natnatno1

So, I was wondering if anyone here can help me out with this one.

I am a UK Citizen. My US partner and I are getting married soon (just about to get my US Fiance visa). I am a University student, and I want to finish my degree, so I need to be in the UK. I want to bring my Husband with me, but as a University student, I don't have a lot in my savings and I don't have a job that pays £18000 a year. My partner is likely to find a good job in the UK, as he also has a degree and 10 years experience in his field, and he currently earns $30000 a year. I was planning on staying with him for a few months to sell his house and get him prepared to move with me in September, but I'm not sure if we meet the requirements for a UK Spouse visa. Can anyone give me any advice on what to do?

Thanks

BritInParis

If you planning to bring your husband to the UK why are you applying for a 'US Fiance visa' (K-1)? You can stay for up to 90 days and marry whilst you are there on the Visa Waiver Program.

If your fiancé's house sells for more than £62,500 (~$88,000) then he can use the proceeds to meet the financial requirements providing he has owned the property for at least six months before the sale date.

natnatno1

We wanted to get married in the US as his parents aren't fit enough to travel.

His house is worth about $120,000 but if he sold it, he'd have to pay off his mortgage which is about $80,000.

SanDiegogirl

So you won't have enough to qualify under the savings route as you need approx $88,000. If YOU also are not earning then the income route is not available for you either.

Pulaski

BiP's point is that you don't need a visa to get married in the US, you can do so on the VWP, so long as you don't plan to stay in the US after marrying. .... I know, I did exactly that!

BritInParis

Depends on the timing. If you could lodge an application between receiving the funds and paying off the mortgage then that would work, ideally waiting until the visa was issued before transferring the money.

Pulaski

You can't have a mortgage after the property is sold. The closing lawyer or escrow agent (depends on the state and method of closing), will withhold the part of the sale proceeds that are required to payoff the mortgage - the property owner never has the entire proceeds of the sale in the either account, not even for a minute.

I suspect that Natnatno has an insurmountable problem, given that the UK doesn't allow joint sponsors. She may have to make a radical choice - either delaying marriage, delaying applying for a visa for her husband until at least six months after she graduates, or continuing her studies in the US, or putting her studies on hold for a period and taking employment in the UK for at least six months, to get herself the income to sponsor her husband for a visa.

SanDiegogirl

Agree..... the escrow company deals with any outstanding mortgage on the sale of a house and you don't get the title for the property or the remaining monies until the mortgage is paid off.

BritInParis

Can you tell I'm not a homeowner?

To the OP: Does your fiancé have any recent British, Irish or other European ancestry; parents, grandparents or great-grandparents?