# Looking to move to America where to start??



## Emmarory (Jun 12, 2013)

Hi all I'm new to this and would appreciate any help or advice. 

Me and my partner are looking to move to America in the near future from what I have read already it doesn't seem as simple as hopping on a plain and living there. 

My partner is an American citizen he also is a British citizen, he has duel nationality. Me and both my children are British citizens. Just an idea of where to start and how long it may take would be great  

Thanks 

Emma


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## mehemlynn (Nov 16, 2011)

Emmarory,

This forum is for people moving to the UK, so one of the mods will move your post over to the US board when they come along. 

Good luck with your move.

M


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## Emmarory (Jun 12, 2013)

mehemlynn said:


> Emmarory,
> 
> This forum is for people moving to the UK, so one of the mods will move your post over to the US board when they come along.
> 
> ...


Sorry I didn't realize :/ thank you


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## Bevdeforges (Nov 16, 2007)

Someone seems to have moved your query over to the America section. I don't have all the details, but I can tell you that unless you and your "partner" are married, you're going to have a rough time of it.

If you're married, then he will have to start by filing a "petition" to sponsor you and the kids - unless they are his kids, in which case, they also have dual nationality. The process to get you the appropriate visa takes a good 6 to 9 months (or more, depending on the current backlog) and he will have to show that he can support you on arrival in the US.

Someone with a bit more information will be along shortly to explain.
Cheers,
Bev


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## Emmarory (Jun 12, 2013)

Bevdeforges said:


> Someone seems to have moved your query over to the America section. I don't have all the details, but I can tell you that unless you and your "partner" are married, you're going to have a rough time of it.
> 
> If you're married, then he will have to start by filing a "petition" to sponsor you and the kids - unless they are his kids, in which case, they also have dual nationality. The process to get you the appropriate visa takes a good 6 to 9 months (or more, depending on the current backlog) and he will have to show that he can support you on arrival in the US.
> 
> ...


Thank you bev 

They are not his kids however he is planning on adopting them before we move so how will that then stand? We will be married before we move. Who sponsors me? Will I be able to work? Will my children be able to go straight to school? 

Thanks 

Emma


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## Bevdeforges (Nov 16, 2007)

Actually, you'll have to be married before he can apply to sponsor you. (Or, you may want to consider a fiancé visa, where you'd get married after your arrival in the US.)

It shouldn't be necessary for him to adopt the kids for them to join you as your dependents - but you will need to get permission from their father to take them out of the country. Going to school in the States won't be a problem.

As far as you being able to work - if you arrive on a spouse visa, it should just be a matter of a few weeks until all the paperwork is passed. If you go on a fiancé visa, you have to wait until after the wedding and then the change of status paperwork.
Cheers,
Bev


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## Emmarory (Jun 12, 2013)

Bevdeforges said:


> Actually, you'll have to be married before he can apply to sponsor you. (Or, you may want to consider a fiancé visa, where you'd get married after your arrival in the US.)
> 
> It shouldn't be necessary for him to adopt the kids for them to join you as your dependents - but you will need to get permission from their father to take them out of the country. Going to school in the States won't be a problem.
> 
> ...


 you've been so helpful bev. 

Marriage is on the cards before we move. And he wants to adopt my kids. Would that give them duel nationality? 

Thanks again bev 

Emma


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## Bevdeforges (Nov 16, 2007)

Emmarory said:


> you've been so helpful bev.
> 
> Marriage is on the cards before we move. And he wants to adopt my kids. Would that give them duel nationality?
> 
> ...


I'm not sure about adoption. It may well give the kids the nationality - however the process will probably take a while.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Unless I am mistaken - the kids will make the move on I-130. What are their ages? Do you have sole custody or the biological father's consent?


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## Emmarory (Jun 12, 2013)

twostep said:


> Unless I am mistaken - the kids will make the move on I-130. What are their ages? Do you have sole custody or the biological father's consent?


There 8 and 6 at the moment my 8 year old has never had anything to do with her father my 6 year old hasn't seen her father for 3 years.
So I guess I have sole custody surely?


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## Davis1 (Feb 20, 2009)

Emmarory said:


> There 8 and 6 at the moment my 8 year old has never had anything to do with her father my 6 year old hasn't seen her father for 3 years.
> So I guess I have sole custody surely?


Oh for it to be so simple...you will probably need a court order for that


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## Emmarory (Jun 12, 2013)

Davis1 said:


> Oh for it to be so simple...you will probably need a court order for that


I would need a court order off there fathers even if they were adopted by my partner? Surely that doesn't then give then any parental responsibilities? 

Thanks 

Emma


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## twostep (Apr 3, 2008)

Emmarory said:


> I would need a court order off there fathers even if they were adopted by my partner? Surely that doesn't then give then any parental responsibilities?
> 
> Thanks
> 
> Emma


Both parents are alive and neither has sole custody - I do not see how your partner can adopt the children without either consent of the fathers or a court order granting you sole custody. He will also need this documentation to bring the to the US and sponsor their US citizenship.


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## Emmarory (Jun 12, 2013)

twostep said:


> Both parents are alive and neither has sole custody - I do not see how your partner can adopt the children without either consent of the fathers or a court order granting you sole custody. He will also need this documentation to bring the to the US and sponsor their US citizenship.


I know he will need there consent or a courts consent for the adoption. Thank you everyone you have all been so helpful


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## Bevdeforges (Nov 16, 2007)

Emmarory said:


> I would need a court order off there fathers even if they were adopted by my partner? Surely that doesn't then give then any parental responsibilities?
> 
> Thanks
> 
> Emma


I also suspect you'll need to either get a court order for sole custody or get permission of the fathers for your partner to legally adopt them. Might be worth consulting with an attorney.
Cheers,
Bev


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## Emmarory (Jun 12, 2013)

Bevdeforges said:


> I also suspect you'll need to either get a court order for sole custody or get permission of the fathers for your partner to legally adopt them. Might be worth consulting with an attorney.
> Cheers,
> Bev


Thank you bev I have booked an appointment for Monday to see where me and my partner would stand and how long things will take. 

Thanks again everyone


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## Expatpaul (Jul 5, 2013)

Bevdeforges said:


> I'm not sure about adoption. It may well give the kids the nationality - however the process will probably take a while.
> Cheers,
> Bev


I am an American and adopted my European wife's son when he was 5 years old. He had called me Dad since he was 2 years old. A lawyer friend of mine from my home state as well as the US Embassy said that adopted children are not allowed dual citizenship. In our case it didn't even matter that the biological father had died in an accident and had never even seen his son. If he was to get US citizenship he would have to naturalize. - that was 29 years ago. My son still doesn't have US citizenship. But, he never really wanted it either.


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## Expatpaul (Jul 5, 2013)

Emmarory said:


> you've been so helpful bev.
> 
> Marriage is on the cards before we move. And he wants to adopt my kids. Would that give them duel nationality?
> 
> ...


sorry. pressed the wrong button.


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## twostep (Apr 3, 2008)

Expatpaul said:


> I am an American and adopted my European wife's son when he was 5 years old. He had called me Dad since he was 2 years old. A lawyer friend of mine from my home state as well as the US Embassy said that adopted children are not allowed dual citizenship. In our case it didn't even matter that the biological father had died in an accident and had never even seen his son. If he was to get US citizenship he would have to naturalize. - that was 29 years ago. My son still doesn't have US citizenship. But, he never really wanted it either.


29 years ago may fall into the period prior to Germany (I am going by your location flag) accepting dual citizenship. As far as US Embassies and staff being knowledgable about immigration - let's not go there!


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