Hi - Do I have this right? (U.S. Immigration)

Me - A U.S. citizen
Wife - A British citizen
Stepdaughter - A British citizen
Unborn daughter - U.S. citizen
Cat - A Stateless national (He's a Persian though so probably Iranian!) 

We're all living in England at the moment but want to move to the United States. Been married for almost a year now. Justing wanting to know if I have all this correct:

Steps for Wife

1.) I-130 Petition for Alien Relative
2.) G-325 A Biographic Info
3.) I-824 Application for Action on Approved Petition
4.) I-485 Application to Register Perm. Residence or Adjust Status + Bio Metrics
5.) Affidavit of Support


Steps for Stepdaughter

1.) I-130 Petition for Alien Relative
2.) G-325 A Biographic Info
3.) I-824 Application for Action on Approved Petition
4.) I-485 Application to Register Perm. Residence or Adjust Status (No biometrics b/c she's under 14)
5.) Affidavit of Support

Basically my plan is when we have the money to file both petitions for alien relative via DCF since I heard that's the longest part of the process and you have to do it no matter what. So the sooner I do it the better. All it basically does is just gets the U.S. government to recognize my relationships with my wife and stepdaughter so that I can go ahead and apply for visas for them, right? And if approved, these petitions don't expire right? What I mean to ask is do they give me enough time to get the rest of the money and stuff together to make the other applications?

Once approved, I hope to repatriate to America on my own and get my income to atleast $26,500 a year (to support a household of 4), work my ass off, find a suitable place, get some savings and then continue with the application process. When I have everything ready I will fly my wife, stepdaughter, and baby over along with our beautiful cat.

Do I have this right? Does it sound like a good plan?

Steps for Wife

1.) I-130 Petition for Alien Relative
2.) G-325 A Biographic Info
3.) I-824 Application for Action on Approved Petition
4.) I-485 Application to Register Perm. Residence or Adjust Status + Bio Metrics
5.) Affidavit of Support

The steps I have emboldened, (3 & 4) are not required. The I-485 is for use State-side for those who require it to adjust their status, i.e. those who did not enter on the correct visa which would give them permanent resident status from the moment of entry.

Steps for Stepdaughter

1.) I-130 Petition for Alien Relative
2.) G-325 A Biographic Info
3.) I-824 Application for Action on Approved Petition
4.) I-485 Application to Register Perm. Residence or Adjust Status (No biometrics b/c she's under 14)
5.) Affidavit of Support

Again, steps 3 & 4 are not required.

All it basically does is just gets the U.S. government to recognize my relationships with my wife and stepdaughter so that I can go ahead and apply for visas for them, right?

They will apply for the visas - you are just paving the way for them to do so with the I-130.

And if approved, these petitions don't expire right? What I mean to ask is do they give me enough time to get the rest of the money and stuff together to make the other applications?

The approved I-130s are good for 12 months.

Hi,

Thank you so much for your reply.

Well that's certainly a relief. It looks a lot more simple now.

Could you tell me what visas they would apply for? And when would they actually be allowed to come and join me in the U.S.?

Thank you.

A couple of things...

1) You will need permission from your step-daughter's father for her to reside in the US.

2) When you file the applications they will want to see the ability to support your family and the domicile in process (at least a relative where you can stay until you find a place of your own).

DCF is pretty much for those who intend to move back together...so I am not certain how or if your case would apply for this process. Ways around this stumbling block include saving enough to rent in the US immediately...and getting a job before moving back. Otherwise you may find that you need a co-sponsor or substantial saving to qualify for DCF.

Thank you for your reply.

My stepdaughter doesn't know her biological father (my wife intends to keep it that way). He's not on her birth certificate either. The guy is a complete loser and scumbag doesn't even pay a penny in child maintenance. I don't believe he has any rights in respect to my stepdaughter.

So what you're saying is I'll probably have to do everything from the U.S. when I go back and the Affidavit of Support needs to be filed with the Petition?

Well, back to the drawing board I guess! I would like to comment that it amazes me that the U.S. government subjects their own citizens and their foreign family members to this rubbish process while they grant amnesty to people who enter illegally.

I would like to comment that it amazes me that the U.S. government subjects their own citizens and their foreign family members to this rubbish process while they grant amnesty to people who enter illegally.

Which is why we ended up in the UK...couldn't handle living in LA and watching illegal immigrants protest their rights when we were spending years apart trying to meet the law.

Which is why we ended up in the UK...couldn't handle living in LA and watching illegal immigrants protest their rights when we were spending years apart trying to meet the law.

Sorry to hear about your difficulties. Does it actually take years? That's crazy! I was hoping 3-7 months tops.

From within the US...you are looking at typically 9 months to a year. The 3 to 7 months you are talking about is for DCF...in which case you get to all stay together...which is what we are planning for in a few years...after we save enough.

Ours took so long because like the UK...they keep changing the bar/law. We started the process in March 2006...at which point our research indicated it should take about 9 months for a UK spouse. But what we did not know was that in January of that year a new law called International Marriage Brokers Registration Act (IMBRA) came into effect. It meant that the American spouse would now have to be backgrounded check...especially for things like domestic violence and sex crimes.

Great idea, right? Except that in the 90 days between the time Bush signed the bill into law and the time it took effect they had not been doing their job, which was to create the new forms and process to do this. So the form that we filled out about a week after the law went into effect was the wrong one. So for some months the whole process came to a complete halt while they took all applications on the old form and sent back the new ones. From what I have learned...those that waited it out...it took 18 months or more...and people who applied AFTER them got their approvals first.

Of course by then we gave up and came to the UK, but I do not look forward to anymore dealings with immigration. I just want my British citizenship...and if we do go back he is damn well getting his US...I am not going through this anymore. I am even pressuring him into claiming his Barbados citizenship which he is entitled to through his parents...just in case.

That is a disgrace, at best. I guess I will have to have a long talk with my wife tonight about what we should do. We can't really save here because there is not much difference between the cost of living here and our income. We barely make it by every month as it is.

So, if we are going to do it, I will have to go over first and work for awhile. Just have to decide whether living in America is worth me not being here with my wife and daughter...

Remember though...pound is better than dollar. So any UK savings goes considerably further in the US.

And I would encourage you to think outside the box in terms of earning and saving. Until July of this year, we were two income family. Then my ILR got messed up and I could not work in the UK. Funny thing is that we would have sworn we could not make it on just a single income...but we have made all our bills, had a few luxuries AND have more in savings now than then. Just look at what you can cut.

The other thing is don't think just in terms of your income as a source of savings. We know that we will never get ahead if we relie strictly upon that. Our plan is for me to write. My husband works here so that I can write...that money will get us to the US. It might sound iffy...but given the economy now...it is as certain an option as investing or putting money in the bank.

What could one or both of you do to pay into savings? Ebay? Life coaching? Greta thing about working for yourself...you always like your boss.

Remember though...pound is better than dollar. So any UK savings goes considerably further in the US.

And I would encourage you to think outside the box in terms of earning and saving. Until July of this year, we were two income family. Then my ILR got messed up and I could not work in the UK. Funny thing is that we would have sworn we could not make it on just a single income...but we have made all our bills, had a few luxuries AND have more in savings now than then. Just look at what you can cut.

The other thing is don't think just in terms of your income as a source of savings. We know that we will never get ahead if we relie strictly upon that. Our plan is for me to write. My husband works here so that I can write...that money will get us to the US. It might sound iffy...but given the economy now...it is as certain an option as investing or putting money in the bank.

What could one or both of you do to pay into savings? Ebay? Life coaching? Greta thing about working for yourself...you always like your boss.

One problem is the area we live in. We are in quite a rural place. I work as a Civil Servant (hold the "booing" please lol) and my wife works in retail but will soon be going on maternity leave. Rent and council tax are high here, and our energy bills have gone up massively.

I suppose I could try and find part time job and save money from that. However, it is a rural area and work is hard to come by. I am lucky to have my job as a Civil Servant.

Still thinking in the box...the same web that allows us to have this conversation means you could 'sell' something to anyone...anywhere in the world. Think about what you do best...or what you always wanted to do...could you make a few extra pounds doing it? For instance, my writing on pregnancy, birth & parenting. DH's photography. Or the people who buy things cheap and sell them for slightly more on Ebay. Maybe you will have to write different things...but personally I think that these times will be good for those you can do that...and keep their expenses low.

Could you tell me what visas they would apply for? And when would they actually be allowed to come and join me in the U.S.?

An I-130 would be required for each would-be immigrant, in this case your wife and step-daughter, which would lead to them being granted, upon a successful interview, either the CR-1 or the IR-1 depending on how long you have been married.

Both, once activated at their POE, will lead to green cards being dispatched to the address which you will have specified prior to the interview, (on the form DS-230). The only difference between the two categories is that with the former you will have to apply for the 'conditions' to be removed - a similar process to applying for ILR from FLR here in the UK - just prior to the expiration of the card. The latter category is for those who have been married for more than two years upon activation of the visa.

Does that make sense?

As for when they can join you - that won't happen, on a permanent basis, until they have their visas in their passports.

DCF is pretty much for those who intend to move back together...

The I-130 can be filed by the USC, if they are eligible, through the DHS office at the US Embassy in London. There is no requirement, that I know of, that the USC then remain in the country until processing is complete and the visa(s) is/are issued.

The OP should make himself familiar with the two links on US immigration in my signature below. He might also want to check out a few forums aimed specifically at those who are wanting to apply for fiance(e)/spousal visas for the US: britishexpats.com, diveintoamerica.com and visajourney.com.

Thank you, terriponeale and tam.