UK to US. Help!!

[Pianohouse 0]

Hi. I need some help and advice.

I am British, born and bred. I am married to an American who has just got her Indefinite Leave to Remain visa. She will be a British Citizen in the coming months. We also have a 9 month old son, who is a Dual US/UK citizen as was born in London. We plan to move to Colorado in the next 2 years and know it's a lengthy and somewhat expensive process.

If anyone can help with the following questions, I would be very very grateful indeed.

1) We plan to have more kids. If our next child is born in the US, would s/he be a dual citizen baby?

2) Where do I start? Do I need a job lined up (I have a prospect or 2) before I apply for my visa?

3) What visa would I require and where do I obtain the forms?

4) What (ballpark) is the cost of the visa required to move me to the US?

I have never previously lived in the United States, but visit every 6 months or so. I don't think it makes a difference but I thought I'd add that.

Yeah, so if anyone can help...please do!

Many thanks!!

[canadian_wife 1,829]

1) the birth should be reported through a CRBA so the child can receive a US passport

2) You, as the beneficiary, do not need a job to qualify for a visa. You having a job is not a requirement

3) Eventually, after the petition is filed and approved, you will apply for a Cr-1 visa. Read the guides for what to send in and how to get a hold of the forms.

http://www.visajourney.com/content/i130guide1

4) Approx. $1000 (according to the following guide http://www.visajourney.com/content/compare and that does not include the medical, transportation, postal, etc costs)

No, your travels to the US do not matter.

Since your wife is moving to the UK and you will not petition for 2 years, take a look at the DCF guide

http://www.visajourney.com/content/dcf

Good luck

[JimVaPhuong 4,863]

Re. question 1, I think canadian_wife may have missed the "born in the US" part. The United States is one of few countries that grant citizenship automatically to almost anyone born within it's borders, even if neither parent is a US citizen. If you have any children born in the US then they will be US citizens. The US doesn't recognize dual citizenship, so the US will always consider the child to be a US citizen. I don't know about the citizenship laws in the UK, but I imagine there are steps you can take to get UK citizenship for the child, as well.

[Kathryn41 3,205]

Thread moved from K-1 forum as not a K-1 topic to the Bringing Family Members of US Citizens to America forum as the most likely place in which to get information about available visas, etc. You may wish to ask your question about whether any future children born in the US will still have dual citizenship in the UK in the UK Regional Forum. I know they will have the answer there http://www.visajourney.com/forums/forum/99-united-kingdom/ .

[*Snowdrop* 604]

Hi. I need some help and advice.

I am British, born and bred. I am married to an American who has just got her Indefinite Leave to Remain visa. She will be a British Citizen in the coming months. We also have a 9 month old son, who is a Dual US/UK citizen as was born in London. We plan to move to Colorado in the next 2 years and know it's a lengthy and somewhat expensive process.

If anyone can help with the following questions, I would be very very grateful indeed.

1) We plan to have more kids. If our next child is born in the US, would s/he be a dual citizen baby?

2) Where do I start? Do I need a job lined up (I have a prospect or 2) before I apply for my visa?

3) What visa would I require and where do I obtain the forms?

4) What (ballpark) is the cost of the visa required to move me to the US?

I have never previously lived in the United States, but visit every 6 months or so. I don't think it makes a difference but I thought I'd add that.

Yeah, so if anyone can help...please do!

Many thanks!!

1. Yes - your child born in the US would be a dual citizen in the same way your child born in the UK is. When you have a child in the US you can either register the birth with the UK Embassy in Washington or just skip this step and simply apply for a passport for the child. http://ukinusa.fco.gov.uk/en/help-for-british-nationals/living-in-usa/birth-registration/

2.You would be going through immigration based on your family situation and apply for a spousal visa. You don't need a job lined up - however your wife as your petitioner must be able to show that she has enough income to support you based on your family size and the national poverty guidelines.

So here are the national poverty guidelines for 2010 http://www.uscis.gov/files/form/i-864p.pdf The petitioner (your wife) needs to show an income of 125% of the poverty line for the size of the family. As a family of 3 that would be $22,887. You now have 3 options:

a)She goes back and gets a job in the US before you emigrate which fits the income requirements

b)You use assets instead - as a married couple you would need 3x the amount above (The US embassy in the UK is also getting stricter about seeing this in cold hard cash and not just the potential cash from property ownership etc

c)You get a joint sponsor

Unfortunately your potential income as the visa applicant is not taken into account and even an actual job offer for you is rarely accepted.

3. As you both live in the UK you can apply for your spousal visa via the embassy in London - referred to on here as Direct Consular Filing or DCF - this guide explains more http://www.visajourney.com/content/dcf The good news for you is that it's significantly quicker than filing via the service centers in the US. Forms and details can be found specific to the UK here http://london.usembassy.gov/immigrant-visas/immediate-relatives.html You will here these terms applied to the spousal visa on here - IR1 (for those married more than 2 years) CR1 (for those married less than 2 years)

4. There are various fees at each stage of the process. Budget for up to $1500 for application fees, medical fees, getting photos, police checks processed etc

Final note - you don't say when you want to move but bear in mind that once the visa is issued you have 6 months to activate it and must move to the US within that time.

Edited September 19, 2010 by lsma