dukespecial

Hi All,

Me and my wife got married just over a year ago and have taken the decision to move back to the US. We are quite confused about what to do about our situation however, nobody seems to have been in the same situation!

We plan to do DCF next year with my wife(USC) moving back to America around August. At this point in time we worked out we should have around $23k in savings. But with my wife needing money to take to America by the time it came to the interview (4 months later in order to prove domicile and income) we would only have around $22k.

The problem is my wife would only be able to earn $13,000 a year on returning to the US and therefore we worked out we would need 18912-13000*3 which should equal $17,736. So we should be over by about $5,000. We are worried that even though we meet the requirements that it would be likely to be rejected as we are using assets to bridge the gap or are we just worrying too much?

I was also wondering if they look at my employability factor going to the US and the fact I have a good job here would show I am less likely to become a public charge? Unfortunately it is next to impossible for us to get a sponsor as my wife does not have many family members in a position to help so we are working really hard to try and make this happen. We don't want to start an application that is destined to fail.

A final point is I have seen some people mention you needed ILR for DCF? We planned on just getting the FLR(M) extended (which we believe is a 2 year extension?) as we don't intend on returning to the UK or do we need ILR?

If anyone can give any advice (to do with our questions or just in general) it would be great to hear to try and guide us down the right path and know we can acheive our goals! It would also be grand to hear from anyone else who has been close to our situation. : )

Noorah101

At the time of your interview, as long as the amount of income/assets exceeds the I-864P guidelines, you will be fine.

No, they do not. The only way your own factors come into the picture is if you have income that will continue from the same source once inside the USA.

1. Your wife IS the sponsor. What you mean is, it will be next to impossible to find a Joint Sponsor.
2. The Joint Sponsor does not have to be a family member. It can be anyone who is 18+ years old, USC or US PR, living in the USA, and meeting the I-864P guidelines for their household size plus the immigrant.

No. The USC must have been living in the UK for 6+ months. They don't have to have ILR.

Rene

JSL8610

Good advice all round from Rene. Just want to confirm from experience that ILR is not required. My USC wife filed an I-130 for me in London after living in the UK on FLR for about 14 months and it was approved last week.

Regards,
James

dukespecial

Sorry I did mean a joint sponsor.

Thank you both for the replies, we were sure there was a reason for the poverty line and we were worrying too much but it seemed reading some posts people were still being rejected when being over it however this must have been due to assets that were not liquid.

So happy we can make plans for an earlier return now too! Is there anywhere to find out currenct processing times for DCF?

Oh and is it possible to choose a date for your interview if for any reason it is set too early?

JSL8610

This website tells you the filing date they are currently processing on the right hand side:

http://london.usembassy.gov/dhs/uscis/i130filing.html

It also tells you everything you need to know to complete the process. It currently takes 3-4months for them to process the I-130.

You don't get to choose the interview date, although I suppose you could request one when you send in the last round of paperwork. You can also request a change of change of interview date if the first one doesn't suit but, again, you don't get to choose the new date.

ian-mstm

Yes, it's possible. There are, however, two reasons you might not want to... 1) you will never know whether or not the person who has your case file will get the change request, in which case your application will be summarily denied when you fail to show up at the appointed time; and 2) the reschedule date might be a year afterwards!

Ian

Noorah101

Don't make any plans that can't be cancelled or changed. Don't buy any airline tickets until you have your visa in hand. Don't sell any property unless you were planning to sell anyway, and don't mind renting until your visa is ready.

If you see your case is going faster than you anticipated, you can slow it down by not returning the checklist to the embassy until you're ready for them to book your appointment.

Rene

jeffreyhy

Rest assured that many people have been in your situation, you are not breaking new ground. "$13,000 a year" is less than minimum wage for a full time job. To be sure that we understand the situation, are you saying that your wife will be working only part time? Or are you saying that she will earn only $13,000 in the partial first tax year that she will be working in the USA ? If you meet the requirements you will not be denied. Assets can be used to make up for insufficient income, and there's no better asset than cash. "less likely" is not sufficient. Even a job offer is not sufficient. Regards, JEff

dukespecial

Hey all, thanks for all of your replies!! Making things much clearer for us both : )

Don't worry I may want to get there sooner but I know that everything does not go just how you would expect it will all of the time : ) And as for renting I am young and still unfortunately renting anyway : ( I'll also make sure from everybodies advice to delay the application rather than requesting a specific interview date if the need arises.

I am honestly not sure what the full time wage is, how much over $13,000 a year is it for New York State? She will only be working for 3 months before I go to the interview (in the ideal situation) so what the paystubs reflect as the annual wage, so what is the minimum wage in the US?

So good to hear from a few people confirming we were worrying too much!!

JSL8610

http://bit.ly/HIpnvY

Assuming a full time job is 40 hours a week, 52 weeks a year, the minimum wage in New York state would pay $15,080 in a year.

That's ok. The important thing is her salary at the time of interview. A letter from her employer stating the permanent nature of the job (assuming it is) will be useful too, particularly as she will have only just started there.

James

jeffreyhy

The short time in the job could be a negative factor in that it leaves open to question how sustainable the income is. Many new jobs involve a probationary period, for example. It will be important how the employer describes the position in a letter confirming her employment and salary.

The pay stubs should show an hourly or pay period rate or pay - multiply that by the number of periods in a year. E.g., for full time work there are 2080 work hours in a normal year.


The Federal minimum is $7.25. New York follows the Federal rate, some states have a higher minimum. Regards, JEff

dukespecial

Thank you both, sorry for asking about the minimum wage. I did google it I just somehow managed to calculate it to be a lot less... not sure how that happened.

Will make a note of getting a letter from an employer too as it seems as though that will be imperitive. If you do DCF how can they expect you to be in a job for longer than that, do they expect you to be seperated for longer than 4 months?

Noorah101

They don't expect you to be, but some people are, yes.

Rene

dukespecial

Should be really wait for that fourth months paystub to help show that a probabtionary period is no longer in effect or will a letter confirming the permanent nature (as mentioned above) be sufficient?

Again thank you for all of your quick replies : )

JSL8610

I suspect a formal letter stating the type of work, date the employment began, rate of pay and that the position is permanent will go further than an extra month at the job. Of course, I don't know for sure.

James