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  1. #1

    Default How to Help Your Spouse Immigrate Into the U.S.

    I'm a dual citizen (UK/USA) and just married my partner of 4 years. We live in the UK, but are planning on moving to the US within a few years. My husband is a doctor and has tests to complete before we can move there and for him to be eligible to train/work in the US. We don't know when we will move, which brings on my questions and concerns.

    After all my research, I'm confident he wouldn't have a problem getting a green card and eventually becoming a citizen, but I'm not sure about the best timing to apply for the immigration visa (I-130). I've read that it can take 6 months up to a year for someone not currently residing in the US to get immigrant visa approval, but since he's my husband it appears it could only take 4-6 months to get the visa approved. As we don't know how long the application process will take and also when we will be able to move, the timing worries me. I don't want to either apply too soon and get the visa when we're not ready to move and have it expire or apply too late and him not being able to be in the US legally for the timeframe he needs to get the application processed and receive the approval (I understand we may be able to apply for a K3).

    Does anyone know how long we can wait after receiving a visa for him to enter the US and obtain his permanent resident status?

    Also, does anyone have advice on whether we should apply sooner rather than later and is there a way to get a green card and hold it while not living in the US or is it better for us to wait for the move and him to get a K3 Visa and apply once we're residing in the US (Consular Processing appears to take 4-6 months, but I worry about delays).

    Any advice is greatly appreciated!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Moving Back to the U.S. with Husband

    Look at the requirements for a "reentry permit". That allows a permanent resident to be outside the US for up to 2 years without losing the green card.

    After receiving notification of green card approval, one has up to 6 months to enter.

    I suggest you apply and not worry so much about timing the application submission since there are many ways to work around the logistics once a green card has been approved.

    I suggest that you have an immigration attorney review the application once completed and before submission since having to correct the application is likely to be your biggest timing problem.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Moving Back to the U.S. with Husband

    T5 explains it. The real issue with the way to proceed is determined if the intent is really to permanently reside here or not. Green cards aren't designed as some "convenience" for those who just want to transiently travel to the US.

  4. #4

    Default Re: Moving Back to the U.S. with Husband

    That's all great advice! As my husband is currently studying for and will be taking multiple U.S. medical licensing exams (which are quite expensive and extremely time consuming) it seems like we won't have a problem proving our intent. I'll look into the "reentry permit".

    Thanks again!

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