[michyp]

Hi everyone!

I have a question that I haven't been able to find an answer to after some extensive Google searches.

I am American. My now husband is English. We got married in the US while he was on a visitor visa, and I then immediately applied for and was granted a UK spousal visa. I have just moved to the UK with that visa.

Due to some unexpected personal issues, we have decided that we want to move back to the US. I know we will have to apply for a US green card and wait through that process.

Questions:
1. Is he allowed to apply for a US green card, even though my UK spousal visa was just granted a month ago?

2. Is there a length of time I have to remain living in the UK before he can apply for a green card?

3. Am I allowed to go back and forth between the US and the UK with my visa while we wait for his green card to be approved?

4. What is the fastest way to get the green card? I've read in some places that applying in London is faster than applying in the US.

Any help is much appreciated!!

 

[twostep]

1. Is he allowed to apply for a US green card, even though my UK spousal visa was just granted a month ago?!!

He cannot apply for anything - you have to sponsor him. travel.state.gov walks you through step by step. CR1 spousal visa.

2. Is there a length of time I have to remain living in the UK before he can apply for a green card?!!

Your UK status is irrelevant.

3. Am I allowed to go back and forth between the US and the UK with my visa while we wait for his green card to be approved?!!

As US citizen you are free to travel.

4. What is the fastest way to get the green card? I've read in some places that applying in London is faster than applying in the US. !!

You have to be a legal resident of a minimum of six months to be able to file DCF. This came up several times recently. Search option will get you these postings. The US Embassy in London does still process DCF (direct consular filing).

 

[Bevdeforges]

To get you started, here's the US Embassy's webpage on obtaining a visa for the spouse of a US citizen: Marriage to a U.S. Citizen | Embassy of the United States
Cheers,
Bev

 

[Davis1]

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

 

[Crawford]

Considering that you have only just gone through the UK immigration process, you should also keep in mind that after 2 years out of the UK your spouse visa will lapse.

Unless you have kept up significant ties with the UK and can apply as a returning resident, you will need to re-apply for another spouse visa to return permanently to the UK if you should so wish to.