Goats Cheese

Evening all,

My fiancee and I are not yet married though she has been living in the U.K for over a year now. As her job is here, how do we go about doing everything via London ?

Does she not need to provide working proof of a job in the U.S to sponsor me ? I have checked the poverty guidelines and she would need to return home I am guessing and then petition from there once she can prove her income.

How do that all work or am I getting mixed up ? We will marry in the EU.

Thank you guys n girls

ian-mstm

Once you are married, she sends the I-130 petition to London... and that starts the process.


No. As the USC spouse - she must be your sponsor, even if she doesn't qualify financially.


Have you read any of the forms and the instructions for those forms? The answer is in form I-864 and its instructions. She'll need a joint sponsor... and it's the joint sponsor's income/assets that will provide the necessary finances.


That's great - but where you marry is irrelevant.

Ian

Noorah101

No.

Go to www.uscis.gov and read the form and instructions for Form I-864, Affidavit of Support. Since by then you'll be married, your assets become joint, so if you and she have 3x the income amount in assets (cash in the bank, property), that could work. Or, a joint sponsor can be used. Details are in the I-864 instructions.

Rene

Goats Cheese

Thank you all

That is very interesting. My Fiance is partly studying so our income will require a further financial supporter. That may be where it gets tricky.

She and I would move in to her Moms house, which is full to the rafters. There are two working adults there and a whole bunch of kids, namely their over 18s who have not left home and a couple of grandchildren.

In this instance how would the 'Household size' be worked out ? I could speak to her mom as she earns over $20,000 a year but I am unsure how they would legally work out the household size with regards to sponsorship.

Thank you again all

Noorah101

Did you read all the instructions? It describes the definition of household size.

Also, the joint sponsor doesn't have to be a relative.

Rene

ian-mstm

You didn't read the form or instructions, did you? With respect, we're not here to spoon feed you information.

Ian

Goats Cheese

Hi all,

Yes I was reading through all the information..maybe I have gotten confused somewhere. I see other people can be financial sponsors but I cannot see how they work out Household size. My Mother in law has another daughter and grandaughter but her daughter is 21 now so I am a tad confused as to weather she is considered to be my Mom in laws responsibilty financially or is included in HH size.

ian-mstm

To qualify, the joint sponsor must have sufficient income to cover their household + you.

So... first, you add up the number of people living in the house who are dependent on her. Then you add one (you). Next, you look at form I-864P in the 125% column for that number of people. The $$ figure is the minimum amount she must earn in income to qualify as a joint sponsor. If she doesn't make that minimum amount, she doesn't qualify.


If the daughter and granddaughter are dependent on her, then yes... they're included. At its most basic, if your future MIL supplements anyone's income so as to make ends meet then they are dependent on her and must be included as part of her household. Some will suggest they're only counted if they're claimed as dependents on her tax returns... but I disagree with that and so might a Consular Officer in deciding whether or not to grant the visa.

Ian

Goats Cheese

Hi all,

Thank you indeed. That helps a lot. Turns out that Mother in law has no dependants as her other daughter works and claims the grandaughter is on her taxes. My mother in law lives with her sister..they are renting a large house together.

Thank you for your help ☺

Goats Cheese

Morning all,

Apologies- if anyone sees this I think I have mixed the routes up. DCF is what I was looking at but my fiancee isnt in the UK on a visa. She obtained her Italian passport and moved here as an EU Citizen a year and half ago so is not yet 'resident' as per UK requirements to file for 'Leave to remain' .

Can anyone throw any light on what difference this makes ?
Thanks kindly to anyone who can

Noorah101

As long as she is living in the UK legally, she should be able to file the I-130 directly to London. Of course you need to be married first before the I-130 can be filed.

If, for some reason, they don't accept the I-130 in London, it will only take a couple of weeks for them to send the package back to you (including the fee) with a note to file it in the USA, so you won't lose much time by trying.

Rene

Goats Cheese

Thank you so very much. The word 'resident' had me thrown there. She has SS number in UK, studies and works. The only spanner in the works I can find so far is health..I have Lyme Disease as per a German Doctor but not a U.K one. Im good some days, bad others but am not on Long term medication, physio or showing as having abnormal bloods. I best get looking in to how that could affect my chances � ����

Ahh, such is life. Thank u again kindly.

ian-mstm

She isn't required to be.


LTR isn't a requirement.


She lives in the UK legally - that is sufficient.


Unless you are a danger to yourself or others, it's pretty much insignificant with respect to US immigration.


It won't.

Ian

Goats Cheese

Hello Ian..aww thank you � ����
I have been reading the U.S policies in detail and though not 'catching' ..Lyme has prevented me going back to work F.T and this little town has no Part time work for a graduate Psychologist. For now Im not at work.
In the U.S id be living with my future MIL and Wife -both of whom will be working. I would obtain Insurance prior to going. I can only hope that as Lyme can restrict you to working from home or less than 40hours- that Im not inadmissable.
You have all been so kind to me thank you.

ian-mstm

There is no requirement whatsoever that you work! Full-time; part-time; never... it makes no difference for US immigration purposes. That's why your USC wife signs an I-864 Affidavit of Support. Your finances, now and/or in the future, make no difference at all to whether or not you get a visa.

Ian