Bringing my British husband to the US

[ermasdaughter 0]

I am an American citizen. My husband and I have lived in Spain for 12 years. We have one autistic son. I've been a homemaker taking care of our son since he was born. We decided to move back to the US and my son and I came home early so that I could get him enrolled in a school. I understand that I can file both a I-130 and I-485 at the same time if my husband is in the country. Here are my questions:

1) How does my husband enter the US if his intention is to stay with us.

2) He is the "bread winner" so how do I "sponsor" him in light of that fact?

Given that we have a child with autism it's impossible for us to be apart. Any advice on bringing our family back together as quickly as possible would be most appreciated.

Thank you!

[canadian_wife 1,829]

1) He cannot. Your husband cannot enter as a 'tourist' with intentions of staying. That is visa fraud. You'll have to start the process with him overseas.

2) you will probably have to find a co-sponsor. You can read the requirements in the I864 instructions.

I suggest you start by reading the guides listed in the link above.

good luck

[Boiler 46,147]

You do not need to adjust status, you go the IR1 route, which starts with the I 130. He enters with an immigrant visa and becomes a Permanent Resident.

You will need a co sponsor, somebody in the US, Family Friends whatever who does have the income. You can also use assets, see I 864.

Be warned this is not a quick process, a year seems to be the going time.

[ermasdaughter 0]

Canadian Wife, thank you! I do understand that he cannot enter on a tourist visa but then how does he enter?

[Boiler 46,147]

With an Immigrant Visa.

[canadian_wife 1,829]

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

Follow the guides to obtain an immigrant visa

good luck

[ermasdaughter 0]

Does that mean we could potentially be apart for a year? That' can't be what the government does... really !?!?!?

[belinda63 3,047]

You are going to need proof of domicile and a joint sponsor for the paperwork. With this you can remain overseas with him while the petition is processing and enter the US with him (or prior to him) when he has his immigrant visa.

[Boiler 46,147]

Does that mean we could potentially be apart for a year? That' can't be what the government does... really !?!?!?

You can visit.

On the basis that they have done this for as long as I am aware of, and chose not to change it then yes.

Edited August 25, 2014 by Boiler

[ermasdaughter 0]

That's stunning. I have no idea how we'll manage that! Thanks for your help - I really appreciate it.

TIme to hire a lawyer.

[belinda63 3,047]

Hire an attorney if you don't feel confident filing the papers yourself. As for speeding up the process they can do nothing to make it go faster and they usually slow it down.

After you file the I-130 you could try for an expedite based on your child's needs.

[ermasdaughter 0]

I do feel comfortable filing the paperwork. I was just wondering if a lawyer might help. But that's helpful advise re the lawyer. I called the USCIS and they said send in a letter explaining our situation and send a copy of my sons diagnosis. Thanks again....

[Nick&Diane 32]

Hi. I'm a Brit, my husband has UK/US dual citizenship. I'm sorry to confirm that the IR1 visa process does take about a year - Nick first petitioned for me in September 2013, I'm not expecting to have a visa in hand until December.

Double check that you can't file directly with the Spanish US Embassy - Direct Consular Filing (DCF). Though since you are no longer resident in Spain, most likely you cannot.

Your initial petition will be with USCIS - you should apply for an expedite based on your family situation. Once through USCIS, your petition is forwarded to the National Visa Center (NVC) - you will have to apply for expedite again at this stage.

To avoid delays further on in the process, make sure you are up to date with filing your taxes. You must have filed Federal Income Tax Returns for the most recent three tax years. You should have filed as 'married filing separately'. This caught us out and has caused a significant delay in our case.

Find someone willing to co-sponsor - make sure they are up to date with their taxes and willing to submit all the documentation required. Obviously they must also be willing to sponsor your husband for ten years.

In the meantime, your husband can visit you through the Visa Waiver Program for up to 90 days per visit. He may be closely scrutinised at the border and can be turned away (hence his eligibility to travel on the VWP would be revoked permanently) so he should always travel with evidence of strong ties to his country of residence (employment, rental/mortgage agreement, car ownership, bank accounts, etc.). He should also be able to demonstrate that he understands the terms of the visa waiver program, he understands that he cannot adjust his residential status once in the US and that he is in the process of obtaining an immigrant visa to join you.

I have been lucky enough with flexible employment arrangements and a great boss to have been able to take a couple of extended visits to the US to break up the last year. I haven't had any problems on the border.

Good luck - I hope you are successful in applying for an expedite and that you are reunited soon.

[nobbie 105]

I dont see why he could not visit on an ESTA while the process is ongoing, he will need to show CBP he will return after 90 days or whatever they give him on entry.

[cocolucho 35]

That's stunning. I have no idea how we'll manage that! Thanks for your help - I really appreciate it.

TIme to hire a lawyer.

Another thought is you could investigate about DCF - direct consular filing in London, but you have to be living in London to do this (legal resident there in order to file) See the links below:

http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

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

If you consult with a lawyer maybe you should ask about your possible options.