Moving Back - What comes first?

Hubby and I are tentatively talking about moving back the US.  Unfortunately moving back will require the security of him having a job.  So, do we start the visa/green card application process first, or does he start looking for a job, telling potential employers that he's married to a US citizen and it won't be a problem?

If we started the process first, how do we get around the financial support issues?  My parents can sponsor us and I'm sure they won't have a problem, but is there another way?

Hi.

  I have just filed my request with the USCIS in London.  The first thing you need to do is figure out whether you meet the requirements for DCFing (direct consular filing) or if you have to file with a service center.  The former way of filing happens directly with USCIS London which is at the embassy and takes about 4-5 months from filing till you have visa in hand assuming nothing goes wrong.  With the latter, you have to file from here but with a US service center and the whole process can take up to a year or so.  To DCF you have to have lived in the UK for at least 6 months and have proof that the UK is your main home (you can find more info on the US Embassy in London's website).

So, you send off your I-130 first then you get a notice saying the I-130 has been approved and you get sent a pack for the visa petitioner (the UK citizen in this case).  Your spouse fills those out and sends them in once they have gathered all the documents requested.  Once that is done, you wait for an interview date.  In the meantime, the visa petitioner has to undergo a medical examination that would ideally be ready with results by the time the interview comes around.  On the interview itself, if you have all the documents they need and nothing is out of order, they should tell you whether the visa has been approved or not.  If it has, all you do is wait for that passport to come in the mail with a visa stamped on it along with a brown envelope full of documents.  Once you have this, you are ready to enter the US.

After arrival in the US, you apply for a social security card/number and wait for the actual residency card (green card) to arrive in the mail.  Voila!

June

Oh, as for the affidavit you will need to have sponsors OR LOTS of savings and or assets.  There is no other way.

June

Thanks for this - I have ILR and have been here for over 3 years, so I know I can do DCF.  I'm just concerned about the timing of everything RE: him finding a job.  But I've found out that you have 6 months to enter on your visa, so I would assume that for us, it'd be best to get the visa and then have him look for a job. 

And RE: savings - I thought we just had to prove we're 125% above the poverty line, which for a household of 2 is about $25K - meaning we'd need to have about £13k in savings.  I also read something about using property as an asset?  Can we do that?

you have to have 3 times the 125% figure if you are using your own assets as support.

see this http://forum.diveintoamerica.com/showthread.php?t=3278&highlight=125+assets

that forum will probabaly be more helpful to you.

Thanks for this - I have ILR and have been here for over 3 years

As a total aside and as some protection, if you haven't had a chance to do the research yet or think about this:

If you have ILR, you can be away from the UK for a maximum of two years without having to fill in any visas. After two years, you'd have to apply for a visa to regain entry into the UK to live.

See http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/returningresidents

However, you are eligible to naturalise as a British citizen, assuming hubby is British. You may wish to consider doing this as extra 'insurance' and paperwork reduction in the long term should you return to the UK for any reason.

See http://www.ind.homeoffice.gov.uk/applying/nationality/

Best of luck in whatever you decide!!! 

As a total aside and as some protection, if you haven't had a chance to do the research yet or think about this:

If you have ILR, you can be away from the UK for a maximum of two years without having to fill in any visas. After two years, you'd have to apply for a visa to regain entry into the UK to live.

See http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/returningresidents

However, you are eligible to naturalise as a British citizen, assuming hubby is British. You may wish to consider doing this as extra 'insurance' and paperwork reduction in the long term should you return to the UK for any reason.

See http://www.ind.homeoffice.gov.uk/applying/nationality/

Best of luck in whatever you decide!!! 

Thank you - and yes, I know this!  Got as far as buying the Living in the UK book, but haven't scheduled my test yet.  At first I was a bit tentative about it - I wans't sure it was something I wanted to do, but then I figured why not?