Michamoo09

Hi me i have very recently been to the us to visit my partner an ended up getting married completely out the blue last minute decision on the anniversary of our engagement anyway i have returned to the uk as my intention was never to stay but for our beliefs we wanted to right in the eyes of god i am looking to return on just another visit in August for 4 weeks with my two children but me an my husband want to start the i-130 will this stop me being able to visit in August? Also my husband is disabled has been most of his life from having cancer as a child i will be his primary career an also the sole income provider we do not have anyone as a sponser is there another way around this for the visa application? Thanks

Twinkle0927

Congratulations on your marriage.

Having filed an I-130 already will have no impact on your ability to visit. As before, you will need to satisfy the CBP officer on arrival that you are just visiting and will return to the U.K. No entry is ever guaranteed - except to US citizens - so each individual visitor must convince the CBP officer that they will return.

The fact that your husband is disabled will have no impact on your application whatsoever. Disabled people are eligible to petition their family members just as much as able-bodied people. However, the financial requirements for sponsorship remain the same, disabled or able-bodied. Your husband will need to either be earning enough to support you and your children to the tune of the amount listed for the household size on document I-864P or have three times that amount in assets. You can use your assets too. Or you will need to find someone who is 18 or older, a US citizen or green card holder, and living in the USA who makes enough money for their own household plus you and your children. It doesn't have to be someone in the same state. You don't have up be related to them. Anyone who meets the income and residency requirements will do.

How old are your children? If they are minors you will need permission from their legal father to remove them from the country.

ian-mstm

No. Even with a visa in process, you are still allowed to visit the US.


No. As the USC spouse, your husband must be your sponsor. Regarding financial responsibility, the US citizen must sign a binding contract with the US government. The responsibilities are listed in the I-864, I-864 Instructions, and I-864P. All the forms are available at www.uscis.gov. He must have income that meets the requirements; assets at 3x the income amount if income is not available; or a combination of income and assets. Now that you are married, your assets can also be used... but not your income unless it will continue from the same source once you've moved to the US. If none of this is possible, then you must find a joint sponsor who meets the requirement: income, assets at 5x the income amount, or some combination thereof.

If there is no one who meets the financial requirements then, quite simply, you will not get a visa.

Ian

ian-mstm

I agree - but there's no indication that the children are moving... only that they are coming for a visit.

Ian

Michamoo09

Thank you for your reply we have not tried for an i-130 yet i just needed to know that if we apply before August that i will still be able to visit with the children for there summer break i will be returning to the uk with them as it will be my sons firat year in school my son is 4 an daughter 5 i do plan on them moving with me i am in the process of applying to family court for this permission

If i get a sponsor for just me an my husband for the affidavit of support after it is accepted then can i apply for my children to join us ?

Rete

Yes, your husband can file for his stepchildren after he has filed an I-130 for you and you have received your CR-1 visa or before. However, if you want the children to immigrate with you, then you need to have him file all three petitions at the same time or as close together as possible so they can be adjudicated together at the US Consulate. Also regardless of when he files for them, he will have to show income and/or assets or a combination of both to support you, the two children, plus himself. Or the joint sponsor will have to show this financial ability.

As your spouse is disabled, does he received social security disability? That can be used as income for the I-864.

Pulaski

If the children's father(s) agree then there is no need for a court order, and if he (they) don't agree he (they) can almost certainly veto the removal of the children from the UK.

So personally I wouldn't worry too much about the visa application process until you know if you can take your children with you, unless you are willing to leave them behind.

Michamoo09

I do not need his permission an its somthing he has expressed clearly that he wouldnt give i can however take it to family court an present my case for the children to move with me as i will be providing them a better life that he or i can provide here in england so i have no worries on the famliy court case that is somthing that is in the process but i need my visa to show that i am eligible to move with the children as i already have the rest of the evidence i need to show the court that i can provide a better lofe for them in the us

Michamoo09

My husband does recive ssi and i understand this will be taken as income but im woundering if he files for me once i have been accepted can then both our imcome be counted to bring the children over ?

Pulaski

But that is exactly my point "better life", or not (which I suspect highly debatable, given your concerns about income and savings to support a visa*), the children's father can pretty much show up in court and say that he objects because he will become estranged from his children and your request for a court order will be denied.

Do not underestimate how difficult it will be - a few years ago there was a case where a father who hadn't even seen his children for several years successfully objected to them being removed from the UK.

* Just out of curiosity, what job do you have in the UK and what work do you anticipate doing in the US?
No, or at least not unless the income will continue after you immigrate to the US.

Rete

Can you clarify this, please? As you are married, both your incomes and both your assets can be considered. The downside is that your income in the UK is of no use unless it is 'continuing' once you come to the US and I'm assuming it is not.

Now if you are considering leaving your children in the UK and only you emigrate to the US on an approval immediate relative visa (CR-1 in your case), finding employment, working for a few weeks/months and only then filing the two I-130's for the children, yes, that is one way to go to achieve your end goals. It means you being separated from the children for close to a year so that is something to take into consideration.

Of course that also hinges on your obtaining permission for the children to leave the UK.

Does your husband not have family or friends who might be willing to help with the affidavit of support? Can he work at all from home, i.e. computer employment? Who takes care of him now since you will be his primary caregiver once you are in the US? Will this at home need allow you to work outside of the home? It is really none of my business so please you do not have to answer my questions. Just trying to find ways that will be helpful to you now and in the future.

Michamoo09

I dont underestimate the system at all an i have a very good job here in the uk with a sister company of a us firm that i will be applying to once i move an is very well paid so when i do move yes i will be able to provide them a much better life especially financially an my concerns here were never about the children and permission i have that all in hand ...would ask you not to judge on my financial situation as that also have no concern with once i move it is the ability to move there with my husbands finance that is my concerns

Michamoo09

We are looking into my family out there being a affidavit of support but just trying to see ALL my options as i am new to this an only have information from the internet so want to see if i can do this without affidavit an if i do have to then need to know as much about my options with that if im to present this to my family in asking them for there help

No my income would not be counted as it is a sister company to the one i plan on moving to it is the same job just a lot better paid in the us an have already talked with some of the company members who have said they would love to have me if i was able to move over as for being his primary carrier he is able to be on his own but needs assistance in helping with some daily tasks as he has currently got a nurse to help him with this i would like to take the responsibility as his wife an im sure he wont be coverd for the nurse once i am living with him anyway

Rete

One possible way to avoid having the need for a joint sponsor (your husband will always need to file an affidavit of support for you and he will be the one the government will go after first if you or the children claim means tested benefits) would be if you were able to obtain a transfer in writing to the US branch of the company you are currently working for. It would need to state that you will be stating immediately upon arrival in the US, the type of employment, i.e. full time, part time, and salary. Since their US branch is willing to employ you is there any way that you can the above transfer officially?

rpjs

This. I (the UK citizen) was able to do this with my UK/US employer which meant it was my income, continuing in the US due to my transfer, that we used.