American born abroad (UK) and UK wife - can we move across together and petition from the USA

[Jessica A 2]

My husband is half American half british

 

I am British 

 

we are marrued

we find it bonkers that we can’t be together during the visa process but a fiancé can!? Or am I misunderstanding the process??

 

how can we move across together?

he has a company who will transfer him to their US office, and we have found somewhere where we can live

I have family in the USA too 

 

will we really have to be apart for over a year, I don’t think we can afford to maintain two homes etc.

surely the system has to be better than this? But I think I’m misunderstanding it?

 

thank you 

[SansTortoise 20]

If he has a firm job offer you could potentially use direct consular filing, which is faster. Otherwise, it’s around a 2 year wait.

[appleblossom 2,394]

14 minutes ago, Jessica A said:

My husband is half American half british

 

I am British 

 

we are marrued

we find it bonkers that we can’t be together during the visa process but a fiancé can!? Or am I misunderstanding the process??

 

how can we move across together?

he has a company who will transfer him to their US office, and we have found somewhere where we can live

I have family in the USA too 

 

will we really have to be apart for over a year, I don’t think we can afford to maintain two homes etc.

surely the system has to be better than this? But I think I’m misunderstanding it?

 

thank you 

 

If you're both in the UK then why do you think you have to be apart? He can petition you from the UK and you then move together. He has to show his intent to move as part of the process, but confirmation of a job waiting for him in the US and email exchanges with realtors or similar would do that. 

 

If he has a job offer, you may also want to look in to DCF which would be quicker, if you're in any hurry to move.

 

Good luck.  

[JeanneAdil 6,467]

its the same for spouse or fiancee

its a matter of having US income 

and filing US tax returns of the USC

[Crazy Cat 41,722]

16 minutes ago, Jessica A said:

Or am I misunderstanding the process??

Neither a fiance nor a spouse can live in the US until a proper visa has been issued.  Visiting during the process is allowed (with a proper entry document) during the process.

[appleblossom 2,394]

Might be worth having another read of your previous thread, as domicile was mentioned in that - 

Has he caught up on his missing tax returns?

 

 

[Crazy Cat 41,722]

19 minutes ago, Jessica A said:

we find it bonkers that we can’t be together during the visa process but a fiancé can!?

That is not accurate.

[Jessica A 2]

20 minutes ago, SansTortoise said:

If he has a firm job offer you could potentially use direct consular filing, which is faster. Otherwise, it’s around a 2 year wait.

What is direct consular filing?

can he and I do that from the USA?

as he has established residency and his company is transferring him

 

so either I go and we try and convert from a visitor visa

pr I have to what, live in London and wait? 
 

the only way to do it seems was to make sure he was properly moved… so what, I stay behind?

a finance can come in and stay but a spouse can’t? That seems backwards and really wrong 

18 minutes ago, Crazy Cat said:

That is not accurate.

How so please? People move to the USA on finance visa all the time. Then they get married and live there 

 

why can’t we do similar because we are already in a committed marriage 

[Jessica A 2]

21 minutes ago, appleblossom said:

 

If you're both in the UK then why do you think you have to be apart? He can petition you from the UK and you then move together. He has to show his intent to move as part of the process, but confirmation of a job waiting for him in the US and email exchanges with realtors or similar would do that. 

 

If he has a job offer, you may also want to look in to DCF which would be quicker, if you're in any hurry to move.

 

Good luck.  

I will look into this DCF - is that direct consular filing? Do I/we do it from the UsA?

Because his company want to transfer him asap which is why he/we found a place to live! 

[appleblossom 2,394]

1 minute ago, Jessica A said:

What is direct consular filing?

can he and I do that from the USA?

as he has established residency and his company is transferring him

 

so either I go and we try and convert from a visitor visa

pr I have to what, live in London and wait? 
 

the only way to do it seems was to make sure he was properly moved… so what, I stay behind?

a finance can come in and stay but a spouse can’t? That seems backwards and really wrong 

How so please? People move to the USA on finance visa all the time. Then they get married and live there 

 

why can’t we do similar because we are already in a committed marriage 

 

Again, why do you think he has to move ahead of you? That's not correct. You can't 'convert from a visitor visa', that's visa fraud and illegal.

 

However you do it (via normal consular processing, or DCF) then you can apply from the UK, and you both move together once you have your visa in hand. 

[appleblossom 2,394]

Just now, Jessica A said:

I will look into this DCF - is that direct consular filing? Do I/we do it from the UsA?

Because his company want to transfer him asap which is why he/we found a place to live! 

 

Yes, Direct Consular Filing. As he has a job offer he should be eligible for it, and it'll mean the process is much quicker than the standard 18 months to 2 years. 

 

Has he filed his taxes as mentioned in your previous thread?

[Crazy Cat 41,722]

2 minutes ago, Jessica A said:

why can’t we do similar because we are already in a committed marriage

Neither a fiance nor a spouse can live in the US during the visa process.  Both require a visa be obtained outside the US. 

[Crazy Cat 41,722]

5 minutes ago, Jessica A said:

and convert from a visitor visa

That would be fraud.  You cannot enter the US as a visitor with intent to stay and adjust status. 

[Crazy Cat 41,722]

10 minutes ago, Jessica A said:

a finance can come in and stay but a spouse can’t? That seems backwards and really wrong 

A fiance must be issued a proper visa before moving to the US...exactly the same as a spouse. 

The big difference is that a spouse is a legal resident upon entering the US.   A fiance, on the other hand, must marry, then apply to become a legal resident. 

Edited July 30 by Crazy Cat

[Dashinka 24,448]

59 minutes ago, Jessica A said:

My husband is half American half british

 

I am British 

 

we are marrued

we find it bonkers that we can’t be together during the visa process but a fiancé can!? Or am I misunderstanding the process??

Not accurate.  Actually, you can stay together while the visa process is occurring.

59 minutes ago, Jessica A said:

 

how can we move across together?

he has a company who will transfer him to their US office, and we have found somewhere where we can live

Has you USC husband already filed and I130 for you?  If not, check into DCF.

59 minutes ago, Jessica A said:

I have family in the USA too 

 

will we really have to be apart for over a year, I don’t think we can afford to maintain two homes etc.

Nope, you can stay together as long as he can convince the consulate he has evidence of his intent to establish domicile in the US as a USC.  You can actually come together after the visa is issued, the only rule is he will have to enter the US first or at the same time as you.

59 minutes ago, Jessica A said:

surely the system has to be better than this? But I think I’m misunderstanding it?

 

thank you 

I think the other thread from March answered much of this, the only difference is it appears the USC spouse will be able to transfer work.

 

Good Luck!