how to bring non-citizen spouse to US when not living there?

[wired 0]

Here's my situation, i hope someone might be able to help

I am a uk citizen. I've been married to a US citizen for 11 years. We have lived in the UK for the whole of the 11 years, and visited usa for holidays and to visit his family.

What i would like to know is, can i apply (or can he apply as a petitioner) for me to get a visa or naturalisation or whatever it is needed, for me to move to USA and work there, even though neither of us are actually living in the USA at the moment. Just planning for the future.

many thanks for your help

-wired

[Old Dominion 26]

Yes...Direct Consular Filing (DCF) through the US Consulate

[redglasses 1]

Your husband can file I-130 petition for your immigrant visa at the US embassy in UK.

It is called DCF (direct consular filing) here on VJ.

You can find the general steps for DCF at http://www.visajourney.com/forums/index.ph...om&page=dcf

Good luck!

[Penguin_ie 5,996]

DCF is the way to go for you. HOWEVER- your husband will need to move to the USA with or before you, and you will need to use the visa within 6 months of being approved. You cannot just apply for it now in case you may want to move to the USA at some later stage. So only apply for it once you decide you do want to live in the USA.

[NickD 203]

Good to fill out the I-130, I-485, G325a for each of you, I-693 with a approved USCIS doctor, I-864, and an optional I-765 that would give you an EAD if you would like to start work maybe three months earlier until you get your green card in advance plus gather all the required evidence. Can be done here, in our case, received the NOA, notice of arrival where you no longer have to be concerned about your I-94 running out. Since you were married for eleven years, should issue you a ten year green card, none of that conditional stuff. If you have kids, all those forms will have to filled out for each of them. You have to live here for 3 years as a LPR before you can apply for the N-400 to be naturalized, then you will be a USC and free from the USCIS

You have to be here legally, with a tourist visa, can't work. We got our NOA two weeks after we send in the application, well before the I-94 ran out, requested it be good for six months and at the POE, were nice about that, but had to wait nine months before our interview for the green card. Then another three years for USC with restrictions on how much time you can leave this country, have to keep close tabs of your trips outside of the USA. It's good to read the N-400 after you get your green card to prepare for that day with all the evidence they want. Many on the USC board didn't do that, and you cannot turn back the clock.

Good luck.

[wired 0]

Thank you for your replies. Thanks penguin for clarifying about the time limits.

We're not planning on moving to USA soon. Is there any other way of getting the green card before i go, or do I just wait until I'm going to move there and then apply for this DCF?

[Penguin_ie 5,996]

You have to wait I'm afraid.