Question on moving back to US without applying for anything for OH?

Hi,

I don't really know what to put as the subject title.....sorry if its confusing.

Here's the story....
OH and I plan to go back to USA in a few years for a short time.  Just have been dealing with a lot problems and it's been hard not able to just hang out with my family.  I am basically stuck in a small town, don't like his family and I don't have friends either.  So with nothing holding us back from leaving in a few years.  

How is OH able to stay in USA without the need to apply for greencard?
The most he would stay is a year to 3 years.
It's just that we had a stressful time applying for all the visa needed for me to come and stay in UK, financially it's been hard as we barely can afford the fees and he don't want to go through what seems to be a complicated visa process.
If he apply for greencard, can someone tell me what are the steps I basically have to do in order to get a greencard.  

How is OH able to stay in USA without the need to apply for greencard?
The most he would stay is a year to 3 years.
If he apply for greencard, can someone tell me what are the steps I basically have to do in order to get a greencard. 

In order to live in the US, he will need a visa/green card in the UK before he moves. There is no way for him to move to the US without one.

He can visit you in the US for a maximum of 90 days, but that's it. If he wishes to stay for longer he will need a visa.

The most obvious visa to apply for would be a spousal visa, although you will need to meet the income requirements for it, which is that you need to be earning 125% above the US poverty line (either you, or you can use a family member as a co-sponsor).

However, it will take about 10 months for you to get a spousal visa for him, and for him to be able to move to the US. If you are both in the UK, you can apply using DCF Filing through the US Embassy in London.

First, you need to file a petition to sponsor his visa, which can take 2-4 months to be approved, and then after that he will need to attend a medical exam and visa interview in London.

The whole process will take at least 6 months, generally 8-10 months, and you are advised to file the petition at least 10 months before you wish to move to the US.

If you don't apply for a spousal visa, then your husband would need to find another visa to qualify for to move to the US - either a work visa or a student visa.

You can find out more about applying for a spousal visa for him here:

Immediate Relatives visa: http://london.usembassy.gov/immigrant-visas/immediate-relatives.html
Filing a Petition in the UK: http://london.usembassy.gov/dhs/uscis/i130filing.html

I think it's likely he's not going to get a greencard as it require him to stay in USA or he'll lose it.  Just thinking three month stay as a visitor is not a lot of time for him to spend with our kids.  How many times can he enter US in a year? Can he re enter US if he were to go to Canada or other places to visit or it's not allowed. 

I'm not sure I understand what you are trying to do. Are you and your husband planning to live apart, and he just visits his kids? That is going to be very difficult as a spouse's status in the other country is based on the marriage relationship.

You mentioned going back to the US for three years; does that mean you are planning to return to the UK after that time? If you are, you will need British citizenship as you'd lose Indefinite Leave to Remain after living outside the UK for two years.

If your husband wants to do anything other than visit the US, as stated, he will need permanent residence there ("Green Card"). Visitors to the US need to be able to show strong ties back to their home country and that they are not using repeated "visits" to the US to actually live there without a visa. He needs to show those things, or he could be denied entry at the US border, whether from Canada or anywhere else.

Basically, to live with each other in each other's country, one of you has to have and keep a residence visa.

I think it's likely he's not going to get a greencard as it require him to stay in USA or he'll lose it.  Just thinking three month stay as a visitor is not a lot of time for him to spend with our kids.  How many times can he enter US in a year? Can he re enter US if he were to go to Canada or other places to visit or it's not allowed. 

Yes, as candyann said, are you planning to live together in the US as a couple or are you just wanting him to come and visit the kids every now and then?

If he will be living in the US with you and/or wanting to live with you in the US for more than 3 months at a time, he MUST get a spousal visa/green card. Same as you needed a spousal visa to live in the UK, he will need one to live in the US.

If he will just be visiting you and the kids, but not actually living in the US, he can spend up to 90 days in the US at a time and he should spend at least the same amount of time outside the US as he did inside the US.

So, if he comes to visit for 3 months, he should go back to the UK for at least 3 months before coming back in again, meaning he doesn't spend more than 6 months in the US in a 12-month-period.

However, if he is coming to the US regularly for long visits, US immigration may question if he is a genuine visitor and may not let him in... so he would need to have proof available that he will return to the UK, that he has a job and a home and a life to go back to in the UK, that he has plenty of money to support himself while he is in the US without working etc.

You mentioned going back to the US for three years; does that mean you are planning to return to the UK after that time? If you are, you will need British citizenship as you'd lose Indefinite Leave to Remain after living outside the UK for two years.

Greenapple has already applied for and been granted UK citizenship.

Greenapple has already applied for and been granted UK citizenship.

Ah, of course--sorry I overlooked that.