Help please 🙂, feeling overwhelmed

[lvjeremylv 10]

Hi everyone,

 

First off let me say thank you to the people that put sites like this one together and to those that spend their time providing much needed information to those in need of it. Often your words of advice and encouragement are invaluable, so well done.

 

Ok. I'm new to this site but I'm not new to immigration forums. Without too much detail here's my story....

 

I'm a US citizen married to my UK citizen wife. We met when I was in the US and we were in a long distance relationship for 5 years. We got married in 2017 and I moved to the UK on a spouse visa. I subsequently obtained further leave to remain (FLR(M)), and in just a couple of months I'll be filing for my indefinite leave to remain (ILR) and once that's completed, I'll be applying for British citizenship. Once that's done, we want to move to the US.

 

So a few questions. I have read conflicting information about how exactly we can go about doing this. I believe the first step is filing the I-130 online. Is that correct?

 

Some places seem to suggest we could travel to the US together and file the I-130 as well as the I-485 (Adjustment of Status) at the same time. But then others say no, we would have to file the I-130 while here in the UK, wait for it to be processed, go to the consulate, and go through the procedure while remaining in the UK.

 

A lot of conflicting information and it's hard to know what's true and what's not. Any details that you could provide would be greatly appreciated. Basically what we want is to move to the US as soon as possible and (ideally) without having to be apart for the process.

 

I will have more questions but I'll await some feedback. Thank you very much in advance!

 

Jeremy

Edited August 29, 2022 by lvjeremylv

[Dashinka 24,498]

2 minutes ago, lvjeremylv said:

Hi everyone,

 

First off let me say thank you to the people that put sites like this one together and to those that spend their time providing much needed information to those in need of it. Often your words of advice and encouragement are invaluable, so well done.

 

Ok. I'm new to this site but I'm not new to immigration forums. Without too much detail here's my story....

 

I'm a US citizen married to my UK citizen wife. We met when I was in the US and we were in a long distance relationship for 5 years. We got married in 2017 and I moved to the UK on a spouse visa. I subsequently obtained further leave to remain (FLR(M)), and in just a couple of months I'll be filing for my indefinite leave to remain (ILR) and once that's completed, I'll be applying for British citizenship. Once that's done, we want to move to the US.

 

So a few questions. I have read conflicting information about how exactly we can go about doing this. I believe the first step is filing the I-130 online. Is that correct?

Correct

2 minutes ago, lvjeremylv said:

 

Some places seem to suggest we could travel to the US together and file the I-130 as well as the I-485 (Adjustment of Status) at the same time. But then others say no, we would have to file the I-130 while here in the UK, wait for it to be processed, go to the consulate, and go through the procedure while remaining in the UK.

Not an option.  Traveling to the US with the preconceived intent to stay and adjust status is considered immigration fraud.

2 minutes ago, lvjeremylv said:

 

A lot of conducting information and it's hard to know what's true and what's not. Any details that you could provide would be greatly appreciated. Basically what we want is to move to the US as soon as possible and (ideally) without having to be apart for the process.

 

I will have more questions but I'll await some feedback. Thank you very much in advance!

 

Jeremy

Good Luck!

[Crazy Cat 41,856]

26 minutes ago, lvjeremylv said:

Hi everyone,

 

First off let me say thank you to the people that put sites like this one together and to those that spend their time providing much needed information to those in need of it. Often your words of advice and encouragement are invaluable, so well done.

 

Ok. I'm new to this site but I'm not new to immigration forums. Without too much detail here's my story....

 

I'm a US citizen married to my UK citizen wife. We met when I was in the US and we were in a long distance relationship for 5 years. We got married in 2017 and I moved to the UK on a spouse visa. I subsequently obtained further leave to remain (FLR(M)), and in just a couple of months I'll be filing for my indefinite leave to remain (ILR) and once that's completed, I'll be applying for British citizenship. Once that's done, we want to move to the US.

 

So a few questions. I have read conflicting information about how exactly we can go about doing this. I believe the first step is filing the I-130 online. Is that correct?

 

Some places seem to suggest we could travel to the US together and file the I-130 as well as the I-485 (Adjustment of Status) at the same time. But then others say no, we would have to file the I-130 while here in the UK, wait for it to be processed, go to the consulate, and go through the procedure while remaining in the UK.

 

A lot of conflicting information and it's hard to know what's true and what's not. Any details that you could provide would be greatly appreciated. Basically what we want is to move to the US as soon as possible and (ideally) without having to be apart for the process.

 

I will have more questions but I'll await some feedback. Thank you very much in advance!

 

Jeremy

A person cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.    The legal spousal visa process is detailed here:

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

Edited August 29, 2022 by Crazy Cat

[lvjeremylv 10]

21 minutes ago, Dashinka said:

Correct

Not an option.  Traveling to the US with the preconceived intent to stay and adjust status is considered immigration fraud.

Good Luck!

I figured it was too good to be true lol. But we'll be able to do everything while we're both here in the UK, right? I won't have to be present in the States to do anything during the process? Like I said, ideally we don't want to be separated again. But if it was necessary to complete the process then it could be arranged.

[lvjeremylv 10]

18 minutes ago, Crazy Cat said:

A person cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.    The legal spousal process is detailed here:

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

Thanks for the link! Right now I'm at the stage where I'm reading so much information that it feels like I can't make heads or tails out of it. A step by step outline is just what I need 👍

[Crazy Cat 41,856]

1 minute ago, lvjeremylv said:

I figured it was too good to be true lol. But we'll be able to do everything while we're both here in the UK, right? I won't have to be present in the States to do anything during the process? Like I said, ideally we don't want to be separated again. But if it was necessary to complete the process then it could be arranged.

You will have to show the intent to re-establish domicile in the US....and you will have to show evidence that you have the ability to support the new immigrant by sufficient income after relocating and/or sufficient assets.

1 minute ago, lvjeremylv said:

Thanks for the link! Right now I'm at the stage where I'm reading so much information that it feels like I can't make heads or tails out of it. A step by step outline is just what I need 👍

Visa Journey is the very best source of ACCURATE immigration information, imo. 

[Boiler 45,516]

How long do you expect it to be before you want to move? Sounds like you have plenty on your plate before that becomes possible 

[lvjeremylv 10]

Just now, Boiler said:

How long do you expect it to be before you want to move? Sounds like you have plenty on your plate before that becomes possible 

I was hoping a year. That's looking questionable at best based on what I've been reading today....

 

And yes. More on my plate than I want.

[lvjeremylv 10]

33 minutes ago, Crazy Cat said:

You will have to show the intent to re-establish domicile in the US....and you will have to show evidence that you have the ability to support the new immigrant by sufficient income after relocating and/or sufficient assets.

Visa Journey is the very best source of ACCURATE immigration information, imo. 

I have a job basically waiting for me, which will pay plenty to fulfill the requirement. Without having started the job already, what will be required? A letter from the company stating by salary, a start date, etc? Would that suffice?

 

And we'd likely have to get a place at a short term rental when we first get there. Will as place like that suffice?

[Crazy Cat 41,856]

The place where you live in the US is not important.  However, you need to show evidence of CURRENT income.  A job offer does not really fill that requirement. You could get a qualified joint sponsor who has domicile in the US to fulfill the financial support evidence requirement. 

[Dashinka 24,498]

10 minutes ago, lvjeremylv said:

I have a job basically waiting for me, which will pay plenty to fulfill the requirement. Without having started the job already, what will be required? A letter from the company stating by salary, a start date, etc? Would that suffice?

 

And we'd likely have to get a place at a short term rental when we first get there. Will as place like that suffice?

If you have a job waiting for you, you may have the option to see if the US Consulate will accept the I130 for consular processing.  This used to be termed "Direct Consular Filing", and was very common for USC's living abroad with their foreign spouses, but now consulates only accept the I130s under exceptional circumstances and immediate need for the USC to relocate for work seems to be one of the most common reasons.

 

Good Luck!

[lvjeremylv 10]

2 minutes ago, Crazy Cat said:

The place where you live in the US is not important.  However, you need to show evidence of CURRENT income.  A job offer does not really fill that requirement. You could get a qualified joint sponsor who has domicile in the US to fulfill the financial support evidence requirement. 

Gotcha. My mother to the rescue lol.

 

Just going through the I-130. The question asks where my beneficiary intends to live in the US. Well, we don't know exactly. Should I just put my mom's address? Since that could ultimately end up being where we go at first anyway....

[Crazy Cat 41,856]

2 minutes ago, lvjeremylv said:

Should I just put my mom's address? Since that could ultimately end up being where we go at first anyway....

Yes.

[SalishSea 17,829]

9 hours ago, lvjeremylv said:

I was hoping a year. That's looking questionable at best based on what I've been reading today....

 

And yes. More on my plate than I want.

Would take more like two years, realistically.

[lvjeremylv 10]

2 hours ago, Jorgedig said:

Would take more like two years, realistically.

2 years, wow. Does anyone else concur?

 

That would be less than ideal....