# Returning To USA With UK Husband



## AmyD (Jan 12, 2013)

I am American. I moved to the UK in 2013 to marry my husband. My husband and I have decided to move back to the USA. I'm trying to understand the requirements for a spouse visa. Any insight is appreciated:

1. We have a six month old daughter, born in the UK and a UK/USA citizen. She will not require anything other than her American passport to travel and live in the US, correct?

2. How long does the whole process take from the time you send in your first petition to approval?

3. The medical exam seems intrusive. Is it? And my daughter will not need one, correct?

4. Is there any time limit to entering the US once he is granted his visa? We think it is wise to wait for him to resign his job until he has the visa in hand, and his position requires two months notice. That won't be a problem, will it?

Many thanks for your help.


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## Crawford (Jan 23, 2011)

1. Correct

2. Anything between 8 to 12 months these days if filed in US - shorter 3 to 5 months if Direct Consular filing

3. Did not find the medical exam intrusive. You and daughter will not need one.

4. 6 months from date of issue - think it has a "valid to" date on it


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## AmyD (Jan 12, 2013)

Thank you Crawford! : )


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## AmyD (Jan 12, 2013)

I just noticed this: K-3/K-4 Nonimmigrant Visas | USCIS

It seems to suggest that we can travel to the USA, then apply from there for his visa. Is this correct?


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## BBCWatcher (Dec 28, 2012)

AmyD said:


> It seems to suggest that we can travel to the USA, then apply from there for his visa. Is this correct?


The K-3 is a visa.

You can file USCIS Form I-130 (and related attachments) to start the process to get your foreign husband an IR-1 or CR-1 visa. As soon as USCIS has received the I-130, your husband can apply for a K-3 visa if he wishes. This is all still _outside_ the United States. According to reports the K-3 takes just as long as simply waiting for the IR-1/CR-1. So I wouldn't bother.


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## Crawford (Jan 23, 2011)

I agree with BBCWatcher. The K-3 is practically defunct due to how long it takes to receive.


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## AmyD (Jan 12, 2013)

So is the time to get the visa the only reason not to do it? I'm very unhappy in the UK and want to move back as soon as possible. We don't mind the long wait as long as it's in the USA. 

In theory how would it work? Is it as easy as:
We pack up and move.
Once in the USA, we apply for the I-130.
We get some sort of notification that they have the I-130.
We apply for K-3.
We live happily ever after.

What am I not seeing? Thanks for your help!


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## Bevdeforges (Nov 16, 2007)

I think what you're missing is that your husband cannot move to the US until he has an immigrant visa in hand. You can - as a US citizen - and you can stay as long as you like. But he can't.

You (plural) can wait out the time to process the visa in the UK if you use the direct consular filing. But chances are you'll need to use a co-sponsor. Or, you (singular) can move to the US and get set up in preparation for filing as his sponsor (i.e. finding a job, place to live, get settled) and while the visa is being processed.
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

AmyD said:


> I'm very unhappy in the UK and want to move back as soon as possible. We don't mind the long wait as long as it's in the USA.


You can travel to the United States any time you wish and stay as long as you want. You're a U.S. citizen.

Your husband, however, is not a U.S. citizen. He needs a visa. That's an IR-1 or CR-1. File USCIS Form I-130 with a pair of G-325As, G-1145, and the correct fee. Since you live in the U.K. you can file with the U.S. Embassy via Direct Consular Filing.

*Then your husband waits* outside the United States. No, your husband cannot move to the United States now. He needs an approved IR-1, CR-1, or K-3.

_With caution_ he can *visit* the United States for *occasional tourist visits* under the Visa Waiver Program/ESTA, but he must simultaneously not have immigration intent on that particular/those particular tourist visit(s) and have immigration intent once his IR-1/CR-1 visa is approved. This is a difficult needle to thread and not recommended. Regardless, he must leave the United States before his 90 day VWP/ESTA stay permission expires.

Sorry, there are no shortcuts here.


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## Davis1 (Feb 20, 2009)

Filing I-130/I-360 | London, UK - Embassy of the United States

SPOUSAL VISA
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## twostep (Apr 3, 2008)

Amy can file DCF with the London embassy. It is the fastest route. The six month period starts with the physical not the approval.

K3 has pitfalls. The details are on uscis.gov.


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## Crawford (Jan 23, 2011)

You must apply for the visa for your husband from the UK (just as you applied for your visa from the US).

For the K3 you put in all the necessary application forms for the CR1/spouse visa and THEN put in an application for a K3 - all the while your hubby is in the UK.

As said, if you do Direct Consular Filing at the London Embassy,it takes a shorter time and *you wait in the UK with hubby and then move together when you have the visa.
*
You will, of course, have to have a joint sponsor for him since you won't have income to support him (not being in the US). Most applicants where both of the couple are living in the UK have to have a joint US sponsor.


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## BBCWatcher (Dec 28, 2012)

Many couples can clear the household wealth test, the alternative to the sponsor's income test.


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## AmyD (Jan 12, 2013)

We are doing it through household wealth. I didn't see anything in my reading about needing to hold on to it in my account for six months as the UK requires, so he was going to transfer the money to my account next week. That should work, right?


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## BBCWatcher (Dec 28, 2012)

No, don't do that! At the very least it looks suspicious, and there's no upside in that. ("Is he making a down payment on paying you for a U.S. immigrant visa?" "Is this a genuine marriage?" Etc.) It's _household_ wealth -- your combined wealth as a couple -- that is assessed when the time comes, so his wealth holdings count. That's different than the income test.

The income (or wealth) test comes later, after I-130 approval. So your first step is to prepare and to file I-130 with a pair of G-325As, G-1145, and the required fee.


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## twostep (Apr 3, 2008)

AmyD said:


> We are doing it through household wealth. I didn't see anything in my reading about needing to hold on to it in my account for six months as the UK requires, so he was going to transfer the money to my account next week. That should work, right?


He can self sponsor the Affidavit of Suport. I am not a CPA - is the gift taxable?


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## Crawford (Jan 23, 2011)

The following are the instructions for the I-864 Affidavit of Support:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf


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## AmyD (Jan 12, 2013)

It isn't taxable because the IRS sees us as a single financial unit, like moving money from your left pocket to your right. But I can see that it would look odd to move it so I think you're right - we'll just leave it where it is. 

Thanks again for all your help!


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## BBCWatcher (Dec 28, 2012)

AmyD said:


> It isn't taxable because the IRS sees us as a single financial unit, like moving money from your left pocket to your right.


No, that's not correct. Congress (and the IRS) explicitly don't consider non-resident alien spouses to be part of a "single financial unit" with a U.S. citizen/permanent resident spouse. Whether a particular transfer between such spouses is U.S. taxable (and/or reportable) is a separate question, but NRA spouses are indeed treated differently under the U.S. tax code.

This fact is not particularly relevant to your husband's immigration visa, but I did want to correct your assertion for the record.


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