  Once you have the visa (which would come after showing his intent to establish domicile and provided the proper financial sponsorship), he will have to enter the US first or at the same time.

46 minutes ago, Jessica A said:

 

long term we do want to move to the US, he’d like to say he’s lived there and I want to be near my family. 
 

im assuming he’d need to move first though and then we would be separated but waiting for the sibling visa while that would take (MUCH?) longer we wouldn’t need to be apart?

 

surely someone has faced this before and can shed some light into either option?

 

thank you!!! 

Here is the guide for filing for a spousal visa.  You do not have to do anything about the petition your sister filed as you can have more than one I130 in the system at the same time.

 

 

Good Luck!

Edited March 21 by Dashinka

[Ryan H 3,791]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,122]

Have you and the US Citizen decided both to marry and to live in the USA?  

[Jessica A 2]

34 minutes ago, pushbrk said:

Have you and the US Citizen decided both to marry and to live in the USA?  

He is half American as I mentioned 

 

he has never lived there

 

my entire family is there now and I am on a queue for a sibling visa 

 

I was asking if we went the spousal route would he have to move before me or is there a way of going together 

can a spouse  be applied for from here

 

im not really sure I understand your question- my husband and I decided to marry. That’s how one gets married

 

we would like to live in the US because he is half American and would like to live there and my whole family is there

 

 

[Dashinka 23,252]

1 hour ago, Jessica A said:

He is half American as I mentioned 

 

he has never lived there

 

my entire family is there now and I am on a queue for a sibling visa 

 

I was asking if we went the spousal route would he have to move before me or is there a way of going together 

can a spouse  be applied for from here

 

im not really sure I understand your question- my husband and I decided to marry. That’s how one gets married

 

we would like to live in the US because he is half American and would like to live there and my whole family is there

 

 

Yes, the I130 can be filed online, and he can stay there until you get the visa, but as I said he will need to show his plans relative to setting up domicile in the U.S. as well as find a U.S. based person to file the I864 as a co-sponsor unless he or you or both will continue with your income after coming to the U.S..  He will also have to show as a USC that he is good with the IRS.

 

Good Luck!

[Jessica A 2]

1 hour ago, Dashinka said:

Yes, the I130 can be filed online, and he can stay there until you get the visa, but as I said he will need to show his plans relative to setting up domicile in the U.S. as well as find a U.S. based person to file the I864 as a co-sponsor unless he or you or both will continue with your income after coming to the U.S..  He will also have to show as a USC that he is good with the IRS.

 

Good Luck!

I think my sister could co sponsor since she is now American

 

and we are looking into his company transferring him to work in America

 

i don’t know about the taxes though? He’s never lived there so why would he have filed any of these??? 

[Crazy Cat 39,286]

8 minutes ago, Jessica A said:

He’s never lived there so why would he have filed any of these??? 

Because all US citizens and Green card holders must report world-wide income regardless of where they reside or work.

Edited March 24 by Crazy Cat

[Jessica A 2]

6 minutes ago, Crazy Cat said:

Because all US citizens and Green card holders must report world-wide income regardless of where they reside or work.

Ok I’ll look into this first for him 

[Redro 4,600]

11 minutes ago, Jessica A said:

I think my sister could co sponsor since she is now American

 

and we are looking into his company transferring him to work in America

 

i don’t know about the taxes though? He’s never lived there so why would he have filed any of these??? 

Husband will have to file at least the last 3 years of taxes (for immigration).

BUT, 

He should also file streamlined and that will resolve his compliancy issues with the us govenrment- google streamlined tax filings. He should also research FATCA and FBARS. 

He can do that now while you wait for the I-130 to be approved- as this first step will take around a year and he does not have to move back to the US while the I-130 is pending. 

This question comes up alot- especially from the UK. 

Here is a recent thread asking a similar question:

@Crazy Cat

 and other mods... we should probably choose a good post or compile some posts for the oft asked "I live overseas, do I have to move back to the US before I file the I-130 petition?" 

 

[Crazy Cat 39,286]

16 minutes ago, Jessica A said:

I think my sister could co sponsor since she is now American

Your spouse would still be the primary sponsor, and he must meet all the qualifications of sponsorship.  Your sister would be the joint sponsor, who must also meet the requirements of sponsorship.

Edited March 24 by Crazy Cat

[Redro 4,600]

@Jessica A

Another UK/US couple who lived together all the way up to interview:

 

[pushbrk 12,122]

6 hours ago, Crazy Cat said:

Your spouse would still be the primary sponsor, and he must meet all the qualifications of sponsorship.  Your sister would be the joint sponsor, who must also meet the requirements of sponsorship.

Only one of them needs to have the required income.  Best would be a company transfer so husband's income will continue from the same source once in the USA.  That way, no need to have a joint sponsor, and the job transfer takes care of any domicile related issues.

[pushbrk 12,122]

9 hours ago, Jessica A said:

He is half American as I mentioned 

 

he has never lived there

 

my entire family is there now and I am on a queue for a sibling visa 

 

I was asking if we went the spousal route would he have to move before me or is there a way of going together 

can a spouse  be applied for from here

 

im not really sure I understand your question- my husband and I decided to marry. That’s how one gets married

 

we would like to live in the US because he is half American and would like to live there and my whole family is there

 

 

It was a two part question.  Second part was the intention to live in the USA.  You've answered that now.

[Crazy Cat 39,286]

1 hour ago, pushbrk said:

Only one of them needs to have the required income.  Best would be a company transfer so husband's income will continue from the same source once in the USA.  That way, no need to have a joint sponsor, and the job transfer takes care of any domicile related issues.

Yes.  I should have said both must meet the requirements such as having filed taxes and domicile .  Thanks for clarifying. 

Edited March 24 by Crazy Cat