Residence in the U.S. required for the U.S. husband?

[Jasonallister 0]

I (U.S. citizen) have been married to my wife (U.K. citizen) for 5 years now. We have been living in the U.K. during this time, since I am working here.

 

We want to apply for her U.S. greencard now and plan to move back to the U.S. in the future.

 

Am I required to live in the U.S. as the husband while she is applying for a permanent residency card?

 

[bf__ 501]

I’m not an expert on this topic, but look into Direct Consular Filing with a Cr-1 Visa. This might be what you’re looking for 

[geowrian 22,337]

You can do DCF if going through London. Sounds like this applies to you so long as you marry first. ETA: a few months versus ~8-12 months for a K-1.

 

The USC will be required to establish US domicile (or show sufficient intent to establish US domicile) before the visa will be approved.

Also, what is the plan for the I-864 (Affidavit of Support)? You will need either income that will continue from the same source, assets, moving to the US and getting a job first, or finding a joint sponsor.

[rmc 3]

My husband was just approved at interview via DCF in London. I have also lived in the UK for five years and will move back to the states with him when we get his passport back.

 

As others have mentioned, the requirements state you need evidence of intent to re-domicile and a joint sponsor, unless you are keeping your same job, already have a job in the US, or have $60K+ in assets. None of these applied for me so I had a joint sponsor ready plus an "intent to domicile" letter.

 

In the letter I outlined that I have maintained my drivers license and a couple bank accounts, plus included correspondence about staying with my mom when we first arrive and selling our house in the UK...in the end this was not needed as the only question he asked was, "what's the plan for going back to US?" He was satisfied with me stating we were going to stay at mom's and look for work.

 

He also gave back our joint sponsor I-864 and said he was satisfied with my affadavit...still not sure how I got away with this as my last three tax returns show a whopping $20 of US-based income.

 

In short, you'll need to get your paperwork in order, but London will not make you move back to the US ahead of your wife.

Edited November 22, 2018 by rmc
clarity

[Jasonallister 0]

Thanks for all the quick responses. Sounds great.

 

From what I understand, from there it goes like: If we remain married and living with each other for three years from the date of our approval for residence,  she can apply for U.S. citizenship.

 

Do we have to permanently live in the U.S. during these three years? I am asking since my job might require another tour in a foreign country.

 

 

[rmc 3]

Have a look at https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

Generally your wife would need to "have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application", but there is an exception if your job is military/government and will take you abroad for 1 year or more.

 

[geowrian 22,337]

11 hours ago, Jasonallister said:

From what I understand, from there it goes like: If we remain married and living with each other for three years from the date of our approval for residence,  she can apply for U.S. citizenship.

Three years from the date of entry on the immigrant visa in your case (not just approval).

 

11 hours ago, Jasonallister said:

Do we have to permanently live in the U.S. during these three years? I am asking since my job might require another tour in a foreign country.

Generally, yes. There are physical presence and continuous residence requirements.

There are exceptions for military orders, as outlined above.

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[Jasonallister 0]

Great information. Thank you!