swilt170571

ok, so Im thinking a few years ahead.

I currently live in UK with my Children (we are UK citizens) with my American Wife, who has all the required visa's to live and work here as my spouse. However in a few years time we are thinking we may move over to America and at the moment my Children want to as well. Now depending on the laws, issues etc will drive how many years we stay in England, ie 2, 5 , 10

Currently my Children are 14 & 16. Is it easier to emigrate whilst their younger or before they hit a age for example 18?

Once there can they stay there as my children even when older etc etc?

Any advice will help us planning into the future.

lansbury

Is your American wife the children's mother? If so they may already be US citizens.

Rete

Sorry if you have information on your family in any of your other posts. I didn't want to wade through your 30 odd prior posts.

You will definitely require a spousal visa in order to live and work in the US. Your USC wife can file for this via the I-130 at the US Embassy in London about 1 year before you are ready to move. It takes from 6 to 10 months to obtain.

As for the children, you don't say if they are your wife's children as well or if they are from a previous relationship? If both you and your wife are their parents, then the children are already US Citizens if their mother has the ability to pass on US citizenship to them. If not, they will need an immediate relative visa (just as you do) and she needs to apply for them (one for each child) at the same time she applies for you. The difference for them as opposed to you is that once they enter the US with their approved IR-1 visa, they will automatically become US citizens.

Now, if the children were born of a different mother than your wife, then they would still require visas but once they enter the US, they will not become US citizens.

Some of the issues in the immigration scheme is the children's ages at the time of your immigrating to the US; your wife's ability to financially sponsor you (and the children if they are not already US citizens) and if not, the need for someone who is financially capable of sponsoring the family (not wife does not require financial sponsorship obviously).

It would also be advantageous if your wife gets her British citizenship before returning to live in the US. Never know if it will be needed. If the move does not work out and you all want to return to the UK, as a British citizen you don't need to get her another spousal visa and worry about fulfilling the new financial requirements that entails.

I'm going to ask that their be posted in the US marriage-based visa forum.

Noorah101

You received helpful answers in your thread from 2014:

http://britishexpats.com/forum/usa-5...ld-usa-844645/

Rene

Pulaski

Assuming that your wife has already passed citizenship to your children, or if not that they will become citizens automatically upon entering the US with the right visa, then I would strongly recommend waiting until your children complete high school/ their A levels.* Under this scenario it might be a good idea for your older child to go to a US university ahead of the rest of the family, who would follow along two years later.

* While people can and do relocate their teenage children, it would be disruptive to their education and the consequences, in terms of how they handle the change, are hard to predict.

ian-mstm

His previous thread suggests they are his children from a previous relationship - in which case he'll likely need written permission from the children's mother to remove them from UK jurisdiction, or a court order to that effect.

Ian

swilt170571

Hi Thanks for the responses. My wife is not the mother. And thanks for some one finiding it in a previous post that I asked. I thought I had but didnt realise it was so long ago! memory is going :-(

I wouldnt be moving them against their wish it would only be if they wanted to in some years time and with their mothers agreement, plus the kids are likely to be old enough to probably be classed as being able to make their own decisions ie 18+ & 16+ etc.....

Thanks All..

civilservant

You're going to have problems with the children if they don't move to the US and activate Green Cards before 21.

swilt170571

Hi Civil... Thats what I thought I wasnt sure if it was 18 or 21 though...

swilt170571

Hi All and Happy New Year, as time starts to move on I have re-visited this thread to ensure that I am still upto speed as we possibly get closer to moving to America. My Children are now 16 and 17 in March, with both still saying they would like to live in America after spending Christmas there and the majority of the summer and meeting new family.

As my wife is now living and working in England, one thing that strikes me is that part of her sponsoring us via the I-130 form (there not her Children), how would that work given that she doesnt actually have a job in America anymore, is it possible?

When I sponsored her to move to England I had 2 options 1) I had well paid job or if not 2) I could do it based on savings.

So if similar is same for moving to USA she probably wont have a job straight away although she could start looking closer to the time so can savings be used do you know?

Thanks in advance

ian-mstm

She isn't required to have a job in the US. As the USC spouse, she must be your sponsor and the children's sponsor. There is no option for that not to happen - so she must complete I-130s for each of you (and pay the fee for each one).

As your sponsor, she must complete an Affidavit of Support form I-864 regardless of whether or not she qualifies financially. If she doesn't, then she'll need a joint sponsor who does qualify - anyone over 18, living in the US, who meets the requirements for their household + you and the children. I suggest you read forms I-864, I-864P, and I-864 Instructions. All are available at www.uscis.gov/forms.


Yes, they can. Savings are counted as assets and must be 3x the income amount specified on form I-864P for a household of 4. A combination of assets and income can also be used.

Ian

swilt170571

Thanks for the fast response Ian,

Reading the Poverty Line Indicator in the documentation I may be reading it wrong based on your comments. For a Family of 4 it mentions $30,375, but you mention I need to x that by 4 so would it actually be nearly 120k we need in savings? If it is 120k, do you know if I can use my savings towards it? The documentation does indicate that the person being sponsored can use their income towards it but it looks like me as ongoing income (ie working) rather than savings?

Thanks in advance.

ian-mstm

Correct


No, by 3... so roughly $91K.


You can, yes. You may also be able to use other assets such as a house if you have one, or stocks, bonds, etc. Any asset that can be liquidated within one year is usually allowed. So, for example, you aren't actually required to sell your house in order to meet the I-864 requirements... so long as you can liquidate it within a year.


It may look like that, but it's not. Savings are just fine.

Ian

swilt170571

Thanks Ian.

Rete

You can use income, as you noted, if it is a continuing income source when you get to the US OR you can use your savings.