Moving - Strange Situation?

HI all,

Just new to this site and finding it to be such a wonderful help!   I'm trying to find some answers to some questions that we have about Moving back to the US.  I think my story is a little different from some of you but i'm hoping someone can point us in the right direction.

I am American who is also a Dual Citizen (US/UK) and I have been living in England since December 2003 with my partner, now husband.  My husband is English.  We decided to marry in the US in 2006 so our family could be there but returned to UK to live.

I never had to get a visa to live in the UK because I had a british passport. I literally just got off the plane and got my National Insurance Number and started working. I also didn't have to do anything when we got married except change my surname.  No visa or forms to complete to live here, etc.

We are now wanting to move to the US. I have been here 3 years and really am ready to move back to be closer to my family plus my husband is ready for the change.

Not sure of where we need to file, or what forms we need to file. Even though I have been in the UK for 3 years does that count towards us using the Consulate to file? Are we filing for a green card or do we have to go through the whole process of spousal visa, etc?

My husband also has two children but they will be staying in the UK with their mother. He has joint custody of them.  Another question is, now that we are married, would his children be considered for a visa to live in the US, or allowed to apply for dual citizenship if their mother agreed on it?  Not sure about any of that.

This has been a wonderful site and so full of great info and i'm hoping someone can point us into the right direction.

Thanks! 

Have a look here for information on filing the I-130 at the Embassy.

The I-130 is an immediate relative petition. Upon approval your husband will be able to apply for an immigrant visa. If there are no problems with his medical, background/police checks and the interview then he will be sent a green card, (in the US) a few weeks after the first use of his IR visa.

How old are the children?

thank you so much for your response. I will check that info out.

His children are 6 and 12.  Their Mom has mentioned that she might let the children come with us to america - but even if they dont come with us I am curious to know what visa's we would need if they did and or if they are allow to claim any sort of dual nationality or rights to live in US because we are married now.

This is a hard decision for us to make to move back to the states and it may not be for another year until we do move, but I am looking to gather all the info and options for us.

thank you again.

At the ages they are there should be no complications in getting them green cards using the I-130 the same as their father - each child would need one filed on their behalf. All I-130s must be filed by you, as the USC and as their step mother as dictated by US immigration law.

As long as their mother is happy to allow the children to move to the States to live with you and their father then everything should be straightforward.

As for citizenship, I am a lil fuzzy on that but only because they are minors. Your husband would be eligible to file the N-400 for his citizenship, providing he meets all the requirements, (available on uscis.gov) after three years - minus 90 days - of permanent residency. This short amount of time is only if he remains married to you.

TAM - you are wonderful!   Thank you again for your fast response.  It helps to be able to have the information that we need in order to move forward and make things less complicated for all of us.

I've been reading most of the night in all the topics area and you are just so helpful. Much appreciated! 

Enjoy the rest of your weekend.

You're welcome. Gotta keep on top of all this immigration stuff though as it is constantly changing so be sure to bookmark both the USCIS site as well as the Embassy site.

Best of luck with it all.

you should also check out the DIA site for repatriation help

following caryn's post above:
www.diveintoamerica.com

some of us repats are on there!

Thanks Amy, I meant to go back and post the link but forgot!!

Thanks Everyone!!       I truly appreciate everything.