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B2 Visa to US from UK - British Commonwealth Citizen, with a Trinidadian Passport

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Filed: Timeline
Posted (edited)

Hello all!

I am a US citizen who has used VJ in the past to bring my UK fiancee over on a K1 visa. We are legally married and my wife has her conditional green card.

Now, we are having a large wedding ceremony for family in August, and my fiancee's British family is visiting with ESTAs. The only issue is, my mother-in-law (her mom!) has a Trinidadian passport! This woman has lived in the England for 20+ years, is married to a British man, has British children and grandchildren, and is considered a British Commonwealth Citizen. She never bothered to get a British passport when she was able, and now we are not sure if she is able to get one.

From my understanding, she has to apply for a B2 visa by filling out the DS-160 form, then pay a visa fee and schedule an appointment at the US Embassy in London. Is this correct? That even though she has a Trinidadian passport, she can do everything in London and through the US Embassy in London? Her home address is in England, just passport info is Trinidadian.

I did read that she would need to provide: "Evidence of your status in the United Kingdom, if you are not a U.K or EU passport holder;" I assume this means marriage certificate, home title, car title, photos, etc.?

Thanks for reading! I believe I have the right idea of what to do but want to be sure. xx

Edited by ESUK
Filed: Timeline
Posted (edited)

If she's a legal resident, she can have things done in the UK. However, if she's a citizen (not just resident) why not get an EU passport so that she can travel via vwp?

I'm not exactly sure of the complexities of her getting a UK passport. The family, for some reason, believes that at one time she was able to qualify for a passport, but now is unable to? I am not sure on this, and I find the Commonwealth Citizen status confusing, I thought it had meant she has a right to vote but not sure if she can have same rights to passport/ESTA/etc. I'm a US citizen and the process of bringing my British wife over was hard enough to try to understand!

My mother-in-law, I believe, also may want to hold onto her Trinidadian passport for sentimental reasons. She just renewed her Trinidadian passport.

We are hoping that if she is granted a B2 visa, it would be a 10-year multiple entry visa in which she could take a few trips over the years.

Edited by ESUK
Posted

She will need to show her Certificate of Entitlement as proof of her legal status in the UK. Although not a full British citizen, she has right of abode here. She won't be able to get a British passport anymore. That changed in 2002, I believe.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Timeline
Posted (edited)

She will need to show her Certificate of Entitlement as proof of her legal status in the UK. Although not a full British citizen, she has right of abode here. She won't be able to get a British passport anymore. That changed in 2002, I believe.

I am not sure she has the exact Certificate (I have sent her a message to ask), but I do know that she has the right as she was a Commonwealth citizen before 1982 and she has marriage, insurance, etc. everything British. In reading about getting a Certificate, it can take about six months... time we don't exactly have. Would it be absolutely required for her B2 visa? If she brought her birth certificate (Trinidad, issued before 1982) and marriage certificate and all of her national ID info, would she still be able to be approved? Argh. This is why the family had wished she had just gotten a British passport when she could have...

Edited by ESUK
Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

Why doesn't she just try applying for the passport and see what happens?

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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