American Citizen married to British Citizen

[cranberryshades 0]

Hi. I hope I am using this forum correctly. I am very confused and completely at a loss as to how to even begin the immigration process.

I am American and married my British husband in England in 2007. We have a daughter who also has a British passport. We have been living and working in the Middle East since 2008. We have decided to relocate to the US at the beginning of next fall [ie September 2012].

Now, my question is...would it be better to have my husband enter under the visa waiver program [which allows him to stay in the US for 3 months] and then apply for an adjustment of status or shall we actually apply for his immigration before we arrive?

My main concern is how long/easy the process will be. We have savings but I would like for him to be able to work ASAP...also, will my daughter be an automatic resident or do I need to apply for her too?

Any advice will be greatly appreciated.

My apologies if I have not posted this in the correct forum.

[JoannaV 174]

Entering the US on the Visa Waiver Program with the intention of remaining in the US and adjusting status is illegal.

You should start the immigration proceedings now. Your first step will be to file form I-130. Which country are you currently residing in?

If you apply now you could indeed be moving to the US next fall and your husband will immediately be able to work.

Does your daughter qualify for US citizenship or not? If yes you will need to go about acquiring a US passport for her, if no she will also need a visa.

[cranberryshades 0]

Entering the US on the Visa Waiver Program with the intention of remaining in the US and adjusting status is illegal.

You should start the immigration proceedings now. Your first step will be to file form I-130. Which country are you currently residing in?

If you apply now you could indeed be moving to the US next fall and your husband will immediately be able to work.

Does your daughter qualify for US citizenship or not? If yes you will need to go about acquiring a US passport for her, if no she will also need a visa.

Wow! Thanks, JoannaV...I had no idea it was illegal.

So...right, we're in Bahrain...will he have to wait here till he gets approved or can he go back to England? We're planning on moving out in July...and we usually spend the summer in England and the US...will we still able to do that?

I'm a US citizen, so I assume my daughter is one too?

Thanks for your advice...you just saved me from being a complete moron!

[iwuvcheshert 6]

hey there.. welcome to vj.. i hope this link might be able to help you out, since it is more region specific My link .. just click on the link and feel free to brows for possible scenarios similar to ur status now..

have you filed a CRBA for your daughter before? this link may helpMy link

[ceadsearc 516]

You can file for a CR-1 (spousal visa). It's cheaper, takes 7-9 months (so if you do it now you should be good to go next September), and once approved your husband will enter the US as a resident - no adjustment required. You guys can continue to visit the US on VWP, just make sure your husband shows strong ties to the country you live in as it is at the discretion of CBP to let him in.

[Nich-Nick 3,354]

Any advice will be greatly appreciated.

My apologies if I have not posted this in the correct forum.

Hi, I gave a long answer in your other post before I saw this one. Here: http://www.visajourney.com/forums/topic/338405-american-citizen-married-to-british-citizen-in-the-middle-east/