Jhf

Hi - Any advice you all could provide would be most appreciated. So here's the deal: (I'm a US citizen; husband is UK citizen) My husband and I met, were married (2010), and lived in the US before moving to the UK in 2013. We want to move back to the US with our son who is a dual citizen. He had a green card that expired in 2011 (forgot to renew). So I have several questions.

1. Does he need to fill out a form I-407 before I petition with an I-330? Or can it be done simultaneously? (And does he definitely need to file a form I-407?)

2. For the affadivit of support; will they be basing my ability to sponsor my spouse on my current income in the UK?

2b. Also half of my salary is in the form of a 2 br flat and all utilities. How would I provide proof of this? Would a letter from my employer suffice?

3. It says on the immigration website that I don't need to be present for the embassy interview portion. Should I move ahead of my husband with our son back to the States, will his visa be in any way negatively impacted?
If any of you have any further advice or know of anything I should be aware of, please don't hesitate to respond. I REALLY appreciate all the help I can get!! Thank you!!!

MidAtlantic

1. Yes he should file I-407, but it should be separate from your petition. It does not need to be before your petition.

2. Presumably your UK income will cease, in which case it will not count. You either need savings or a US income (or both) or a co-sponsor.

3. You do not need to be present at the interview. Your husband must enter either with or after you. So as long as you go in advance or with him that is fine.

Have you gained UK citizenship? If not think carefully about the benefits before you lose the chance and have to start all over again if you wish to return. If your husband had gained US citizenship before you left the US (It appears that he was in the US for about the required three years - 2010-2013) it would have avoided the complications you now face.

Noorah101

1. It's best of he submits the I-407, yes. He can do this now, before the I-130 is filed.

2. No.

2b. Is this income from a rental property? If so, you will show a rental agreement. If it's not rented out, but you own it, the equity in it can be used as an asset. You will need proof of ownership, proof of equity, and current market value.

3. You can move ahead of you want to. File the I-130 in the UK before moving back to the USA.

Rene

Jhf

Thank you for your advice. No I don't have uk citizenship and am not even eligible for it yet. We will not be able to afford to live here much longer as our business venture is ending and I have more opportunities at home, as well as a family I miss dearly. So no it's not really a choice at this point. My husband actually has a daughter from a previous relationship in the US as well and had lived there for from '98- 2013; so while he could have gotten citizenship, there's really no point in saying 'shoulda woulda coulda'. I'll have my mom joint sponsor. If you have any advice on joint sponsoring, I'd be grateful. Thanks again.

Noorah101

There's not really any advice to give on joint sponsorship. Have your mom look at form I-864 and instructions so she understands what is being asked of her.

You will still need to complete an I-864, too.

Rene

Jhf

Thanks!