# Looking to Emigrate to USA



## TheLordDave (Jan 2, 2011)

Hi,
Myself and my fiancee are looking to emigrate to the USA.

My father is an american citizen currently residing in arizona.

I missed the age cut off to apply for dual citizenship but would like to now emigrate. Im 27 my fiancee is 28. We are both degree educated, myself as a software engineer with 5 years experience and my partner as a probation officer.

What is the easiest method to do this for both myself and my partner?

Do i apply for a green card due to my fathers citizenship first? will this then be viaable for my fiancee or do we need to marry first?

Im unsure as to the best way to apply for a visa, my father lived in new york from birth until the age of 8. He then emigrated to the UK after his father was murdered in NY.He has lived in the states on and off for a number of years throught his 20's and in later life, but has been a resident of arizona for the past 7-8 years.
Not sure if that effects the application process. 

Any advice would be appreciated.
Thanks


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## November7 (Jul 24, 2008)

It might not be a 100% accurate answer, but from what I heard (a friend of mine is in a very similar situation), your father can apply for a greencard for you both under a family category. You will have to be married though. It can take a while as well. (My relative has been living in USA for about 10 years now and has applied for a greencard for her daughter about 5 years ago now and is still waiting, because there are quotas on family categories processed per year).

As far as I'm aware, the only way to emigrate to USA is either family category visa as in your case, or a job offer, or winning a green card lottery... Have been interested about emigrating to USA myself, but apparently, there isn't many options there for me...


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## MichaelS (Nov 8, 2008)

November7 said:


> It might not be a 100% accurate answer, but from what I heard (a friend of mine is in a very similar situation), your father can apply for a greencard for you both under a family category. You will have to be married though. It can take a while as well. (My relative has been living in USA for about 10 years now and has applied for a greencard for her daughter about 5 years ago now and is still waiting, because there are quotas on family categories processed per year).


Wait times for family visas are 10+ years now, so the OP's best option is to try and claim US citizenship via her father. After quickly reviewing the US immigration website, the process and rules seems to be a bit complicated (depends on when you were born, how many years your father spent in the US, etc.), so I would recommend you contact an immigration professional and explain your situation to him.


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## twostep (Apr 3, 2008)

You did not give enough information to answer your questions. Is your father a born US citizen or did he go the route green card/citizenship?


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## TheLordDave (Jan 2, 2011)

Sorry about that, my father is a us born citizen. From what I can
See I needed to apply by my 21st birthday to apply under immediate family rules.
As I'm 27 I would have to apply under the preffered family option.

The entire process seems quite complicated , I know that most of my cousins have completed the process but this was done before the age of 21.


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## twostep (Apr 3, 2008)

Why are you trying to go the Green Card route? Have you gone over INA Act 322? Do you and your father qualify?


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## TheLordDave (Jan 2, 2011)

twostep said:


> Why are you trying to go the Green Card route? Have you gone over INA Act 322? Do you and your father qualify?


That would be the easiest route but due to my father leaving the US at the age of 8 and not returning until his late 20's for 2 years then having me in the UK and then returning later in life, i dont think he qualifies. As i was born in 1983.

This is the information on naturilization i have found online ( forum wont let me post link)

"However, for an American with a non-citizen spouse to transmit citizenship to children born abroad, the citizen parent must have been physically present in the US a certain number of years prior to the birth of the child in question (for children born before 14 November 1986, the American parent must have been physically present 10 years in the US, of which at least 5 were after the age of 14; for children born after that date, the parent must have lived 5 years in the US, at least 2 of which were after the age of 14.) "

Now although reading that it would seem i qualify, I belive that the 10 years need to be concurrent and the 5 years after the age of 14 need to be served before my birth.


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## TheLordDave (Jan 2, 2011)

Plus you need to be under the age of 18


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## JohnSoCal (Sep 2, 2007)

You could try the H1B visa route because you are a software engineer. Even with our high unemployment, there is a demand for software engineers. Thousands of software engineers come here on H1B visas. First, I would exhaust all avenues at trying for US citizenship through your father. I would talk to somebody in person at a US consulate to get the correct information first hand.


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## Davis1 (Feb 20, 2009)

TheLordDave said:


> Hi,
> Myself and my fiancee are looking to emigrate to the USA.
> 
> My father is an american citizen currently residing in arizona.
> ...


You father just has to file a I-130 for you both ..its about your only chance ..but it will take 9 years or so ..


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## twostep (Apr 3, 2008)

TheLordDave said:


> Plus you need to be under the age of 18


I have never come across the age limit of 18. As your father does not qualify for 322 - H1B, L or investment. Does your partner qualify for diversity lottery?


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