Need help understanding how to move to US with US husband.

[Bandy 0]

I married my US husband in the UK 4 years ago, in 2-3 years we want to move to US to be with his family. I have 2 children from previous relationship, I was not married to the father and he is not on birth certificate, and I need to get them passports, can I do this without father on the birth certificate? My husband has full custody of his son, (my step-son), the mother is UK citizen, my step-son already has passport, as he has travelled with my husband to US to visit family, also he will be 16 years old when we want to go.

My main concearns are, Can my children move to the US? How many forms need to be filled in? Which forms are these? and when should we start the process to move to US, if we want to be living there in the next 2-3 yeras?

[xjoseyx 19]

The good things is you have plenty of time if you want to move in a few years. Heres some info about which visa might be best for you. I imagine the CR-1 will be best but Im sure someone will correct me if Im wrong

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

When you know which visa you want, there are some really helpful step by step guides on here with all the information about the forms you need. This board really is a lifeline for people going through the US visa route.

[Nich-Nick 3,354]

I married my US husband in the UK 4 years ago, in 2-3 years we want to move to US to be with his family. I have 2 children from previous relationship, I was not married to the father and he is not on birth certificate, and I need to get them passports, can I do this without father on the birth certificate? My husband has full custody of his son, (my step-son), the mother is UK citizen, my step-son already has passport, as he has travelled with my husband to US to visit family, also he will be 16 years old when we want to go.

My main concearns are, Can my children move to the US? How many forms need to be filled in? Which forms are these? and when should we start the process to move to US, if we want to be living there in the next 2-3 yeras?

Your visa will be IR1 which gets you a 10 year greencard instead of the 2 year card for CR1 visas.

Because the US husband resides in the UK, he can send his petition to the USCIS office in London, rather than applying to USCIS in the US. That is called Direct Consular Filing (DCF). Here's the UK process process http://london.usembassy.gov/dhs/uscis/i130filing.html

Visa Journey has a DCF guide but it's written for the whole world and contains info not applicable to London. So read it for general info/overview but don't follow it over what you read on the London Embassy website. Example: It says it only takes weeks to do DCF---not true in London. It says take petitions to embassy--London only accepts mail. VJ guide>> http://www.visajourney.com/content/dcf

His biological son doesn't need a visa. You mentioned his passport...British or US? He is eligible for a US passport and American citizenship so won't get a visa. If he doesn't have his US passport, then there's paperwork that can be done now.

Your husband will file I-130 petitions for you and his stepchildren. Separate petitions/payments for each person. When the petitions are approved, the case goes to the Immigrant Visa Branch in London. That will be another 2-3 month process where you and your children submit visa applications and ultimately interview at the Embassy. Here's that step http://london.usembassy.gov/ivprocess.html and more here http://london.usembassy.gov/ds2001.html

The whole process could take 6 months. Hard to guess and processing times could change drastically 2-3 years from now.

The ages of your children matter. I say this because a young son will get an immediate visa, while a 22 year old son will wait many years. Were they under 18 when you married the US citizen?

Edited March 18, 2012 by Nich-Nick

[BethandBilly 86]

You said the childrens father wasn't on the birth certificate, but he is a part of their life, does he pay child support etc? Is the childrens father aware of your intent to move, is he aware of their existence? I'm not asking these questions to be mean, I just want to make sure their is no way you could be charged with a crime such as Parental Kidnapping. Although their father may not see them, if he is paying child support then he is contributing to his children and has a right to say where they are moved to. Sorry, don't shoot the messenger. Good Luck with your move, I hope it goes without a hitch and you get to the US soon