American Citizen married to British Citizen in the Middle East

[cranberryshades 0]

Hi! I am completely out of my depth here and seriously hope someone [anyone!] can help me with my queries.

My husband [british]and I [American] got married in 2007. I gave birth to our daughter in England and she has a British passport.

Since 2008 we have been living in the Middle East. We have decided however, to move to the US in the Summer [2012]...I had a few questions about what my best options are...

-We spend summers in the UK and US, and I wanted to know if we could still do that when we file for his residency...also, if we are under petition, will he able to work? We have money saved up and will be initially staying with my parents but I'd like to be on our own immediately.

-Will my daughter be an American citizen automatically? I keep getting told conflicting things by immigration officers at the airport...one told me that my daughter was already a citizen and I just needed to file for her passport...another told me to file a "report birth abroad"...

Who can I talk to that can dumb it down for me?

I need Immigration for Dummies!

Help, please!

[sheeshkabelle 153]

You need to file for a CR-1 visa for your husband. Once his visa is approved he will be able to work, but not while the visa is in process. The guide here will help you immensely! CR-1/IR-1 guide

You should have filed a Consular Birth Abroad birth certificate for your daughter when she was born in England at the US consulate. If you did not, do it now! That is her proof she is a US Citizen born abroad. With out it she can not get a US passport.

Consular report of birth abroad application

[Nich-Nick 3,354]

Who can I talk to that can dumb it down for me?

I need Immigration for Dummies!

Help, please!

Daughter: You will file a form at the US embassy in London reporting a birth abroad. That will give her a document that can be used like a US birth certificate for getting her a US passport, and any other time later in her life that requires a US birth certificate. She will not need a visa to move to the US because she will travel on an American passport.

Husband: Will get an IR1 visa because you have been married over 2 years. That gives him a 10 year greencard upon entry into the US. (Less than a 2 year marriage is a CR1 visa, C meaning conditional, and a 2 year greencard.) Because his visa is a true immigrant visa (unlike a fiance visa K1), he will be eligible to work as soon as he is admitted to the US on his visa. His social security card and greencard are supposed to be mailed to his US address within weeks.

He can work or do whatever he does now abroad until he enters the US. Once he is a greencard holder (official name LPR), he is expected to live in the US. Trips abroad for less than 6 months are generally no problem. Longer stays away get complicated with re-entry paperwork required and risk of being considered as abandoning his LPR status. [it's complicated and this is a short dumbed down summary.] He can apply for US citizenship three years after becoming a LPR. (Time spent out of the US stops the clock while away, so maybe more than 3 calendar years in your case.) Once he becomes a US citizen he can come and go freely with no time restrictions.

His visa medical and interview will be at the US embassy closest to where you live, even if that is in a country other than the UK. I can't speak with any experience for embassies other than London, but I know if he went through London his visa would likely take longer to receive than average. That would be because of extra security checks (called AP additional processing) London would require because of the many years spent living in the middle east. I don't know if people interviewing at a middle eastern consulate experience extra processing time before the visa is issued or not. I've never studied their timelines.

You will have to prepare an I-864 Affidavit of Support showing you can support a family of three. Normally this would be with evidence of your US tax returns and US job income proof. Since you don't have a US job, your husband will need a joint sponsor like your dad. You will still need evidence of filing your US tax returns, which is required of all US citizens, even those living abroad. If you haven't kept up with that, you could get that started now.

Resources on Visa Journey: Up at the top are some menu links. "Guides" will get you to a page on how to get through the process as a married person going the IR1/CR1 route. "Reviews Embassy" will give you an idea of what people experienced at their interviews at the various consulates. "Embassy Info" will give you a summary of information about the embassy where he will interview.

[cranberryshades 0]

Daughter: You will file a form at the US embassy in London reporting a birth abroad. That will give her a document that can be used like a US birth certificate for getting her a US passport, and any other time later in her life that requires a US birth certificate. She will not need a visa to move to the US because she will travel on an American passport.

Husband: Will get an IR1 visa because you have been married over 2 years. That gives him a 10 year greencard upon entry into the US. (Less than a 2 year marriage is a CR1 visa, C meaning conditional, and a 2 year greencard.) Because his visa is a true immigrant visa (unlike a fiance visa K1), he will be eligible to work as soon as he is admitted to the US on his visa. His social security card and greencard are supposed to be mailed to his US address within weeks.

He can work or do whatever he does now abroad until he enters the US. Once he is a greencard holder (official name LPR), he is expected to live in the US. Trips abroad for less than 6 months are generally no problem. Longer stays away get complicated with re-entry paperwork required and risk of being considered as abandoning his LPR status. [it's complicated and this is a short dumbed down summary.] He can apply for US citizenship three years after becoming a LPR. (Time spent out of the US stops the clock while away, so maybe more than 3 calendar years in your case.) Once he becomes a US citizen he can come and go freely with no time restrictions.

His visa medical and interview will be at the US embassy closest to where you live, even if that is in a country other than the UK. I can't speak with any experience for embassies other than London, but I know if he went through London his visa would likely take longer to receive than average. That would be because of extra security checks (called AP additional processing) London would require because of the many years spent living in the middle east. I don't know if people interviewing at a middle eastern consulate experience extra processing time before the visa is issued or not. I've never studied their timelines.

You will have to prepare an I-864 Affidavit of Support showing you can support a family of three. Normally this would be with evidence of your US tax returns and US job income proof. Since you don't have a US job, your husband will need a joint sponsor like your dad. You will still need evidence of filing your US tax returns, which is required of all US citizens, even those living abroad. If you haven't kept up with that, you could get that started now.

Resources on Visa Journey: Up at the top are some menu links. "Guides" will get you to a page on how to get through the process as a married person going the IR1/CR1 route. "Reviews Embassy" will give you an idea of what people experienced at their interviews at the various consulates. "Embassy Info" will give you a summary of information about the embassy where he will interview.

Thank you for such a detailed reply. You're a great help.

It seems like our best option is to apply from the Middle East.

Do you know if we have to stay in the Middle East till he is approved or can we travel to the UK? Or even to the US? Since he does get entry under the visa waiver program...can we still go to the US if he's waiting for the immigration to come through?

The thing is, we're definitely not wanting to stay in the ME past July...and I wouldn't like to be in the UK for an extended period...

Thanks again!

[cranberryshades 0]

You need to file for a CR-1 visa for your husband. Once his visa is approved he will be able to work, but not while the visa is in process. The guide here will help you immensely! CR-1/IR-1 guide

You should have filed a Consular Birth Abroad birth certificate for your daughter when she was born in England at the US consulate. If you did not, do it now! That is her proof she is a US Citizen born abroad. With out it she can not get a US passport.

Consular report of birth abroad application

Thanks for your help...do you know if we will be able to travel to the US before the visa is approved...since he does have free entry under the visa waiver program....

[Brother Hesekiel 2,236]

He is pre-authorized to travel to the U.S. as part of the VWP but since final admission comes down to the decision of the CBP officer at the airport, it is quite possible that he will be asked to provide proof that he will leave the U.S. once the vacation/visit is over. Keep in mind as the spouse of a U.S. citizen your husband would be eligible to adjust status to that of a resident once inside the U.S., so he definitely will be viewed as a potential immigrant.

[cranberryshades 0]

He is pre-authorized to travel to the U.S. as part of the VWP but since final admission comes down to the decision of the CBP officer at the airport, it is quite possible that he will be asked to provide proof that he will leave the U.S. once the vacation/visit is over. Keep in mind as the spouse of a U.S. citizen your husband would be eligible to adjust status to that of a resident once inside the U.S., so he definitely will be viewed as a potential immigrant.

I was informed that adjustment of status is illegal if he does it within the US...I am completely overwhelmed at this time!

[Darnell 8,479]

Well, click on the 'guides' section here, pick one or more that seems appropriate to your situation,

then

Read it.

Read it again.

Have a warm bath, a glass of wine, then

Read it again.

Adopt a Guide as Yer Temporary Bible.

Use the 'compare' page here.

Study about Consular Record of Birth Abroad (CRBA).

When yer ready, come back with yer questions!!

Welcome to VJ!

[Nich-Nick 3,354]

I was informed that adjustment of status is illegal if he does it within the US...I am completely overwhelmed at this time!

It's about intent. Planning in advance, packing up all your belongings, and entering the US as a tourist with the intention of not leaving is considered fraudulent. It's using a tourist entry/visa waiver with the intention to immigrate, not just go to Disneyland or visit grandma and leave before 90 days. People do adjust status from visa waiver when they have a "sudden change of plans" they weren't planning in advance. If it should be denied for some reason, there is no appeal because it was from VWP. While waiting on a decision he would get in that overstay area where his 90 days was up but he hadn't been approved yet. He should not work or leave the US for the number of months it would take for his application to be approved or denied. If you want to do the strictly up and up path to lawful immigration, then the CR1 is for you. If you have a high risk tolerance, the adjusting from VWP could work out nicely.

Your other questions--The first part of the process is you filing a petition and awaiting months for approval, second part is processing at the National Visa Center (NVC), third part is interview at an embassy. He would need to be in the country of the embassy where you indicate on your initial petition you will be processing abroad. That's where the file will go after NVC. You'll need to study timelines and figure out if you will be in the UK around that time or the middle east or if it matters to you.

Edited November 13, 2011 by Nich-Nick

[Jojo92122 1,924]

Your daughter is a US citizen. Contact the nearest US Embassy to file the CRBA for your daughter and get a US passport for her. A US citizen is required to use a US passport to enter the US - the US citizen cannot use a foreign passport to enter the US. Do not make the mistake that another poster on this forum made; her child was born in England and the child used a UK passport to enter the US, US citizen mom then asserted US citizenship for her child, and is now going through the headache of filing the N-600, etc. It's a lot easier to get the CRBA and US passport then to assert US citizenship after entering on a foreign visa.

Edited November 13, 2011 by Jojo92122

[cranberryshades 0]

It's about intent. Planning in advance, packing up all your belongings, and entering the US as a tourist with the intention of not leaving is considered fraudulent. It's using a tourist entry/visa waiver with the intention to immigrate, not just go to Disneyland or visit grandma and leave before 90 days. People do adjust status from visa waiver when they have a "sudden change of plans" they weren't planning in advance. If it should be denied for some reason, there is no appeal because it was from VWP. While waiting on a decision he would get in that overstay area where his 90 days was up but he hadn't been approved yet. He should not work or leave the US for the number of months it would take for his application to be approved or denied. If you want to do the strictly up and up path to lawful immigration, then the CR1 is for you. If you have a high risk tolerance, the adjusting from VWP could work out nicely.

Your other questions--The first part of the process is you filing a petition and awaiting months for approval, second part is processing at the National Visa Center (NVC), third part is interview at an embassy. He would need to be in the country of the embassy where you indicate on your initial petition you will be processing abroad. That's where the file will go after NVC. You'll need to study timelines and figure out if you will be in the UK around that time or the middle east or if it matters to you.

Thanks Nich-Nick...you're a great help.

Can you explain what this means...

Notice: Effective August 15, 2011, petitioners residing outside the United States will no longer be able to routinely file Forms I-130, Petition for Alien Relative, with U.S. embassies and consulates. Petitioners residing overseas in countries where USCIS does not have a public counter presence will be required to file their Forms I-130 by mail with the USCIS Chicago Lockbox. As part of this change, U.S. embassies and consulates will only be able to accept and process Forms I-130 in exceptional circumstances.

Does that mean I have to mail everything to Chicago but like, wait for an interview here?

Well, click on the 'guides' section here, pick one or more that seems appropriate to your situation,

then

Read it.

Read it again.

Have a warm bath, a glass of wine, then

Read it again.

Adopt a Guide as Yer Temporary Bible.

Use the 'compare' page here.

Study about Consular Record of Birth Abroad (CRBA).

When yer ready, come back with yer questions!!

Welcome to VJ!

Unfortunately I'm experiencing a major mind implosion.

And thanks, VJ seems to be the last life line before I spontaneously combust.

Your daughter is a US citizen. Contact the nearest US Embassy to file the CRBA for your daughter and get a US passport for her. A US citizen is required to use a US passport to enter the US - the US citizen cannot use a foreign passport to enter the US. Do not make the mistake that another poster on this forum made; her child was born in England and the child used a UK passport to enter the US, US citizen mom then asserted US citizenship for her child, and is now going through the headache of filing the N-600, etc. It's a lot easier to get the CRBA and US passport then to assert US citizenship after entering on a foreign visa.

uh-oh.

We've been travelling to the US with her since she was 9 months old!

[Nich-Nick 3,354]

Can you explain what this means...

Notice: Effective August 15, 2011, petitioners residing outside the United States will no longer be able to routinely file Forms I-130, Petition for Alien Relative, with U.S. embassies and consulates. Petitioners residing overseas in countries where USCIS does not have a public counter presence will be required to file their Forms I-130 by mail with the USCIS Chicago Lockbox. As part of this change, U.S. embassies and consulates will only be able to accept and process Forms I-130 in exceptional circumstances.

Does that mean I have to mail everything to Chicago but like, wait for an interview here?

Yes, I can kinda explain. Americans who lived in a foreign country could file their I-130 petition directly at the US embassy in that country and it was often faster than waiting in line with everyone filing through USCIS Chicago Lockbox and waiting on approval from one of the US service centers. It often required a certain period of legal residence (by the US citizen) in that country to qualify...like maybe 6 months. It is called Direct Consular Filing (DCF).

So some background info here: USCIS processes petitions. They hand off the approved petition to the Dept of State via the National Visa Center (NVC). It is the Dept of State that issues visas. DOS is over embassies. So once a petition is sent to NVC, it's no longer with USCIS, but with a totally different government entity, the Dept of State. Are you keeping up??

Review--

petition approval > USCIS (part of Dept of Homeland Security)

visa approval > Embassy (part of Dept of State)

Well when people applied directly to a consulate they were kinda by-passing USCIS in some cases. I know London has a USCIS office inside the embassy. It's like a little USCIS island in the middle of Dept of State/Embassy world. What that notice is saying is, if the consulate in your present country abroad doesn't have it's own "USCIS island" (formally called in the notice a public counter presence, then you can't file at that embassy, but must mail it to the US Chicago Lockbox. Not applying to you, but as an example, it doesn't affect Americans living in the UK because London embassy has a USCIS office. I don't know where you are living or if they even have a US embassy that allowed DCF, much less a formal USCIS office housed there, or if you have legal residence established there to qualify for DCF. So to make things simpler so you don't implode, I would say mail your petition to the Chicago Lockbox.

Edited November 13, 2011 by Nich-Nick

[Nich-Nick 3,354]

If you have been residing in the UK for 6+ months (you will have had to be residing on a long-term stay visa, tourist visa extensions don't count), then that notice does not apply to you. As Nich-Nick explained to you, there is a USCIS office in London and you can file your petition there, you don't have to mail it to Chicago. I disagree with the advice Nich-Nick gave about "mailing it to Chicago anyway." If you qualify to file your petition at the USCIS office in the UK, then you should do so as it will take less time for it to be processed; however, where you file is your call.

She doesn't have residency in the UK. She and her UK husband are resident in the middle east and have been for 3 years. I don't think she qualifies for DCF London because she only visits there.