dljack

Hello,

USC here, married to UK citizen. We have been married and living in Northern Ireland for 9 years. Homeowners, 2 children (5 and 8). Both of us in full time employment.

We have decided that we want to go back to the USA to raise our daughters. I am from the New England area and will return there, where my family still lives.

I see so much info on people just married, or engaged applying for visa's ect, but rarely see anything on longer term married couples. We have an embassy appointment booked to get my daughters their US passports and SS numbers at the end of the month. We are in no rush and will stay in our UK home while we wait for my husband's visa to come through as it seems staying in work is wiser than waiting in the US.

So I am just looking for any advice from people who have done this, even at almost 10 years married, living together what was your experience. Should the girls and I go and get set up or all wait here together? Will my husband have to go to London to interview?

My research kind of gets to a dead end after the application stage!

Thanks for reading!

Pulaski

We weren't married as long as you, but my wife (USC) lived in London and carried on working almost up to when we flew to the US, almost two months after I got my visa. She didn't want to "go ahead", and we saw little advantage in her doing so. I already had a job lined up, and started work six days after we arrived.

ian-mstm

The length of the marriage is irrelevant to the process - which is the same regardless.


This is necessary only if you are unable to meet the financial requirements as outlined in the I-864 and the I-864 Instructions... or are unable to find a joint sponsor who meets those requirements.


Yes... probably. I'm not sure if you're able to file the paperwork in Dublin, but you may be able to - in which case you'll interview there instead. However, until you know for sure, be prepared for him to go to London to interview.

Ian

dljack

Many thanks for your wisdom. We should be ok with the finance side and I will definitely look into an interview in Dublin, but as mentioned, will expect London. I suppose the only benefit to being married this length is the amount of documents/proof we have. Many thanks again, the knowledge on this site is exceptional!

lansbury

My wife and I had been married 10 years when we headed back to the States. As long as you met the financial requirements I think having an established marriage does make a slight difference. Especially when it comes to the bone fides of the marriage. When we had our interview, my wife came to the Embassy and came up to the window with me without any problem, the Con Off didn't ask any questions and the first thing she said was "Your visa is approved". Partly in my mind that was down to our established marriage.

Pulaski

We'd been married 18 months, I barely recall the validity of out marriage being considered. I suspect it has as much to do with the commingledness of our lives - our own home (not rented) and we were financially comfortable and not likely be obtaining a visa for any improper reason or out of desperation, as is was to do with the length, or shortness, of the time we'd been married.

lizzyq

Given they live in Northern Ireland would the Belfast consulate be an option?

ian-mstm

I thought of that, but I guessed they'd want to file the I-130 petition directly to London because it's the quickest way for the family to proceed. That said, if dljack filed the I-130 to the US rather than to London, then the spouse could probably interview in Belfast. If they're not in any rush, I suppose all they'd lose is a few months difference in the processing time... but perhaps convenience will win out.

Ian

dljack

Hi, We have been working with the Belfast consulate getting my daughter's passports and SS numbers. Unfortunately they do not issue the visa's...I have asked! So I need to file direct to London as far as I have been told. Time is not an issue and I assume finance is not either as we own our own home, outright which we will sell to help fund the move in getting set up and purchase when we are settled. I back for another meeting in Belfast at the end of the month so will ask if we are better applying direct to US, but think we may just follow the normal process of going through London, we can go for an interview no problem. Many thanks!

ian-mstm

Just a note of caution... the current 125% poverty guidelines indicates $30,312 income for a family of 4. Assets must be 3x that amount - so $90,936 (or the £ equivalent). A house, however, isn't always acceptable as an asset because even if you list it, there's no guarantee that you'll sell it within the 12-month deadline for liquidation, and there's no guarantee that you'll get the full asking price. Also, you'll still need some place to live in the US. So, while it may seem like a good liquidable asset, a house isn't always acceptable.

You might want to have a backup plan in place.

Ian

dljack

Ian are you saying that we should perhaps sell first (bank the money) then rent here for a while why we wait for the visa (or stay with family if they will have us

That is an option and well worth looking into as I would not have $90000k sitting about, but have well over that in the asset of the house, but like you said it needs sold first.

Another bit of research for me then, Many thanks again!

Pulaski

Do you have any other investments/saleable assets? I used the net value of our home as part of the assets used to meet the assets value basis, but I also had some equity investments and unit trusts, and we were comfortably over the minimum amount required, such that the value or liquidity of the assets we declared was never questioned at any point in the process.

I really don't know, but I would guess that you'll be fine so long as your assets exceed the specified minimum by, say, 20% or more (show your house value net of estimated agent's and solicitor's fees). Assets with a variable "market value" are much more likely to be questioned if you are close to the lower limit required.

ian-mstm

I don't think cash in the bank has ever not been accepted. There's another option - a US-based joint sponsor for your husband (you and the girls are USCs and don't need to be sponsored).

Ian

NatashaB

Have you been filing your US tax returns while you've been living outside of the US? I believe you will need to catch up on those if not.