# UK/US couple moving to US



## pixelpenguin (Jan 3, 2014)

Hi,
I am looking to plan for the future here and this forum has been amazing in the past. I am British and my husband is American. We’ve been married for 4 years and live in the uk. My husband is on an ILR but will likely apply for UK citizenship. 

We are thinking about moving back to the US (but not necessarily permanently) and I’d like to minimize any gaps in employment for myself as well as any time apart from my husband (so ideally we make the move together). I believe I have two routes available: I can apply for an IR1 as a spouse or potentially as I work for an international firm, i could explore transferring office through work. If anyone has explored both options, I’d love to know any advantages/disadvantages to both.

Some additional questions I have:

I understand the i-130 petition is the pre-requisite for the IR1 visa, is this correct?
The IR1 suggests that the US citizen needs a valid address in the US before the UK citizen can apply but I’ve read in this forum that we can apply for an I-130 whilst both in the UK. Can someone help clarify please? Ideally, I’d like to make the move together once I’ve secured both job and visa.
If, once I’m a greencard holder, I decide to later move back to the UK for longer than 2 years (I.e 5-10 years), can I just file a new I-130 petition? My understanding is that if a green card holder moved out of the US for longer than 2 years, they would need to apply for an SB-1 returning resident visa. However this seems to only apply if they “remained outside the United States due to circumstances beyond his/her control” which likely wouldn’t be the case. I may want to move for work or to be near family or just for a change. For tax reasons, I’d prefer not to apply for US citizenship once I’m able and am happy to go through the visa process again providing I’m not being penalized for doing so. Alternatively, I believe a work visa shouldn’t penalize me in this way 
If we add a child into the mix (would like to have one in the UK before we move), Can we add them to an i-130 petition?


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## Crawford (Jan 23, 2011)

1. Yes, the I-130 starts the process for the petition
2. Both of you can be living in the UK when you start the process. This then raises the question of how you meet the financial requirements. Presuming your husband does not have a job in the US (he is still living in the UK), and you are NOT using assets to meet the financial requirements, you'll need a sponsor in the US. Hubby will still be main sponsor.
3. If, as a Green card holder you leave the US for longer than a year, you can jeopardise your green card. If you leave for 5 to 10 years, you will definitely need to re-apply for a visa
4.As soon as you are resident in the US you will pay taxes (nothing to do with US citizenship). As having been a Green card holder you will be liable for US taxes on your worldwide income - even if you have left the US
5. A child would not need a visa if your husband (a US citizen) can pass on his citizenship to said child.
6. If your company can transfer you then you would get an L-1 visa.

The I-130 is taking up to a year these days; the L-1 might be a shorter timeframe.

Your husband should definitely apply for UK citizenship as being out of the country for 2 years or more means his ILR will lapse.

I


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## Moulard (Feb 3, 2017)

Crawford's advice, as always, is sound.

Expanding on the point you raise on the SB-1. You are right, that is not a magic bullet. As a greencard holder you can be out of the country for a year. You can expand that to two years with a returning resident visa / reentry permit, but after two years, it really does have to be a matter that was out of your control and will be more difficult the longer time goes by. 

If you went down the L-1 route and decided to stay in the US your husband could raise the petition from within the US for a change of status to IR1. This has added advantages around sponsorship requirements - if applying for IR1 from outside the US, if your assets were insufficient to meet the sponsorship requirements, you would likely need a US co-sponsor. But if applying for a change of status, your husband would, I presume, have a US job that would meet the sponsorship requirements and thus avoid the additional hurdles.

In most cases your husband would be able to pass on US citizenship if he had lived in the US for 5 years, two of them after the age of 14. You would make a Consular Report of Birth Abroad, and the outcome of that would be recognition of the child having US citizenship and the child would then enter the US on a US Passport.


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## Crawford (Jan 23, 2011)

_Ideally, I’d like to make the move together once I’ve secured both job and visa._

.... and you can.

If you go the L-1 route (transfer by current company), then you would probably be in more control of the situation; it could be a shorter route and you could schedule your move, in conjunction with the company once the visa is issued.
The I-130 route would take longer; you would need a joint sponsor in the US (since hubby is still in the UK) unless you had assets, and it's all down to the US Government and their timescales. Your company would also have to fall in with the timescale of the processing of the I-130 with regard when you can start the job.


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