# UK husband looking to immigrate with US wife back to USA



## deansalter (Jan 8, 2016)

Hello everyone

So my wife is on a spouse visa here in the UK, we've just hit the 1 year mark of the 2 year visa, but we were recently considering the circumstances of my self immigrating to the USA and what the procedures would be considering the situations currently. 

I've looked over some of the sticky threads made but still I'm left a little lost in where to start. My wife and myself have been married legally for nearly 3 years, as well my Father-in-law is in a position to offer me Immediate work with the Ford plant where they live in Michigan, I have an Uncle that not long ago became a US citizen, and have had a professional and on going qualification from the RLSS (Royal Lifeguard Saving Society). Never had any criminal convictions of any sort of, never been deported, I'm essentially as clean as a whistle.

Although there is more to me just writing all of the above I was just hoping someone could give me a kick up the butt in the right direction, considering my circumstances.

op2:


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## Bevdeforges (Nov 16, 2007)

Not kicking you upside the butt, but let me point out a couple of things you want to consider:

If your wife leaves the UK before she takes citizenship, then should you want to move back to the UK at any time, she'll have to start from scratch for a new spouse visa. (With full expense and no consideration for time spent in the UK "the last time.") Obviously not a deal breaker, but something you want to at least consider. If she stays to get her citizenship and THEN you move to the US, she has full rights to come back to the UK whenever she wants.

Your uncle won't do you any good when it comes to immigration, but if your father-in-law is willing to become co-sponsor (i.e. with your wife) for your visa, it should go fairly smoothly. It's not so much that he is willing to give you a job, but that he would assume financial responsibility for you (both of you, actually) until you're "established."

Basically, this is the starting point (US Consulate in London website): https://uk.usembassy.gov/visas/family-immigration/
Cheers,
Bev


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## twostep (Apr 3, 2008)

Let's try this from end to finish for a change.

If I figured this Royal Lifeguard out correctly it is a life guard certification. N/a as far as US certifications are concerned. Mostly college jobs, some full time, very few well paying with high x rates such as ice swimmers.

Congratulations to the uncle's naturalization. It will not do anything for you.

Considering the lay offs in Michigan - unless your father in law is a top union dog or shareholder he is what is being referred to as jawing in The South. 

Your wife's current legal status in the UK allows for DCF Direct Consular Filing. See site of US Embassy London, travel.state.gov and uscis.gov. Please triple check forms and documents provided! Make sure father in law understands what being a co-sponsor will entail.

Good luck!


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## WestCoastCanadianGirl (Mar 17, 2012)

Sorry to throw water on your plans but you've still got _*4* more years_ before your wife can apply for Indefinite Leave to Remain (ILR) in the UK.

I'm assuming that she applied to come to the UK as your spouse i.e. on a Spousal Visa. That is a 2.5 year long visa.

At the end of that initial 2.5 year visa, she'll have to apply for Further Leave to Remain (FLR(M)), which is a further 2.5 years. 

At the end of the second 2.5 years, she has to apply for ILR. After that is approved, she can apply for citizenship (no priority/"rush" processing available for that).

If she lets her current visa expire and then you decide to return to the UK, you'll have to re-apply for a new Spouse Visa from scratch (i.e. 5-years-to-citizenship clock is re-set and, as Bev has stated, there is no credit for any time spent in the UK on previous visas) and you'll have to meet whatever financial requirements are in place at the time of application.


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## Rachealohh (Jan 8, 2016)

Okay wife is here! 

If we move back to the US, we would not be planning to move back to the UK. The question didn't have anything to do with questioning about MY visa. It was asking advice about HIM moving to the US / is it going to make it easier for my husband to move back to the US with me since we have been married for an "x" amount of years, got married legally in Michigan (my home), lived together for an "x" amount of years, etc etc...

We aren't worried about anything that has to do with me coming/moving back to the UK.

We were just wondering how easy the process is when it comes to him moving to the US considering our circumstances and will the process of him moving to the US be a lot easier than it was with me moving to the UK.

Thank you!:bounce:


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## Bevdeforges (Nov 16, 2007)

To a certain extent, moving to the US will be easier than it probably was for you going over to the UK. Generally speaking, they're not as concerned with how long you've been married (unless there is something to suggest you got married primarily "for the visa").

He will still need a sponsor (i.e. you) and if you don't have work and a place to live lined up, it will help things considerably if your father can act as a co-sponsor to "pay your way" until you get set up. If you'll be staying with your father, that's fine, too. But your father will have to have sufficient income to cover an additional two people in the household. If he can get your husband a job somewhere, that's nice, but probably won't really help with the visa application itself. Being sponsored by your father will, however, reduce the need for you to go along ahead to get set up and having to be separated from your hubby for some weeks or months as part of the process.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Who sponsors the Affidavit of Support has nothing to do with OP and husband potentially not getting separated. Direct Consular Filing takes into consideration that the US party has been living out of country. Luckily the UK office still processes this.


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## Crawford (Jan 23, 2011)

Rachealohh said:


> Okay wife is here!
> 
> If we move back to the US, we would not be planning to move back to the UK. The question didn't have anything to do with questioning about MY visa. It was asking advice about HIM moving to the US / is it going to make it easier for my husband to move back to the US with me since we have been married for an "x" amount of years, got married legally in Michigan (my home), lived together for an "x" amount of years, etc etc...
> 
> ...


Unless your father's company is going to obtain a work visa for your husband for his prospective job, YOU as the US citizen must sponsor your husband for a spouse visa. The following link will explain how this is done:

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

You must have an income of 125% of the poverty level in the US. Currently this means around $20K per annum income. As you are living in the UK and, presumably would like to move across together, as you will not have this income in place you will need to find a joint sponsor. This can be a friend or family member in the US. The joint sponsor will need income to cover his/her current dependents, plus your husband.

Look at the link below to find out how much your joint sponsor must earn in order to sponsor your husband

https://aspe.hhs.gov/poverty-guidelines

If no income is available then assets/investments can be used (x 3 of the income level).

Firstly you complete the I-130 application form which is the petition for your husband. If this is accepted then the application goes forward for the visa.

The whole process takes between 7 to 10 months. However, as you have lived in the UK for some time you can apply under Direct Consular Filing with the Embassy in London. This cuts the time down to around 4 to 5 months.

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

The fact that you are married for x number of years does not affect the application in any way.


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## pokedmund (Jul 8, 2014)

To the original poster of this topic,

Basically this is the exact situation I was in at the beginning of 2016! I've literally just arrived in the US on a spouse visa.

Follow the website the guys have posted. My experience of the whole thing was fairly straightforward with help from the in-laws.

In a nutshell, the two main things to focus on with the application is *giving yourself time and planning and preparing your application*. Just one example to give, there'll be a medical examination you'll have to undergo at a location that the US embassy will specify at in the UK. Once you've done the examination, you'll have a fixed amount of time before you apply for the embassy interview. Granted, they give you plenty of time, but things like this will happen during the application process. You'll need to stay on top of things and make sure you follow the steps when needed too, giving yourself ample time to complete each steps and/or to allow yourself extra time incase hiccups occur along the way.

Oh, the other thing is money. Lots of fees to pay  Also the prices for the visa fees went up each time I went to pay for them (I was just really unlucky, I kept having to pay for fees right after they increased the prices :'( )

Other than that, best of luck with your application!


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## twostep (Apr 3, 2008)

Fees are posted on USCIS.gov and all other official sites. They went up 10/2016 - anything that has not gone up over the course of the last couple of years? Medical to US entry - 180 days.


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