kcarterx

Hi Everyone, ( me again )

I have a few questions based on the marriage visa process, would be grateful if anyone has any information on the below..

--I was born in Florida but raised in the UK, we both have UK passports. I have family that still live in Florida, hence why were looking to move there--

1 - Me (USC) and my partner (UKC) are looking to move to america, we are planning to get married in the near future, do you know if there is certain amount of time you need to married before you can apply for the spouse Visa? we have been together a long time pre marriage, do we have to prove this?

2- I've read on here to sponsor him under that VISA i will have to earn a specific amount per year, do you know what this is? Also How does this work as we currently live in the UK and we will be leaving our current employment and finding a new jobs once settled?

3- Is it the CR-1 Visa the appropriate one?

4- Is there anything else that you must have before moving other than your VISA?


THANK YOU IN ADVANCE !

Twinkle0927

1. No, there is no set time. Once you have your marriage certificate, you can file.

As you, the USC, live in the U.K., you can take advantage of DCF processing through the London embassy which will take several months off the "usual" processing time. Search the threads here for info on DCF processing.

Yes, it would be a CR-1 visa. The process has many parts. First the USC submits an I-130 petition - this basically asks for permission for their spouse to be invited to apply for a visa. Once the petition is approved, the alien spouse applies for the visa through an online form. Various legal documents have to be gathered too and taken to the embassy later. The alien spouse has to have a medical exam. And then there is the visa interview where the decision us made as to whether a visa will be granted if not. Although it usually is, unless there are any major issues such as criminal activity on the part of the alien spouse, nothing is "approved" and no visa is guaranteed until it has been issued by the embassy.

Yes, you have to sponsor your husband. Either you go ahead of him and get a job earning enough, you use assets, or you use a joint sponsor (such as the family members who live in the USA, assuming they are either green card holders or USCs and over 18).

ian-mstm

There is no set time. You can file the I-130 petition the day you get married if you like.


No. US immigration doesn't care if you met for the first time the day you got married.


Yes - see form I-864P available at www.uscis.gov. Oh... VISA is the trademark for a credit card company. The word visa is a simple noun... all lower case.


That information is available in form I-864 and the instructions for form I-864.


Yes. In fact, it's your only option if you file immediately after marriage.


No. However, to get the visa you'll need a police certificate and a medical.

Ian

Nutmegger

As the OP was born in the US but has lived in the UK and never held a US passport, does she need to sort that out before she can sponsor her husband?

Noorah101

No. She just needs to show proof of her permanent status in the UK.

Rene

Nutmegger

Very interesting, thanks Rene. Is the intent to domicile part of this process, and if so, the lack of a passport doesn't affect that?

Noorah101

Yes, there should be intent to domicile, but no passport is required by USCIS. Of course she will need one in order to enter the USA, but it plays no part in her husband's visa process.

Rene

Pulaski

Well she'll need a US passport for sure, but an application in progress would, IMO, be sufficient to help support the "intent to domicile" requirement. .... She wold need other things too - such as job and home searches, etc.

Based on another individual's recent (a few months ago) questions about the IR-1 visa he had obtained "accidentally", it seems that the "intent to domicile" requirement is treated very casually indeed, as the hapless individual had somehow qualified himself for an IR-1 without actually intending to live in the US any time in the near future, if indeed at all.

Nutmegger

Again, very interesting! Thank you.

Twinkle0927

She must also prove US citizenship in order to be able to file an I-130 petition in the first place. I'm guessing she has her Florida birth certificate somewhere safely kept and can use that.

aless02

You'll need to apply for your US passport, which may or may not involve yourself going to the London embassy. You don't technically need it for the i-130 petition for your partner, but it's a good idea to go ahead and get that ball rolling as you'll need it to enter the US!

1 - no time requirement to be married before applying. You will need to submit some "proof of relationship" things like photographs, bank statements, tenancy agreement, etc to show you're in a genuine relationship.

2 - you will need a joint sponsor in the US (a US citizen) that makes more than 125% of the poverty guidelines for their household size + 1 (your husband). Either that, or assets 3x the poverty guidelines for your household. The only other option is for either of you to secure a US or remote-working job in advance and provide proof that this income will be with you when you enter the US. Most people get a joint sponsor in the US. It doesn't cost them anything, it's just a form to confirm they agree to support the immigrant so he won't become a public charge.

3 - yes. The first stage is completing and submitting the i-130 petition to the US embassy in London. https://uk.usembassy.gov/embassy-con...30filing-html/

4 - get the petition submitted as it takes 1-2 months (or more, but that's the current processing time) to process. While you wait on that, your husband should apply for his police certificate (ACRO) and get any missing vaccinations he will need for his medical. This gives you time to gather all remaining paperwork/information he will need for his interview. After the i-130 is approved, it is transferred to the Immigrant Visa processing Unit at the Embassy, and he will need a medical in London and then attend his interview at the Embassy. There are different requirements for each stage of the process, so my best advice is to get the i-130 done and then carefully make a list of EVERYTHING you will need for the next steps (medical, i-864 sponsor requirements, interview) and begin gathering that.

ian-mstm

A US passport is proof of US citizenship. It has no bearing whatsoever on intent to domicile. Having a passport doesn't demonstrate someone intends to return to the US.

Ian

ian-mstm

I understand what you're trying to say, but you probably shouldn't give incomplete information. For example, a joint sponsor doesn't need to be a US citizen, and a joint sponsor can also meet the financial requirement using assets instead of income, so long as assets = 5x the income amount.


With respect, it's not "just a form" - it's a binding contract with the US government - and since there are only 5 possible ways to discharge that contract, there's no guarantee that the person signing the contract will ever be off the hook.

Ian

kcarterx

[QUOTE=ian-mstm;12277481]I understand what you're trying to say, but you probably shouldn't give incomplete information. For example, a joint sponsor doesn't need to be a US citizen, and a joint sponsor can also meet the financial requirement using assets instead of income, so long as assets = 5x the income amount.


In what situations do you need a joint sponsor?

Twinkle0927

[QUOTE=kcarterx;12277569] Probably in yours - a joint sponsor is used where the sponsor (which is you in this case) does not have the assets or income to cover the amount required.