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US citizen married to EU spouse (both living in UK) - we want to move to US

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leshok
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United States of America

US citizen married to EU spouse (both living in UK) - we want to move to US

Post by leshok » Mon May 25, 2020 2:20 pm

Hello,

This forum helped me tremendously the last time I was here. Hopefully you can help again!

What's the best path for my European wife to come to the states?

Background:
>We've been married 2 years.
>We married in Czech Republic and moved to the UK soon after.
>I am a US citizen with a 5-year family visa which allows me to work and live in the UK.
>She is a Czech citizen.
>We have no kids, masters education, she has an ITIN, I have fulltime work in the UK and a few clients in the US (so I am still paying taxes). She's currently unemployed.
>She is also 2 years away from getting UK settled status so we can come back (and eventually, British citizenship).
>She's visited the US 3x with me.

If we wanted to move to the US for at least a year, what would we have to do?:
1. Would it be better to apply from abroad (London)? A. From what I read, it might be quicker.
1.a. Do we have to move immediately if she gets approved? A. Can't find this answer but I swear I saw "within 6 months" somewhere.
1.b. Could we apply from London and move to the US while the case is pending? Could we visit? A. Yes, case has to be pending.
2. Could we both move to the US and apply? A. Yes, I don't know if it's easier though.
2.a. Can she work while we wait in the US? A. Yes.
3. Can we travel back and forth before she gets approved? And after? A. Yes, less than 6mo.
3.a. For instance, her case could be pending but we visit her parents and come back to the US.
4. Is a greencard what she needs first? A. Not sure.

I know it's a lot to ask which is why we might just pay someone to help us... I put my answers above but I'm not sure they're all correct. Most likely we will apply from London and wait until we get a yes, then move once she has UK settled status... If we can.
Thank you!

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Zerubbabel
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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by Zerubbabel » Mon May 25, 2020 2:35 pm

She is also 2 years away from getting UK settled status so we can come back (and eventually, British citizenship).
If you leave to settle in the UK, you won't be able to maintain a footprint to get later a permanent residence then British Citizenship.

leshok
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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by leshok » Mon May 25, 2020 4:40 pm

Zerubbabel wrote:
Mon May 25, 2020 2:35 pm
She is also 2 years away from getting UK settled status so we can come back (and eventually, British citizenship).
If you leave to settle in the UK, you won't be able to maintain a footprint to get later a permanent residence then British Citizenship.
2 years from now she will have permanent residence/indefinite leave to remain which allows her to leave up to 5 years. Maybe I mixed up the terminology?

https://www.gov.uk/settled-status-eu-ci ... -to-remain

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Zerubbabel
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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by Zerubbabel » Mon May 25, 2020 4:48 pm

If you stay in the UK for 2 more years, yes, she will be able to apply for the Settled status.

However, you leave the UK now to reside in the US, she won't be able to apply for Settled status and British citizenship.

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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by FXR_1340 » Mon May 25, 2020 7:10 pm

My USC wife and I (UKC) are currently applying to immigrate to USA. We applied via the US Embassy in London which in normal times gets the process done in 90 days - unfortunately these are not normal times and the Embassy is currently closed pending possible reopening June 4th. This method was called Direct Consular Filing (DCF). This route closed on March 31st 2020.

As far as I know, the option now is to apply online at the USCIS Website https://www.uscis.gov The time frame for this I am unsure of however it may be a number of months.

There are dedicated US immigration forums on the web with much more knowledgable people than I to give advice. I think forum rules here may not permit posting URLs but try a search for xxxxxx Google is most definately your friend

Good luck.

Moderator edit

leshok
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Posts: 14
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United States of America

Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by leshok » Tue May 26, 2020 10:31 am

FXR_1340 wrote:
Mon May 25, 2020 7:10 pm
My USC wife and I (UKC) are currently applying to immigrate to USA. We applied via the US Embassy in London which in normal times gets the process done in 90 days - unfortunately these are not normal times and the Embassy is currently closed pending possible reopening June 4th. This method was called Direct Consular Filing (DCF). This route closed on March 31st 2020.

As far as I know, the option now is to apply online at the USCIS Website https://www.uscis.gov The time frame for this I am unsure of however it may be a number of months.

There are dedicated US immigration forums on the web with much more knowledgable people than I to give advice. I think forum rules here may not permit posting URLs but try a search for xxxxxx Google is most definately your friend

Good luck.
Oh wow... That's unfortunate (closing). Thanks for pointing me to that website. I will ask on there and checkout the uscis.gov site. It looks like I can apply for the I-130 on that website and go from there.

Thank you

FXR_1340
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Posts: 298
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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by FXR_1340 » Tue May 26, 2020 6:50 pm

leshok wrote:
Tue May 26, 2020 10:31 am
FXR_1340 wrote:
Mon May 25, 2020 7:10 pm
My USC wife and I (UKC) are currently applying to immigrate to USA. We applied via the US Embassy in London which in normal times gets the process done in 90 days - unfortunately these are not normal times and the Embassy is currently closed pending possible reopening June 4th. This method was called Direct Consular Filing (DCF). This route closed on March 31st 2020.

As far as I know, the option now is to apply online at the USCIS Website https://www.uscis.gov The time frame for this I am unsure of however it may be a number of months.

There are dedicated US immigration forums on the web with much more knowledgable people than I to give advice. I think forum rules here may not permit posting URLs but try a search for xxxxx. Google is most definately your friend

Good luck.
Oh wow... That's unfortunate (closing). Thanks for pointing me to that website. I will ask on there and checkout the uscis.gov site. It looks like I can apply for the I-130 on that website and go from there.

Thank you
Aye. Closing the Field Offices will impact on many. Shame really.

Another website with much traffic ref US Immigration is xxxxx. But please, I urge you not to turn your back on this site. It is full of very informed and knowledgeable people and can be most intetesting. My wife and I owe this website so much as many guided us through the minefield that is the UK Immigration process.

Good luck.

Moderator edit.

leshok
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Posts: 14
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Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by leshok » Wed May 27, 2020 9:14 am

FXR_1340 wrote:
Tue May 26, 2020 6:50 pm
leshok wrote:
Tue May 26, 2020 10:31 am
FXR_1340 wrote:
Mon May 25, 2020 7:10 pm
My USC wife and I (UKC) are currently applying to immigrate to USA. We applied via the US Embassy in London which in normal times gets the process done in 90 days - unfortunately these are not normal times and the Embassy is currently closed pending possible reopening June 4th. This method was called Direct Consular Filing (DCF). This route closed on March 31st 2020.

As far as I know, the option now is to apply online at the USCIS Website https://www.uscis.gov The time frame for this I am unsure of however it may be a number of months.

There are dedicated US immigration forums on the web with much more knowledgable people than I to give advice. I think forum rules here may not permit posting URLs but try a search for xxxxx. Google is most definately your friend

Good luck.
Oh wow... That's unfortunate (closing). Thanks for pointing me to that website. I will ask on there and checkout the uscis.gov site. It looks like I can apply for the I-130 on that website and go from there.

Thank you
Aye. Closing the Field Offices will impact on many. Shame really.

Another website with much traffic ref US Immigration is xxxxx But please, I urge you not to turn your back on this site. It is full of very informed and knowledgeable people and can be most intetesting. My wife and I owe this website so much as many guided us through the minefield that is the UK Immigration process.

Good luck.
Thanks - and I know, lots of good info here. It helped me tremendously when I was making my way to the UK from Czech... which now feels like a lifetime ago.

FXR_1340
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Posts: 298
Joined: Tue Oct 18, 2016 7:53 pm
Scotland

Re: US citizen married to EU spouse (both living in UK) - we want to move to US

Post by FXR_1340 » Wed May 27, 2020 9:40 am

leshok wrote:
Wed May 27, 2020 9:14 am
FXR_1340 wrote:
Tue May 26, 2020 6:50 pm
leshok wrote:
Tue May 26, 2020 10:31 am
FXR_1340 wrote:
Mon May 25, 2020 7:10 pm
My USC wife and I (UKC) are currently applying to immigrate to USA. We applied via the US Embassy in London which in normal times gets the process done in 90 days - unfortunately these are not normal times and the Embassy is currently closed pending possible reopening June 4th. This method was called Direct Consular Filing (DCF). This route closed on March 31st 2020.

As far as I know, the option now is to apply online at the USCIS Website https://www.uscis.gov The time frame for this I am unsure of however it may be a number of months.

There are dedicated US immigration forums on the web with much more knowledgable people than I to give advice. I think forum rules here may not permit posting URLs but try a search for xxxxx Google is most definately your friend

Good luck.
Oh wow... That's unfortunate (closing). Thanks for pointing me to that website. I will ask on there and checkout the uscis.gov site. It looks like I can apply for the I-130 on that website and go from there.

Thank you
Aye. Closing the Field Offices will impact on many. Shame really.

Another website with much traffic ref US Immigration is xxxxx. But please, I urge you not to turn your back on this site. It is full of very informed and knowledgeable people and can be most intetesting. My wife and I owe this website so much as many guided us through the minefield that is the UK Immigration process.

Good luck.
Thanks - and I know, lots of good info here. It helped me tremendously when I was making my way to the UK from Czech... which now feels like a lifetime ago.
Pleased to see you found it.

Good luck

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