Moving back to US with British spouse...where to begin?

Hi everyone, I'm a US citizen and I've been living in Newcastle for 4.5 years. My husband (UK citizen) and I got married here in the UK in December 2013. This question has probably been asked before, but we're hoping to get the ball rolling on moving back to the US and are so confused by the green card/visa options for him!

We don't know how long we'd be out there to live, could just be a year or two or could be much longer. We would also be bringing our cat with us. He's visited the US over a dozen times throughout his life because he has a lot of extended family living there. So, he knows very well what's it's like from a holiday/vacation point-of-view but has never actually lived in the states...yet! 

I believe I'll have to fill out an I-130 form at first, but we don't know which option is best. Obviously he wants to be able to work. Do we go for a family-sponsored green card (since spouses are considered relatives in this case) or one of the spousal visa routes? This might be irrelevant but we're planning on a visit in May for 8-9 days, and possibly again in late August/early September, just for a couple of weeks.

Any insight would be appreciated!

You're confusing your options here. The only options you have are spousal visas. Both require the I-130 and the application forms and process is exactly the same.

If you've been married less than two years, you get a CR-1 visa.
If you've been married more than two years, you get an IR-1 visa.

When he enters the US on his visa, that generates the green card request and he is sent his green card -- there's no separate application involved. CR-1 holders receive a conditional, two-year green card where they'll have to apply to have the conditions removed before expiry. IR-1 holders receive a 10-year green card. Both IR-1 and CR-1 holders can work immediately. They are both multiple entry visas so he can travel freely on them until he gets his green card, when he'll travel on that.

Since you live in Britain, you apply via the US consulate here in what is called Direct Consular Filing, which is faster. You would be his sponsor; if you don't meet the income/asset requirements then you'll need a co-sponsor.

We would also be bringing our cat with us. He's visited the US over a dozen times throughout his life because he has a lot of extended family living there. So, he knows very well what's it's like from a holiday/vacation point-of-view but has never actually lived in the states...yet! 

I read this as the cat has visited the US over a dozen times and likes it.  OMG!  I need a nap!   

I read this as the cat has visited the US over a dozen times and likes it.  OMG!  I need a nap!   

Me too! 

Me too! 

Me three! 

(I'm so glad I wasn't the only one!)

You're confusing your options here. The only options you have are spousal visas. Both require the I-130 and the application forms and process is exactly the same.

If you've been married less than two years, you get a CR-1 visa.
If you've been married more than two years, you get an IR-1 visa.

When he enters the US on his visa, that generates the green card request and he is sent his green card -- there's no separate application involved. CR-1 holders receive a conditional, two-year green card where they'll have to apply to have the conditions removed before expiry. IR-1 holders receive a 10-year green card. Both IR-1 and CR-1 holders can work immediately. They are both multiple entry visas so he can travel freely on them until he gets his green card, when he'll travel on that.

Since you live in Britain, you apply via the US consulate here in what is called Direct Consular Filing, which is faster. You would be his sponsor; if you don't meet the income/asset requirements then you'll need a co-sponsor.

I told you I was confused  thank you for clarifying. So, just to confirm, we would send our application materials to the US Consulate in London? We're hoping to get started on the paperwork this weekend. In the event that we don't hear anything back within the next 6-7 weeks (which I'm guessing is probably quite likely) he's OK to travel to and from the US on his passport, correct? It's nice that they accept photocopies of passports and other documents, as opposed to having to send the originals when applying for UK visas, which prevents applicants from international travel in the interim.

I read this as the cat has visited the US over a dozen times and likes it.  OMG!  I need a nap!   

I guess that was poor wording on my part!  As far as I'm aware, Monty has never visited the US, however he was a rescue cat so who knows what he was up to before we adopted him!

So, just to confirm, we would send our application materials to the US Consulate in London?

No, not quite. It's not just a case of mailing an application, there are 2 or 3 steps to the application process and much of it is done in person.

You are looking at it taking a minimum of 6 months with an average of 10 months for the visa to be issued. The US Embassy recommends starting the application process about 10 months before you intend to move to the US.

As I understand it, the process is as follows:

- Send off the I-130 form, which is a petition for you to be able to sponsor a visa for your husband. Though you apply through the US Embassy in London, I believe this is processed in the US and generally takes about 2-4 months to be approved.

- Once the petition has been approved, you can apply for the visa.

- The visa application process will involve a medical exam at an embassy-approved physician in London (costing £245) and an in-person interview (you and your husband) at the US Embassy in London - you should get an appointment letter about a month before your interview.

- Once you have attended the in-person interview, you will need to wait for the visa to be issued.

- Once you have the visa, you can move to the US.

I believe he will be able to travel to the US during the application process (i.e. while you are waiting for the petition to be approved and while they don't have his passport).

See here for more information:
General info: http://london.usembassy.gov/iv/index.html
Filing the Petition: http://london.usembassy.gov/dhs/uscis/i130filing.html
Documents: http://london.usembassy.gov/iv/application_documents.html
Medical exam: http://london.usembassy.gov/iv/medical_examination.html
Attending the interview: http://london.usembassy.gov/iv/attending_interview.html

No, not quite. It's not just a case of mailing an application, there are 2 or 3 steps to the application process and much of it is done in person.

You are looking at it taking a minimum of 6 months with an average of 10 months for the visa to be issued. The US Embassy recommends starting the application process about 10 months before you intend to move to the US.

As I understand it, the process is as follows:

- Send off the I-130 form, which is a petition for you to be able to sponsor a visa for your husband. Though you apply through the US Embassy in London, I believe this is processed in the US and generally takes about 2-4 months to be approved.

- Once the petition has been approved, you can apply for the visa.

- The visa application process will involve a medical exam at an embassy-approved physician in London (costing £245) and an in-person interview (you and your husband) at the US Embassy in London - you should get an appointment letter about a month before your interview.

- Once you have attended the in-person interview, you will need to wait for the visa to be issued.

- Once you have the visa, you can move to the US.

I believe he will be able to travel to the US during the application process (i.e. while you are waiting for the petition to be approved and while they don't have his passport).

See here for more information:
General info: http://london.usembassy.gov/iv/index.html [nofollow]
Filing the Petition: http://london.usembassy.gov/dhs/uscis/i130filing.html [nofollow]
Documents: http://london.usembassy.gov/iv/application_documents.html [nofollow]
Medical exam: http://london.usembassy.gov/iv/medical_examination.html [nofollow]
Attending the interview: http://london.usembassy.gov/iv/attending_interview.html [nofollow]

*sigh* I knew it would be a lengthy process. More reason to get started ASAP I suppose...

Just a few other questions, apologies if they've been addressed previously in the forum but I know the rules get amended fairly often, so I just want to check:

1) We don't have to submit the I-864 form just yet?
2) As long as the passport photos meet US requirements (e.g. 2"x2", white or off-white background, face not obscured, and so forth) could we can get away with taking our own ones using a DSLR camera? Truth be told I haven't really asked around at any local photo place yet, but I don't know of anywhere in the Newcastle area that would produce them off the top of my head.
3) Will the originals of our documents (e.g. marriage certificate, birth certificates) be returned in our SASE?
4) Would a photocopy of my biometric residence permit suffice, or do I need to include the original document?

Thanks in advance 

On a side note, if you haven't naturalised as a UK citizen already, you may want to consider it before you leave. ILR only lasts for 2 years if you leave the country, and you'd have to start completely over on a spouse visa if you wanted to move back after 2 years. Just something else to consider!

On a side note, if you haven't naturalised as a UK citizen already, you may want to consider it before you leave. ILR only lasts for 2 years if you leave the country, and you'd have to start completely over on a spouse visa if you wanted to move back after 2 years. Just something else to consider!

I've looked into naturalization, but is it possible to apply for it if I don't already have ILR? Even if I were granted it, it seems that if you're absent from the UK for prolonged periods of time (which I presumably would be if I were living in the US) it could be subject to cancellation

*sigh* I knew it would be a lengthy process. More reason to get started ASAP I suppose...

Just a few other questions, apologies if they've been addressed previously in the forum but I know the rules get amended fairly often, so I just want to check:

1) We don't have to submit the I-864 form just yet?
2) As long as the passport photos meet US requirements (e.g. 2"x2", white or off-white background, face not obscured, and so forth) could we can get away with taking our own ones using a DSLR camera? Truth be told I haven't really asked around at any local photo place yet, but I don't know of anywhere in the Newcastle area that would produce them off the top of my head.
3) Will the originals of our documents (e.g. marriage certificate, birth certificates) be returned in our SASE?
4) Would a photocopy of my biometric residence permit suffice, or do I need to include the original document?

Thanks in advance 

KSand, the US Embassy in London is a USCIS field office. The I-130 gets processed there. Right now, they're taking about six weeks to process.

To answer the questions:
1. No, the I-864 (and I-864a if you're using co-sponsors) is handed in at the interview.
2. Sure! We did.
3. Yes, originals get returned.
4. Photocopies suffice.

Yes, in the UK, ILR is a requirement for naturalization.

Oh! And yes, he can travel while it's processing. In fact we filed the I-130, moved back to the US the next day, and he just flew back for the interview a few weeks later. Things were being processed very quickly at that time, though, and we could be very confident that the whole thing would be done and dusted within the time frame of a VWP stamp to the US. Which it was -- we filed the I-130 that September and had the approval in January.

Oh, sorry, didn't catch that you were on the new rules and therefore didn't have ILR yet. In which case I would say, you may want to consider getting ILR and citizenship before leaving since you're so close. Since the US process takes so long anyway, it's worth getting yourself sorted here, because if the move went wrong and you wanted to come back, you'd have to start completely over, including your ILR clock. Up to you of course, I've just seen so many people on the forum leave before getting citizenship and their lives are made much harder when they find they want to return and it's become more difficult or even impossible.

I've just seen so many people on the forum leave before getting citizenship and their lives are made much harder when they find they want to return and it's become more difficult or even impossible.

Or -- they just didn't know about the two-years away rule (pre-internet days)

Oh, sorry, didn't catch that you were on the new rules and therefore didn't have ILR yet. In which case I would say, you may want to consider getting ILR and citizenship before leaving since you're so close. Since the US process takes so long anyway, it's worth getting yourself sorted here, because if the move went wrong and you wanted to come back, you'd have to start completely over, including your ILR clock. Up to you of course, I've just seen so many people on the forum leave before getting citizenship and their lives are made much harder when they find they want to return and it's become more difficult or even impossible.

I would like to obtain ILR in advance of our move, but I don't think I'd be eligible until early 2019 (?). I came here on a Tier 4 study visa, then was on PSW for two years, and have been on the partner/spouse visa since February of last year. From my understanding, even though I've been living in the UK for nearly five years, I would have to be living here on that particular type of visa for five years with no interruptions for ILR. Obviously my current visa was issued after July 2012 (the cut-off date) so I'd have to wait five years from February 2014, which would be February 2019: https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-of-a-british-citizen/no/on-a-work-visa/tier-1 [nofollow]