# Wife US citizen, moving back to the US with child



## gbusa (Nov 8, 2013)

Hi all,

Hope someone can advise.

I married an American citizen five years ago in US and we have been living in the UK since. We now have a 2 year old.

We are hoping to move back to the US in two years for my child to start school before she is five.

My company has offered employment assistance, but this is obviously not guaranteed as we are a couple of years away from moving.

I have the following questions:

On the face of it, should there be any problems with me living in the US as a British citizen, and when would I have to 'start the ball rolling'?

Would it massively hinder things if my employer was not ale to find me a position in the US?

If my wife moved a year before I was able to (lots of things to tie up before I was to move), would this make things more difficult for myself to come out or is it essential we moved out together?

I have a 13 year old son (UK citizen), could he come out to live in the US also, and could he do a senior year in high school in two years?

Should my daughter be able to obtain US citizenship having a mother who is a US citizen - does this have to be obtained while my wife is in the US?

Thanks in advance, and any other suggestions, tips or advice would be appreciated.


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## gbusa (Nov 8, 2013)

Additionally, I had a kidney transplant ten years ago, and obviously take daily medication for this.
Might this hinder any application (I notice there is a Health Exam)?


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## twostep (Apr 3, 2008)

One step at a time:>)
First - get a US passport for your child. Children Born in the UK to U.S. Parents | Embassy of the United States
Second - if your wife has not filed US tax returns she has to do so. Use the search function - it is a regular topic.


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## Davis1 (Feb 20, 2009)

Immediate Relative | Embassy of the United States


you will need to file for a spousal visa ..
and the child need a US passport 

your medical problem should not be OK ..its not contagious

if your wife goes ahead of you she can file in the US 
spousal visa 
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## gbusa (Nov 8, 2013)

Thanks for the timely responses.
I think my wifes father fills out her tax return as zero income every year.

Any idea how long on average the IR1/CR1 takes to process?

Also it looks like she can file this from the UK. Is it possible to start this moving now and have it sorted for when we want to move, or will they not allow this and insist we wait until nearer the time?


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## twostep (Apr 3, 2008)

gbusa said:


> Thanks for the timely responses.
> I think my wifes father fills out her tax return as zero income every year.?


Get copies to find out what he has been filing. Have you read through Affidavit of Support requirements?



gbusa said:


> Any idea how long on average the IR1/CR1 takes to process??


It varies - 9-12 months.



gbusa said:


> Also it looks like she can file this from the UK. ?


What is "it"?


I


gbusa said:


> s it possible to start this moving now and have it sorted for when we want to move, or will they not allow this and insist we wait until nearer the time?


Once your Green Card application is approved you have a six months window to activate it.


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## gbusa (Nov 8, 2013)

twostep said:


> Get copies to find out what he has been filing. Have you read through Affidavit of Support requirements?
> *Not sure we have copies, I will check. Have just looked at this Affidavit of Support. It looks like my wife need to fill this out for me? If it is all financial security based, we will have joint savings when we move out.*
> 
> It varies - 9-12 months.
> ...


Thanks,


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## 2jh6lh (Nov 15, 2013)

As I understand it, your wife giving birth to your child (and she is a US citizen) makes them a US citizen as well. It's not necessary you travel there with them, I don't think it will matter either way when you go.

I have heard that the waiting period on a green card can be up to a few years. But you have a wife and child who are US citizens, so I believe that gives you priority over regular (people who aren't related to anyone in the USA) applicants.


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## Davis1 (Feb 20, 2009)

you get you green card on arrival with a spousal visa


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## gbusa (Nov 8, 2013)

2jh6lh said:


> As I understand it, your wife giving birth to your child (and she is a US citizen) makes them a US citizen as well. It's not necessary you travel there with them, I don't think it will matter either way when you go.
> 
> I have heard that the waiting period on a green card can be up to a few years. But you have a wife and child who are US citizens, so I believe that gives you priority over regular (people who aren't related to anyone in the USA) applicants.


Do i need to wait for a green card before i move there though?


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## gbusa (Nov 8, 2013)

Davis1 said:


> you get you green card on arrival with a spousal visa



Is a spousal visa my main priority then? Do you know average application times?


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## twostep (Apr 3, 2008)

gbusa said:


> Is a spousal visa my main priority then? Do you know average application times?


What do you mean by main priority? Were you and your child to enter the US you would have to exit within 90 days on VWP.

The child with your US wife has to have a US passport. You need permission by the other parent of your child or a court order to take him to the US. Your wife can file DCF in London which is generally around 3-6 months or CR1 which is generally 9-12 months.


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## gbusa (Nov 8, 2013)

ok, have just seen that my wife was meant to declaring UK earnings every year in her US tax return. Not only has that not been happening, we now think her dad has only filed the first tax return since she has been in the UK.
She has been in the UK for 5 years now, is a British Citizen, and has worked in the same job for 5 years (average earnings per year is £9K) 

Can anyone advise what our first step is going to be as I think we need to sort out her US tax declarations first?


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## Davis1 (Feb 20, 2009)

2jh6lh said:


> I have heard that the waiting period on a green card can be up to a few years. But you have a wife and child who are US citizens, so I believe that gives you priority over regular (people who aren't related to anyone in the USA) applicants.



wrong ...


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## Davis1 (Feb 20, 2009)

gbusa said:


> Is a spousal visa my main priority then? Do you know average application times?



its the only way to get an immigrant visa 

10/12 months more or less


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