Please could you help?

[daisy]

Hello there I hope you can offer me some advice.

I'm from the uk but married to an American for 4 years. We have lived in the uk together for over 10 years.
We have 3 children together and ready to move to the States within the next 18 months.
I know I will have no problems moving to the States but I would like to know if there are any chances my parents and brother could come out with me?

My father is a crane driver which is a skilled job and my mother works in a hotel here in the uk.

I'd appreciate any help that you could give me.

Many Thanks,

Daisy

[Bevdeforges]

Hi, and welcome to the forum.

It should be possible to get "family reunification" visas for your parents and brother - however, you will probably have to wait until you have settled in to the US and gotten your citizenship. The IR (immediate relative) visa requires a petitioner to be a US citizen in order to sponsor their parents.

Your brother would have to get a Family-based immigrant visa - and you should know that brothers and sisters are 4th in the line of priority. There are annual quotas for the family-based visas and, once again, you have to be a US citizen to sponsor your brother.

There's more information here: Immigrant Visas U.S. Embassy London
Cheers,
Bev

[daisy]

Hello Bev and many thanks for taking the time to respond to me.

Do you have any idea how long it takes to become a US citizen? I have heard (not sure from where) that I have to live in the US for at least 3 years, is this correct?

Thank You once again,

Daisy

[Bevdeforges]

Yup, you'll have to have three years' residence in the US before you can apply for citizenship. There are more details on the process here:
General Naturalization Requirements

The process is kind of backed up at present, and can take another 6 months to a year, but with any kind of luck they'll work off the backlog in the next year or so and maybe things will go quicker by the time you are ready to apply.
Cheers,
Bev

[Rachel_Heath]

Originally Posted by Bevdeforges

The process is kind of backed up at present, and can take another 6 months to a year

When I spoke to them the other day they confirmed it was about a 12 month delay, down from 18 months last June and they expect that to drop further as the year progresses.

[twostep]

Have you not applied for a Green Card when you got married?

[Rachel_Heath]

Originally Posted by twostep

Have you not applied for a Green Card when you got married?

There was probably no need to. If the plans were to stay in the UK then a green card application would have had very limited pro's (entry in the US via the permanent residency line, longer stays) and multiple cons (stay out too long causes problems, requirement to report all worldwide income to the IRS etc).

Far better to wait until you're ready to enter the country and utilize the card correctly than to apply early.

[Bevdeforges]

Actually, I don't think you can apply for a green card from overseas (except to relocate over there) unless the American spouse works for the US government (i.e. as a diplomat or in the US military) or a very limited group of international NGO-type organizations. Check the USCIS website for details.
Cheers,
Bev

[Rachel_Heath]

I think you still can. We did (although this was in 2000) and carried out the whole process whilst in the UK.

[twostep]

You can apply for it overseas. You have to activate it by entering the US within a given time period and apply for your SS# but you can exit with a waiver.