# UK/US couple moving back to US



## LolaD (Mar 9, 2021)

Hi there. 

I’ve done research but wanted to ask the hive mind here!

My husband and I are planning to move back to the US from the UK. I’m a US citizen, he’s British and we got married in the US in 2010. We lived there until 2012 and then moved to the UK and have been here for coming up on 9 years. He had a green card which has long since expired. I have ILR in the UK.

What would you suggest as the best visa route to return to the US for him? I’d welcome all suggestions (including a period of being apart, as well as the possibility of using savings to move prior to securing jobs). 

Thanks in advance - I’m well aware this is going to be a long process whatever the route!


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## Crawford (Jan 23, 2011)

First thing is for you to get British citizenship. YOUR ILR will lapse once out of the UK for 2 years; so if it does not work out in the US you will have to go through the UK immigration process again.

You need to sponsor husband for a visa/green card. The website below gives all info:









Green Card for Immediate Relatives of U.S. Citizen | USCIS


If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements.



www.uscis.gov





Options:
-If you have sufficient savings (3 x income level) then you could apply and move over together
-US citizen could move over first and get job to fulfill financials
-Get a co- sponsor living in the US who can fulfill financial requirements - move over together

Process is taking a long time currently - 12 to 18 months.


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## nyclon (Apr 3, 2011)

Totally agree with Crawford. Get you UK citizenship before you move to the US. 

I would also suggest that you ask this question on the US forum where you'll probably get more input.


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## mzmolly65 (Mar 9, 2021)

I moved to the US from Canada. Our immigration solicitor told us the easiest and fastest route is for the person to enter into the US as a visitor and then apply for green card once in the US. This is a perfectly legal form of entry into the country. If you are not legally married you will have to get married here in the US within 90 days. If you are legally married, it's good to travel together. The border will usually want proof that you will return to the UK, so they expect to see a travel itinerary, return plane ticket, a job to go back to or family, home, etc. If you don't look like you're on holiday, they will suspect you are trying to stay permenently and will not let you in. Buy a return ticket even if you have no plans to actually return. Have lists of places you will visit and hotels or family where you will stay. Have a planned return date, even if you are going to apply for immigration and stay. This is all completely legal. Once you apply they will want proof of your marriage being legit. Family photos, documents, shared bank accounts, rent or purchase agreements. If you are legit, it's not hard to prove because normal living is obvious. I followed the advice of my immigration solicitor and had no problems at all. I'm not sure about the process now with covid going on, but when I came through in 2013 I had my temporary visa and work visa within 3 months of application. If I had filed from Canada it would have taken much longer and cost me a lot more as the nearest immigration office would have been a 4 hour flight away. In the US the immigration office was only a short drive away. I suspect things might take much longer now. Fwiw, an immigration lawyer (if you choose to use one) should NOT cost a fortune. Mine charged a flat fee of $3500 for everything, so don't let anyone charge you by the hour or charge you a small fortune. I've heard of some people paying $10,000 .. highway robbery. Just barter like you would for any service and refuse to pay more than an agreed upon flat fee.


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## Bevdeforges (Nov 16, 2007)

As I understand it, if his green card has "expired" then you have to go back to square one with the application process (and pay all the relevant fees again). You'll need to sponsor him, which means you'll need to have a place to live and some means of supporting both of you (though you can make use of a co-sponsor).









Immigrant Visas


Important: While we are processing all categories of immigrant and fiancé(e) (K-1 and K-2) visas, unavoidable backlogs mean that you should expect delays




uk.usembassy.gov


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## Crawford (Jan 23, 2011)

Reply to : MZMolly:

What are you talking about? Entering the US as a visitor, *with the intention of remaining and doing Adjustment of Status is completely illegal* and is considered fraud under the VWP program. If you do this and your application for AOS is refused then you get deported, possibly a ban and can no longer enter the US on the VWP, but will need to apply for a visa just to visit. Your immigration history will be flagged each time. YOUR situation coming from Canada might be a different scenario, (Canadians don't enter under the VWP) but you cannot do this as a UK citizen from the UK.

I'm not sure you can do it from Canada based on the following website:







Do Canadians Need a K-1 Visa to Enter the U.S. & Marry a U.S. Citizen?


Canadian citizens typically enjoy easy entry into the United States, but to enter and marry a U.S. citizen, the K-1 visa process still applies.




www.alllaw.com





Personally, I think you took a chance and got away with it.


What _anyone_ CAN do quite legally is fly into the US, get married and then leave back to your home country to apply for the visa there.


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## Crawford (Jan 23, 2011)

deleted duplicate


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## mzmolly65 (Mar 9, 2021)

Crawford said:


> Reply to : MZMolly:
> 
> What are you talking about? Entering the US as a visitor, *with the intention of remaining and doing Adjustment of Status is completely illegal* and is considered fraud under the VWP program. If you do this and your application for AOS is refused then you get deported, possibly a ban and can no longer enter the US on the VWP, but will need to apply for a visa just to visit. Your immigration history will be flagged each time. YOUR situation coming from Canada might be a different scenario, (Canadians don't enter under the VWP) but you cannot do this as a UK citizen from the UK.
> 
> ...



I will disagree with you. I am not speaking about any other case but my own and I followed the legal advice of a professional immigration lawyer who is very well known, successful and also a citizen of Canada, US and UK. He's been operating as an immigration lawyer for 20+ years and he has successfully helped many people immigrate. Everything we did was legal.


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## Crawford (Jan 23, 2011)

mzmolly65 said:


> I will disagree with you. I am not speaking about any other case but my own and I followed the legal advice of a professional immigration lawyer who is very well known, successful and also a citizen of Canada, US and UK. He's been operating as an immigration lawyer for 20+ years and he has successfully helped many people immigrate. Everything we did was legal.
> [/QUOTE
> 
> _However, you can’t enter the U.S. on a visitor or tourist visa with the intention of applying for a green card. It is only appropriate for you to visit the U.S. and decide to apply for a green card after you’re already here. If U.S. Customs and Immigration Services questions your intent – meaning, if USCIS believes you came to the U.S. on a tourist visa with the intent of adjusting your status – you will be responsible for proving that you decided to apply for a green card after you arrived, not before._
> ...


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## Moulard (Feb 3, 2017)

Crawford is spot on here. 

In most circumstances, Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries so long as their intended stay is less than 6 months. There are, however, some exceptions to this situation. Intending immigrants, fiancé/fiancées are such an exception where US law requires a visa before entry ... typically K-1 / K-3 / V-1.

The only exception to that is if you happen to be a First Nations Canadian covered by the Jay Treaty - they are the only Canadians entitled to travel freely between the US and Canada for the purpose of immigration without a visa. 

A visitor who intends to live, work, or study in the U.S. and who does not disclose this information to the CBP officer beforehand may be permanently barred from the United States. This is the same for all visitors entering the US ... there is no exception for Canadians.

So if you entered the US under NAFTA / WHTI arrangements and failed to disclose your intention to marry in the US and remain, you put yourself at risk of being permanently barred from the US.

Yes, the 6 month entry granted does leave wiggle room... enough time can elapse where you enter with the intent or returning and by the end of the 6 months your intentions can change. But the approach suggested is walking very fine line and what you specifically suggest (manufacturing evidence of intent to leave) is clearly and willfully fraudulent.


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## twostep (Apr 3, 2008)

mzmolly65 said:


> I will disagree with you. I am not speaking about any other case but my own and I followed the legal advice of a professional immigration lawyer who is very well known, successful and also a citizen of Canada, US and UK. He's been operating as an immigration lawyer for 20+ years and he has successfully helped many people immigrate. Everything we did was legal.


Your case is your case. Adjustment of Status is only legal if spontaneous marriage con be proven. You used an ambulance chaser and I am just waiting for you to promote his business by PM. 

OP's scenario is that a married couple US/UK wants to move to the US.


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## twostep (Apr 3, 2008)

Bevdeforges said:


> As I understand it, if his green card has "expired" then you have to go back to square one with the application process (and pay all the relevant fees again). You'll need to sponsor him, which means you'll need to have a place to live and some means of supporting both of you (though you can make use of a co-sponsor).
> 
> 
> 
> ...


Plenty of info about sponsorship/cosponsors/self sponsor on uscis.gov and here.


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