snowbeard

Hi guys, first post so be kind!

My partner and I are currently living in the UK, and engaged to be married.

I'm a british citizen by birth, she is American born and bred, and been here a couple of years studying.

Our general plan is for her to finish her masters and PhD here (should take the next 4 or so years), then move back to California. We plan to be married here in the UK in the next 1-2 years.

I figured it's never too early to explore our options and how we actually go about relocating, so been doing some reading on visas, I-130 etc.


Would we both be able to move back over there at the same time? She is currently not earning due to full time study, and wouldn't be earning til we/she moves back to the states.

I know she needs to sponsor me as my spouse, however she doesn't currently have an income. The plan was for her to line up a job with the state (would be decent salary), and us both move over at the same time, she would financially support us both until i manage to find a job.

I'm a bit concerned that due to the monetary aspect of the I-130 (sponsor income/assets), that her situation wouldn't allow for this, especially as the I-130 has to be applied for so far in advance.

The last thing we really want, after 4 odd years of living together, is to have to spend 6-9 months apart, so I'm just calling on anyone who has experience of this kind of situation.

thanks

Noorah101

She can use a joint sponsor. Go to www.uscis.gov and read the I-864 instructions.

Rene

snowbeard

Thanks! looks like her brother or mother should be able to help us out when it comes to it.

MidAtlantic

Do you have assets that can be used? A house or savings?

snowbeard

No property assets, I will probably have around £10k in cash assets at the time of moving, but not at the time of submitting the I-130/I-864.

MidAtlantic

Then be really nice to your future mother in law and brother in law (presumably they are US citizens) and your wife can use them as joint sponsors. Good luck with your plans.

snowbeard

Yep both US citizens in good standing.

I guess the other option is to try and line up employment whilst still here and getting a visa through that pathway, although after 10 years of working non-stop i was hoping to take a short career break to settle in over there and explore my options, perhaps look at a change of career.

tom169

Just for further clarify if anyone reads this in the future: I-864 sponsor can be a US citizen OR legal permanent resident.

When you're married and the time comes to file take a look into direct consular filing (DCF) as long as you're both still residing in the UK. It's much faster process.

After you have an approved visa you can fly together or she flies ahead of you. You can't enter the USA without her either already in the country or with you.

snowbeard

Thanks! That DCF route might make life a whole lot easier when the time comes.

rpjs

There's no reason from what you state why you should be apart for any time at all. My USC wife was in the UK with me for ten years before we moved and we moved together.

As it stands right now, and things of course could be very different in four years, as a USC resident in the UK she can file the I-130 which is the basis of your application directly with the US Consulate in London. This process (called "DCF" on this forum) is usually somewhat faster than filing the I-130 in the US, which is what US spouses already resident in the US would have to do. If you want, you can get a feel for what the current timelines are by checking out the various timeline posts in this forum but they will not be any guide to the situation four years from now.

I'd suggest that when you're approaching one year from when you want to move to the US together, research what the current procedures are and then you'll have a better idea of where and when you should file the I-130 to start the process off.

If your marriage is more than two years old at the time you immigrate to the US, you will not have to go through the removal of conditions process two years later, so if that timescale fits your marriage plans, it's worth doing so.

In terms of sponsorship, you also have the option, if it's practical for you, to start saving assets so you could do without a joint sponsor. You'll need three times the 125% of the poverty line for 2 people figure in USCIS form I-864P, so currently a little over US$ 60,000.

If your fiancée has the opportunity to acquire British citizenship (if she does not already have it or Irish citizenship, e.g. through ancestry) by the time you want to move, she really, really should go for it: bringing an American spouse to the UK is a lot harder than the opposite, should both you later decide you want to return to the UK.

snowbeard

solid gold tips, thank you!

Noorah101

The I-130 and I-864 are not submitted together. When doing DCF, the I-130 is filed first, and the I-864 is taken to the visa interview.

Rene

Rete

You still have lots of reading to do and suggest you look at threads and our wiki above for a process we laypeople call direct consular filing (DFC) which can only be done if the USC is living legally in the UK. Your soon-to-be wife is living there legally, so you can use this streamlined process instead of filing the I-130 in the US. Compare: File I-130 in the US and interview at the US Consulate in London = 12 to 18 months. File I-130 in the UK with interview at the US Consulate in London = 3 to 6 months. Of course, these timelines are current timelines and in 4 years will most definitely be different if the spousal visa process still exists.

Also since your fiancée is living in the UK, don't waste time. Marry her asap and get on the road to obtaining British citizenship. If you decide the US is not for you or you get a great job offer back in London, you will not have to sponsor her for a spousal visa. You should do the same once you are eligible for naturalization in the US after you become a LPR. You will be eligible to file for naturalization 3 years less 90 days from the date on your green card.