US citizen wanting to bring back Scottish husband

[Francis123 0]

My cousin married a Scottish citizen and she got her spouse's visa (which only last 2 years lol) for living in Scotland. They are talking about bopping back and forth over the years from the US to Scotland if they both get dual citizenship. What is the process for US citizenship via spouse sponsorship. Would she have the move back to the US and show she can support him here? While the application is processing, can they both live here?

[YuAndDan 153]

Will have to live in the USA for 3+ years as a resident (Green-Card) before being able to apply for Citizenship.

Since this is posted in K-3 forum.

Do a little study. K-3 is dead.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

[Francis123 0]

Will have to live in the USA for 3+ years as a resident (Green-Card) before being able to apply for Citizenship.

Since this is posted in K-3 forum.

Do a little study. K-3 is dead.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

I am new to all this and just would like it explained in a simplified manner (general terms) not with any Application names , etc. I don't understand it lol

[YuAndDan 153]

I am new to all this and just would like it explained in a simplified manner (general terms) not with any Application names , etc. I don't understand it lol

This is posted in the K-3 forum, this visa type for the most part is a dead end, though because of law is still on the books.

Anyway if US citizen is resident in Scotland and has residency permit, they can file a petition to the US Embassy down in london.

Info here: http://london.usembassy.gov/dhs/uscis/i130filing.html

[Anh map 2,098]

Have your cousin and her spouse log on to Visa Journey and read the Guides. That will help them get an overview of the process. If you are going to get the info for them then it would be helpful for you to scan the Guides as well to familiarize yourself with the steps and terms.

The US citizen would have to petition for a spouse visa. If they are both living together in the UK they can apply there. The term is Direct Consular Filing.

A successful interview gets a visa.

After obtaining the visa they would move to the US where they would live for at least 3 years in order for the then Green Card holder (UK citizen spouse) to be eligible to apply for US citizenship.

Once both are US citizens they can bop back and forth to their heart's content.

[Brother Hesekiel 2,236]

Also . . . ask your cousin if she has filed US tax returns while living in Scotland. As Uncle Sam taxes worldwide income, it's better to tackle this issue now, if it's an issue at all.

[Darnell 8,478]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum, for the bopping ***