# A little advice



## dniclayton (Jan 23, 2013)

Hi,
I'm currently serving in the British Army and between 2003 and 2007 i served at Lackland AirForce Base, San Antonio running a branch for NSA. While I was there I met and married my wife Lisa (a US citizen) in 2005, before being posted back to the UK in 2007.

Lisa and I have two children now, but Lisa has never really settled in the UK and we intend to move back to the states when I retire later on this year (Oct 13). I don't really have any idea how to go about emigrating and was wondering if anyone could give me a few pointers. . . 

We've kind of assumed that with an American wife and 2 children it probably won't be an issue, but having read some of the posts on here, I'm a little nervous about assuming anything now.

I'd be really grateful for any feedback from someone who has 'been there and done it' already.

Many thanks,

Daniel


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## Bevdeforges (Nov 16, 2007)

Even with an American wife, you'll have to go through the "normal" process of having the US spouse "sponsor" the foreign spouse for a visa (and green card). The entire application and processing time seems to run about 6 to 9 months so if you're planning on moving shortly after you take your retirement, you need to start working on it about now.
Cheers,
Bev


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## dniclayton (Jan 23, 2013)

Bevdeforges said:


> Even with an American wife, you'll have to go through the "normal" process of having the US spouse "sponsor" the foreign spouse for a visa (and green card). The entire application and processing time seems to run about 6 to 9 months so if you're planning on moving shortly after you take your retirement, you need to start working on it about now.
> Cheers,
> Bev



Thanks Bev,

what's the first point of contact? the US Embassy in London?


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## twostep (Apr 3, 2008)

It does not require an engineering degree:>) 

travel.state.gov and uscis.gov as well as the site of the US Embassy in London are your best sources. Your search terms are: CR1 (spousal visa) or DCF (direct consular filing - married over two years).

One requirement is Affidavit of Support which means the sponsor (in your case your wife) has to show proof of income. You can use co-sponsors (family, friends) or self-sponsor. But this is down the road. 
Has your wife filed her annual income tax statements? If not - time to do so. Bev has some good advice there.
Does your family including your wife have UK citizenships? It may not seem important now but can be so in later years.
To the best of my knowledge your wife has to reside in the US. Davis1 may have information on potential exceptions.
Proof read every document several times and keep copies of everything!
Good luck!


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## Davis1 (Feb 20, 2009)

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

Planning Ahead U.S. petitioners who are planning on filing for their foreign spouses/children for immigrant visas to relocate to the United States should file the Petition for Alien Relative (Form I-130) a minimum of ten (10) months prior to the date of the plan relocation.


Recent US income tax returns. US citizens are required to report their worldwide income, regardless of where they live or where it was earned. Yes, that means you were supposed to be filing your tax returns while living abroad. If you have not yet done so, now is the time. The IRS in London is reportedly very helpful 


Immigration Guides
When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:
Find a job in the United States 
Locate a place to live in the United States 
Register children in U.S. schools 
Make arrangements to give up (relinquish) residence abroad 
Other evidence of a U.S. residence 

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States


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## twostep (Apr 3, 2008)

Thank you Davis1 - I was not sure if domicile can replace residence.


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## dniclayton (Jan 23, 2013)

Thanks very much for all the info..... still a little baffled by the terminology and there are likely to be some issues. Lisa was 8 months pregnant when we moved back to the UK and we now have a 5 year old and a 2 year old, so Lisa has never worked while we've been here and we have been back for 6 years so we obviously don't have an address, or employment within the States at the moment.

It sounds bad in the context of the points raised on here, but the reality is quite reasonable, I guess i will contact the embassy, explain the situation and then try to muddle through the paperwork over the next 9 or 10 months. . . .

Need to get started


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## twostep (Apr 3, 2008)

dniclayton said:


> Thanks very much for all the info..... still a little baffled by the terminology and there are likely to be some issues. Lisa was 8 months pregnant when we moved back to the UK and we now have a 5 year old and a 2 year old, so Lisa has never worked while we've been here and we have been back for 6 years so we obviously don't have an address, or employment within the States at the moment.
> 
> It sounds bad in the context of the points raised on here, but the reality is quite reasonable, I guess i will contact the embassy, explain the situation and then try to muddle through the paperwork over the next 9 or 10 months. . . .
> 
> Need to get started


You will probably find out that "obviously" and USCIS does not go together:>( Does she not have family to cover the domicile and Affidavit of Support?


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## Davis1 (Feb 20, 2009)

dniclayton said:


> Thanks very much for all the info..... still a little baffled by the terminology and there are likely to be some issues. Lisa was 8 months pregnant when we moved back to the UK and we now have a 5 year old and a 2 year old, so Lisa has never worked while we've been here and we have been back for 6 years so we obviously don't have an address, or employment within the States at the moment.
> 
> It sounds bad in the context of the points raised on here, but the reality is quite reasonable, I guess i will contact the embassy, explain the situation and then try to muddle through the paperwork over the next 9 or 10 months. . . .
> 
> Need to get started


hopefully you registered their births with the US consulate 
and got their US passport

does she have any parents there or relatives

the consulate will not give you help or advice .. 
there are the rules and they are followed..they dont care about your problems


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## dniclayton (Jan 23, 2013)

Wow..... the glass is definitely half empty huh....

Yep, all of Lisa's family are in the States, the affidavit shouldn't be an issue. The kids have been travelling on British passports up to now, but we asked when our first was born and we were told that this wouldn't be an issue until their 18th birthday when they would essentially have to make a choice.


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## Bevdeforges (Nov 16, 2007)

dniclayton said:


> Wow..... the glass is definitely half empty huh....
> 
> Yep, all of Lisa's family are in the States, the affidavit shouldn't be an issue. The kids have been travelling on British passports up to now, but we asked when our first was born and we were told that this wouldn't be an issue until their 18th birthday when they would essentially have to make a choice.


For entering the US, the kids will need US passports. Expect considerable hassle if you attempt to enter the US with them on their British passports. 

And the old rule about having to make a choice at age 18 has pretty much been abolished these days. (Kind of too bad, because of the US insistence on all citizens filing tax returns, no matter where they live - but that's a whole different discussion for another thread.)
Cheers,
Bev


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## dniclayton (Jan 23, 2013)

Ok Thanks Bev, i guess we will get the ball rolling and see how we go.


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## twostep (Apr 3, 2008)

dniclayton said:


> Wow..... the glass is definitely half empty huh....
> 
> Yep, all of Lisa's family are in the States, the affidavit shouldn't be an issue. The kids have been travelling on British passports up to now, but we asked when our first was born and we were told that this wouldn't be an issue until their 18th birthday when they would essentially have to make a choice.


your childrens' births have to filed with the us consulate or embassy as birth abroad. social security numbers and us passports have to be applied for. as us citizens they have to enter and exit the us as such. get moving. they will not loose their uk citizenship. you should also look into uk citizenship for your wife. who knows what will be in 30 years. 

the glas is not half full. you have a great family and immigration is nothing folks get involved with unless they are confronted by it. see it as an international exercise with an uncooperative logistics unit. 

work your way through affidavit of support. then figure out which family member or members have the income to be sponsor or sponsors. depending on your finances you may be able to go the self sponsor route. again has your wife filed her tax returns?


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## dniclayton (Jan 23, 2013)

Gotcha... thanks very much, we will get the whole thing moving and will no doubt need help along the way. Very grateful for the advice.

Daniel


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## twostep (Apr 3, 2008)

dniclayton said:


> Gotcha... thanks very much, we will get the whole thing moving and will no doubt need help along the way. Very grateful for the advice.
> 
> Daniel


you are not alone. most of us have been there.


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