# Green card or just normal visa? Or is there a normal non-working visa as spouse?



## Vegasgirl94 (Feb 12, 2011)

OK call me daft, but I know nothing about American immigration as I've never dated anyone other than Americans. I just so happen to be married to a Brit and we're starting to talk about moving to the US. He doesn't work (currently on disability payments and probably for life) so he doesn't need a green card to work right? My question is, when we do apply to move to the US, is there a regular visa he can apply for without having to go the green card route? I was thinking a green card is only for someone who wants to work in the US? Thanks in advance.

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## Crawford (Jan 23, 2011)

Vegasgirl94 said:


> OK call me daft, but I know nothing about American immigration as I've never dated anyone other than Americans. I just so happen to be married to a Brit and we're starting to talk about moving to the US. He doesn't work (currently on disability payments and probably for life) so he doesn't need a green card to work right? My question is, when we do apply to move to the US, is there a regular visa he can apply for without having to go the green card route? I was thinking a green card is only for someone who wants to work in the US? Thanks in advance.
> 
> Sent from my iPad using ExpatForum


Start here:-

USCIS - Family of U.S. Citizens

You as the US citiizen will need to sponsor your husband for a visa for him to enter the US. You will need to prove that you can support him (assets/income etc) Upon arrival in the US he will then be issued a Green Card as a Permanent Resident.


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## Bevdeforges (Nov 16, 2007)

Nope - a green card is for someone seeking "permanent residence" in the US, whether or not they want to work there. Basically what happens is that, you, as the US citizen in the couple, will first have to apply to sponsor his visa application. To do that, you need to show that you are relocating to the US and you'll need either some indication of your resources (a job) and a place for the both of you to live. You can have a co-sponsor if you're looking for work, but basically between you and the co-sponsor, you need to show that you can provide for your foreigner spouse, and to keep him off welfare while he's in the US.

Once your sponsorship is approved, he can then apply for a spouse visa with which to enter the US, and after he has arrived, he'll get a green card and all the other "fun" stuff that goes with that (social security number, etc.).
Cheers,
Bev


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## twostep (Apr 3, 2008)

I can only add one thing - have you filed your US taxes while you lived in the UK?


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## Vegasgirl94 (Feb 12, 2011)

twostep said:


> I can only add one thing - have you filed your US taxes while you lived in the UK?


This (2011) will be my first year to file taxes as married and overseas. Is there something I need to do differently? I don't work here, just going to school full time. But I am due some student credits.

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## Vegasgirl94 (Feb 12, 2011)

Crawford said:


> Start here:-
> 
> USCIS - Family of U.S. Citizens
> 
> You as the US citiizen will need to sponsor your husband for a visa for him to enter the US. You will need to prove that you can support him (assets/income etc) Upon arrival in the US he will then be issued a Green Card as a Permanent Resident.


Thanks for the link. Before delving into it, are you saying that we don't need to apply for a green card from here? Just apply to have him live there with me and then once we are there, he will automatically get one?

Thanks again.

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## Vegasgirl94 (Feb 12, 2011)

Bevdeforges said:


> Nope - a green card is for someone seeking "permanent residence" in the US, whether or not they want to work there. Basically what happens is that, you, as the US citizen in the couple, will first have to apply to sponsor his visa application. To do that, you need to show that you are relocating to the US and you'll need either some indication of your resources (a job) and a place for the both of you to live. You can have a co-sponsor if you're looking for work, but basically between you and the co-sponsor, you need to show that you can provide for your foreigner spouse, and to keep him off welfare while he's in the US.
> 
> Once your sponsorship is approved, he can then apply for a spouse visa with which to enter the US, and after he has arrived, he'll get a green card and all the other "fun" stuff that goes with that (social security number, etc.).
> Cheers,
> Bev


Great. Thanks for the info. Doesn't seem to be as cut and dried as when I came to live here in the UK. :-/

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## Crawford (Jan 23, 2011)

Vegasgirl94 said:


> Thanks for the link. Before delving into it, are you saying that we don't need to apply for a green card from here? Just apply to have him live there with me and then once we are there, he will automatically get one?
> 
> Thanks again.
> 
> Sent from my iPad using ExpatForum


Not exactly. You apply for a spouse visa for him (Form I-130). This procedure will lead to the Green card. 

When the spouse visa is approved your husband will then be able to enter the US. I believe there is then an Adjustment of Status to go through at this point and he will then be issued the Green Card, SSN etc.

The whole process takes about 6 to 8 months. 

All the details are in the link I gave you.


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## twostep (Apr 3, 2008)

Vegasgirl94 said:


> This (2011) will be my first year to file taxes as married and overseas. Is there something I need to do differently? I don't work here, just going to school full time. But I am due some student credits.
> 
> Sent from my iPad using ExpatForum


As US citizen you are required to file. Being a full time student you may have to secure a co-sponsor for your husband. Read the instructions for Affidavit of Support very carefully.


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## Vegasgirl94 (Feb 12, 2011)

Crawford said:


> Not exactly. You apply for a spouse visa for him (Form I-130). This procedure will lead to the Green card.
> 
> When the spouse visa is approved your husband will then be able to enter the US. I believe there is then an Adjustment of Status to go through at this point and he will then be issued the Green Card, SSN etc.
> 
> ...


Thanks so much. That process is looooong! Sssheesh! But he's always wanted to move to America, so I suppose he's not too worried about it. ;-)

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## Vegasgirl94 (Feb 12, 2011)

twostep said:


> As US citizen you are required to file. Being a full time student you may have to secure a co-sponsor for your husband. Read the instructions for Affidavit of Support very carefully.


Yeah I knew I had to file. I was assuming that I would find a job before we got there if I had to be the one to show monetary means. 

I do have a question about that now that you mention it: my husband gets $4,500 per month (insurance payments) which is what we subsist under. Do you know if they would consider this as our income for us to move over there? I want to work, but I would prefer to find a job once we are there.

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## Crawford (Jan 23, 2011)

Vegasgirl94 said:


> Yeah I knew I had to file. I was assuming that I would find a job before we got there if I had to be the one to show monetary means.
> 
> I do have a question about that now that you mention it: my husband gets $4,500 per month (insurance payments) which is what we subsist under. Do you know if they would consider this as our income for us to move over there? I want to work, but I would prefer to find a job once we are there.
> 
> Sent from my iPad using ExpatForum


Is this from a private insurance settlement or Disability Benefits/Social Security from the UK State?

Just asking because some State benefits are not portable to the States.


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## Vegasgirl94 (Feb 12, 2011)

Crawford said:


> Is this from a private insurance settlement or Disability Benefits/Social Security from the UK State?
> 
> Just asking because some State benefits are not portable to the States.


Private insurance. He was in a car accident three years ago at his job working for the US Government and cannot return to his normal job. He's past the point of returning to any job because of the nerve damage to his spine.

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## psdentist (Nov 28, 2011)

..........


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## Crawford (Jan 23, 2011)

psdentist said:


> Right now, the only visa you can apply for is a tourist visa. That's the first step. Once in the US, you need to be there for more than six months to qualify to apply for residence visa. I understand, Brits don't have problems getting this visa relative to other races.


Go away ..... with the greatest of respect you don't know what you are talking about


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## psdentist (Nov 28, 2011)

I know because it is what I experienced! I went through all that immigration thing myself. Im sorry if I offended you!


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## Crawford (Jan 23, 2011)

psdentist said:


> I know because it is what I experienced! I went through all that immigration thing myself. Im sorry if I offended you!


No offense taken, but what you are suggesting is quite incorrect for a US citizen wishing to move back to the US with a UK spouse.


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## psdentist (Nov 28, 2011)

Mea culpable! I didn't read the whole thread! I stand corrected. I'm talking about any race wanting to get a residence visa in the US...


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## Davis1 (Feb 20, 2009)

psdentist said:


> Mea culpable! I didn't read the whole thread! I stand corrected. I'm talking about any race wanting to get a residence visa in the US...


Even wrong about that ...if you enter for 6 months as a tourist ... and dont leave you 
can get deported... any visa to remain in the US has to be applied for in most cases outside of the US


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## psdentist (Nov 28, 2011)

Davis1 said:


> Even wrong about that ...if you enter for 6 months as a tourist ... and dont leave you
> can get deported... any visa to remain in the US has to be applied for in most cases outside of the US


One of the criteria for residency is you must at least have lived in the US for 6 mos. Whether you were there on a staggered basis or continuously through an h-4 or J-4 visa I don't know. But what I know is I got mine after going through that process until I became a US citizen...could it be different from one country to another? I don't know. This is my experience. Thank you!


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## Davis1 (Feb 20, 2009)

psdentist said:


> One of the criteria for residency is you must at least have lived in the US for 6 mos. Whether you were there on a staggered basis or continuously through an h-4 or J-4 visa I don't know. But what I know is I got mine after going through that process until I became a US citizen...could it be different from one country to another? I don't know. This is my experience. Thank you!


sorry that just plain wrong ..what visa did you use


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## psdentist (Nov 28, 2011)

Davis1 said:


> sorry that just plain wrong ..what visa did you use


I was on dependent visa (can't recall whether it's H1 or H4). It was 25 years ago, unless they changed it then I am wrong! I got my permanent residency within the first year of my stay, if my memory serves me right. And no, I did not go back to my country of origin when they approved my residency. I remember that clearly because I have no job and money to pay for my plane fare. After I got the residency visa, that was the time I was able to get a job. Maybe my memories is not good, but that's how I can still remember it.


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## twostep (Apr 3, 2008)

psdentist said:


> One of the criteria for residency is you must at least have lived in the US for 6 mos. Whether you were there on a staggered basis or continuously through an h-4 or J-4 visa I don't know. But what I know is I got mine after going through that process until I became a US citizen...could it be different from one country to another? I don't know. This is my experience. Thank you!


Bits and pieces do not help OP unless you give the whole scenario. Be so kind and post official links for your statement regarding H4 and J4. I see no relation to visas for family members of H1B and J1 to a US citizen sponsoring a spouse.


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## Vegasgirl94 (Feb 12, 2011)

Thanks for the input guys, and thanks Twostep for keeping everything straight. 

@dentist, I don't think someone can be on a tourist visa in the US any longer than three months anymore. But yeah, my hubby is a Brit and will be accompanying me back to the US when we're ready to leave the UK.

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## Davis1 (Feb 20, 2009)

psdentist said:


> I was on dependent visa (can't recall whether it's H1 or H4). It was 25 years ago, unless they changed it then I am wrong! I got my permanent residency within the first year of my stay, if my memory serves me right. And no, I did not go back to my country of origin when they approved my residency. I remember that clearly because I have no job and money to pay for my plane fare. After I got the residency visa, that was the time I was able to get a job. Maybe my memories is not good, but that's how I can still remember it.


Your experience of 25 years ago has no bearing at all on anything current unfortunately even 10 year old experiences are out of date 
In your day visas could be renewed in the US ...and you could border hop with impunity ..long gone times


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## Davis1 (Feb 20, 2009)

Vegasgirl94 said:


> Thanks for the input guys, and thanks Twostep for keeping everything straight.
> 
> @dentist, I don't think someone can be on a tourist visa in the US any longer than three months anymore. But yeah, my hubby is a Brit and will be accompanying me back to the US when we're ready to leave the UK.
> 
> Sent from my iPad using ExpatForum


You can get a tourist visa allowing 180 day ..but if you are from a visa waiver country they can be difficult to get 

Dont bank on your husband returning to the US with you


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## twostep (Apr 3, 2008)

Vegasgirl94 said:


> Thanks for the input guys, and thanks Twostep for keeping everything straight.
> 
> @dentist, I don't think someone can be on a tourist visa in the US any longer than three months anymore. But yeah, my hubby is a Brit and will be accompanying me back to the US when we're ready to leave the UK.
> 
> Sent from my iPad using ExpatForum


You can apply for B2 which goes up to 180 days. It is intended as tourist visa and proof of binding ties to the home country are part of the application.


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## Vegasgirl94 (Feb 12, 2011)

Davis1 said:


> You can get a tourist visa allowing 180 day ..but if you are from a visa waiver country they can be difficult to get
> 
> Dont bank on your husband returning to the US with you


And Why couldn't he come back with? :-/

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## Davis1 (Feb 20, 2009)

Vegasgirl94 said:


> And Why couldn't he come back with? :-/
> 
> Sent from my iPad using ExpatForum


Because he will need a spousal visa ...that can take a year to get and you may be required to resume domicile first


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## twostep (Apr 3, 2008)

Vegasgirl94 said:


> And Why couldn't he come back with? :-/
> 
> Sent from my iPad using ExpatForum


Why do you not take the time to read through the stickies at the beginning of the US forum? The paper trail and requirements to bring a foreign spouse to the US is explained in detail. Otherwise there is always the official site uscis.gov.


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## mamasue (Oct 7, 2008)

psdentist is totally wrong.....about everything!
I went through the greencard procedure.....nowadays you just can't come for 6 months and take up legal residency!
There is, however a way you can stay together through the process, it's called DCF (Direct consular filing)
Basically,if you're in England, you can file papers at the US Embassy in London. It's quite a process, but doable.
Good luck, and Google is your friend.... as is the USCIS website.


Edit....I've just seen another thread saying DCF has been abolished in certain circumstances or from certain countries very recently....so again, Google is your friend!!


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## Vegasgirl94 (Feb 12, 2011)

Davis1 said:


> Because he will need a spousal visa ...that can take a year to get and you may be required to resume domicile first


Oh ok! Yeah I think we will probably apply for it in 2013 (a year before we plan on moving back) since I want to stay here in England long enough to get a passport anyway. Wanna make it easier for if/when we go back and forth. I have a house in Omaha, so I hope thats well enough! Thanks.

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## Vegasgirl94 (Feb 12, 2011)

mamasue said:


> psdentist is totally wrong.....about everything!
> I went through the greencard procedure.....nowadays you just can't come for 6 months and take up legal residency!
> There is, however a way you can stay together through the process, it's called DCF (Direct consular filing)
> Basically,if you're in England, you can file papers at the US Embassy in London. It's quite a process, but doable.
> ...


Thanks mama! We are still a long way out from even applying (2 years minimum) but its always good to know the basics beforehand. 

Thanks everyone for your input.

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## eucitizen (Dec 8, 2011)

*beware of moving to usa*

.....


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