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  • Spouse Visa Question.

    Hi,

    I am a UK national, born in UK, Uk passport etc and have 10 year US Visa.
    My wife is a US citizen, born in the US. We married here in the UK in 2001
    and have an 8 yr old daughter who has dual citizenship and passports.
    Our marriage is fine and we both live and work here in the UK.

    Ok, sounds like an I-130 application would be no problem..
    other than the fact the petitioner (my wife) lives here in the UK.
    So how does that work?

    The reason for considering the application is this...
    I am a self-employed Painter/Decorator as is my father-in-law
    who runs his own small Decorating business in the US.
    My wife is happy at the moment living and working here in the UK
    as a teacher but in the near future wishes to return to the US.

    Our question is this...

    Is it possible for my wife to petition for my I-130 while she and
    our daughter continue to live in the UK for the present time.
    So that I may obtain a green card to allow me to go work with
    her father in the US and set up tax records and some savings in
    the US before she decides to return to the US with our daughter?
    Her father would agree to be the legal financial sponsor for me
    as obviously my wife would have no US income while in the UK.

    Has anyone had any experience of this type of application?
    Is it even possible under the I-130 regulations?

    Any information or opinions offered would be a great help.
    Many thanks.

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