Crumdog

Hi,

I have been looking into spouse visas as my wife and I and daughter (2yrs) have been talking about moving to Minnesota. My wife is an American citizen and has a permanent UK visa so i was kind of assuming it would be the same process in reverse. But i am a bit confused by the income requirement point. My wife lives here in the UK and would be petitioning for me to stay in the US from here and as she only works part time, she doesn't meet the income requirements. Is this a non starter or would there be consideration as our combined earnings meet the requirements?

Rete

Since she has leave to remain in the UK, she is free to petition for you through the US Embassy for your Immediate Relative Visa. If your marriage is over 2 years in length at the time of activating the approved visa, then it is an IR-1 and if the marriage is less than 2 years in length at the time of activating the approved visa, it will be a CR-1 (Conditional Resident).

She will need to file an I-864 on your behalf even if she does not meet the financial guidelines. Has she been filing US taxes while she has lived abroad. If not, she can get started on that now if she has earned income and meets the filing threshold for filing with IRS.

Since she does not have US income, you can use your joint assets to meet the guidelines which would be 3X the poverty guidelines for a family of three (you, she and the kidlet). If it is your private home, you do not have to sell it before you move (although it is advantageous tax wise to do so before you become a US permanent resident). The assets in the home, bank accounts, etc. can be used as long as they are liquefiable within one year.

If you do not have assets, then a USC or a permanent resident living in the US can be your joint financial sponsor.

Noorah101

Rete has hit all the nails on the head.

Does your daughter have US citizenship? If so, she will need a US passport to enter the USA. If not, she will also need an immigrant visa.

Rene

Crumdog

Thanks guys!

This is great feedback! Firstly our daughter has not got a US passport but i am looking into getting that for her.
My wife and I have been married for over 2 yrs so we will plan to petition for the IR visa option.
We are not home owners so the only assets we have are whats in the bank account i guess. Will we need to have a 3rd party sponser do you think?
I work as a skilled engineer and have a couple of "word of mouth" offers of employment stateside (partly the reason for the interest in moving) would an official job offer help the IR visa application or is that a different application?

Thanks again for the help! Greatly appreciated!

Crumdog

Oh yes, additionally. My wife is currently processing her file zero for US tax. To get that all in line before a potential return.

Rete

The poverty guidelines for a family of 3 is $20,420 so 125% of the guidelines would be $25,525. Then 3X that as you would be using assets would bring the amount needed to $76,575. If you have that amount in savings great. If not, then you require a joint sponsor. Bear in mind even if you have a joint sponsor, the USC spouse still needs to complete and submit an I-864 on your behalf.

If you were to contract for employment once you in the US while you are still residing in the UK, it is up to the Embassy as to whether or not they will accept future employment to be used as part of the I-864.

Noorah101

It's the same petition. I-130. The only difference is the class of visa (CR-1 vs. IR-1). The process to getting the visa is identical.

If you have 3x the amount lacking in income, assets in the bank will be fine. Otherwise, you'll need a joint sponsor, yes.

It's not a different application. A job offer will not be enough. The income must be current. Future income doesn't count.[/QUOTE]

Rene

Noorah101

"file zero"? If she earns below the required threshold for having to file a US tax return, she doesn't need to file one at all. She would just need to include a statement with her I-864, saying why she didn't need to file tax returns. See www.irs.gov for details.

Rene

Crumdog

Thanks again guys!! Great help.

S Folinsky

OP notes his AmCit wife worked part time but does not give how much she earned. It may have been insufficient for affidavit of support purposes but above the threshold requiring a U.S. tax return. If so, the latest return plus the info on the last three years will have to be provided.

Rete

Thank you but this advice has already been given.

S Folinsky

My comment augments and clarifies your excellent posts on one small point.

Sometimes the best advice can be misunderstood.