vickyr

Hello again!

Thank you all for your help on my previous post, I have a more specific question now...

My US-citizen husband will likely be my sponsor for my US visa. He is UK-based and has only ever worked here but is backdating his taxes/FBARs as we speak, gathering all the information to fill out the forms this weekend.

My question is, as he will be my sponsor, and will need to prove income of $25,525+/yr, how long will he need to be earning in the US before we can apply for my visa? Can we apply for the visa and have him produce his wage slips towards the end of the process, or does it all need to go through at the beginning?

If it all has to be done at the start, is there any other visa my daughter and I could have to enter the country with him, or would we have to wait in the UK for the 6-18 months it can take for the visas to be approved?

Advice gratefully received!

Rete

I am amending my post as I just went back to read your initial post and it shows that your husband is your daughter's father but because he can't pass on US Citizen to her, she will require a visa, as well.

As your husband will be filing the I-130(s) for you, and one for your daughter, the I-864 affidavit of support is taken to the US Consulate on the date of your interview for the IR visas. I understand that he is currently living and working in the UK, however, his UK salary cannot be used. Salary must be income earned in the US so he can file for you and your daughter while still living in the UK and then return to the US, find employment and use that income for the affidavit of support. Since it will take from 4 to 6 months to go the direct consular filing route, he has time to come to the US, find employment and complete the I-864 using 3 or 4 paystubs (and I would include a letter from his employer stating the position he holds and the annual amount he will be earning) OR, if he has enough in assets, the assets can be used to fulfill the I-864 financial requirement if the asset is liquidable within one year and is 3 times the amount needed if he were using wages, i.e. $25,525 x 3.

Here is an excerpt from the I-864 instructions:

Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your
assets must equal at least five times the difference between your total household income and the current Federal Poverty
Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor
child, the total value of your assets must only be equal to at least three times the difference.

Yes, you will have to continue to live in the UK but you can come and visit your husband in the US using the VWP if you are eligible to complete the ESTA. But you cannot live in the US without first obtaining the appropriate visa.

ian-mstm

To clarify, he is your sponsor. He must be... and there is no option for him not to be.


... or assets at $76,575 ($25,525 x 3)... or some combination of income/assets.

Ian

Pulaski

You can go and visit him in the US, assuming that you are ESTA eligible (I would not recommend trying to get a B-2 visa as it may well be rejected). That would confine you to visits not exceeding 90 days. But there is no visa that is a "pending family visa processing visa".

I don't see any practical reason why your daughter can't attend school of she is aged 5 or older, subject to the 90 day maximum period in the US stipulation, because children living in the US are required to attend school (or be registered for homeschooling) irrespective of the or legal residence status. In other words, even children in the country illegally cannot be denied a place at a school. Any attempt by a school district to restrict access to public education based on visa status is unlawful.

Rete

I believe their daughter is 2.

Pulaski

OK, so what I said above wouldn't apply in this case.

vickyr

Thank you everyone!

Ian, to clarify - I was under the impression he could be a joint sponsor with someone else. I wasn't clear, but what I meant was he would likely be the only sponsor, as we would not have anyone else's assets to fall back on, and that we would be relying on his income, because we probably wouldn't be able to come up with the 3x assets by the time we're hoping to move. Thanks for your input

Pulaski, thank you so much for the advice - our daughter in 2 now, but if for any reason we struggle to get everything tied up, there is a chance she'll be schooling age. It's really helpful to know

Rete - That is so helpful, thank you. I was concerned it might be seen as dishonest/misleading if we entered on a 'holiday' visa when our long-term intent was to live and work, even if we returned home before coming back on the correct visa, and didn't want that to affect our applications. So we can file with him as our sponsor, then have a good 4-6 months before we're required to offer proof of income/assets. You have raised another question - is it 3x or 5x assets?

Rete

AFAIK, it is 3X. I copied and pasted from the I-864 instructions but that doesn't say if the 3X the amount in assets pertains to someone who is doing DCF or just someone who is adjusting status from within the US.

Ian stated 3X, as well.

The next resident expert is Noorah101. You can search the marriage-based forum (link for search is on the beige header above) for other input on this.

vickyr

Thank you! I will do that.

Noorah101

It's 3x the amount for the sponsor. It would be 5x for the joint sponsor.

Your husband is your sponsor, period. If he doesn't meet the income or asset requirements, he can use a joint sponsor. Since you don't know anyone to be a joint sponsor, then you have to do as you are planning... have him return to the USA (after filling the I-130 in London) and work long enough to get a few pay stubs to show.

Rene

Noorah101

Long enough to get a few pay stubs in hand and get a letter from his employer stating his employment status, position, and salary.

You are filing the I-130 directly to London, so the I-864 (along with tax returns and proof of income) are not due until the day of your visa interview.

6 to 8 months is more like it. I haven't heard of a DCF case taking as long as 18 months. But as others have said, you can visit the USA while waiting.

Rene

vickyr

Thanks Rene! 6-8 months is a lot more easy to stomach than 18

Dolewhippy

If her husband goes to the US to set up ahead of time, would they still qualify to use DCF?

Noorah101

Yes. Once the I-130 is filed and accepted in London, the USC is free to leave the UK.

Rene

ian-mstm

Yes. The requirement is that the USC be in the UK in non-visitor status to be eligible to file the I-130 to London. Once the I-130 is filed, the USC can then leave the UK at any time afterwards.

Ian