DerekB1972

Firstly, thanks for all of the help so far, my US partner and I were married in the UK a few weeks ago (time flies when you're having fun) and now we're about to start the I-130 process from the UK as well as the UK visa extension over here so we can stay together for the duration of the process.

From what I've read we need to complete the I-130 online and provide the following documents:

• A copy of my partners USA passport (for proof of US citizen)
• A copy of our marriage certificate (proof of relationship)
• A copy of divorce (proof previous marriage was legally terminated)
• I-130A completed with my details.

The other requirements are

• two identical passport style photographs - do we just get these and scan them?
• proof we have a bona fide marriage - will council tax bill suffice as this is all we have in both names?

If it helps neither of us have children and my partner is keeping her current name until we're in the USA so that all documents have the same name (which also helps for her extension visa in the UK).

Thanks for any help

Derek

Noorah101

Everything you need is listed in the I-130 instructions. Just follow that and you'll be fine.

Looking ahead a bit, how will the USC prove financial support on the I-864, since I assume her income is UK based? That is something you'll need to think about. Also, make sure she has filed her most recent 3 years of US tax returns.

Rene

DerekB1972

Hi,

We'll be using my assets for the financial support (my house) as the equity is more than the required amount, my partner has been here on a fiance visa since Jan and was in the USA prior to that so all US tax returns are up to date.

Thanks

Derek

SanDiegogirl

How does equity in a house qualify for financial support? If one needed money to survive it could take months to sell a property.

If one is applying for a UK visa, one has to have sold the house and have the cash ready.

DerekB1972

Hi,

I was under the impression that we could use our assets (including home) for the US Visa? for my partner to stay in the UK while this is processed my wages cover the financial requirements of the UK FLR(M) visa.

This is what I read on the USA visa requirements:

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Thanks
Derek

SanDiegogirl

I was just wondering how equity works.

Your quotes all state cash value for savings - how does equity qualify as cash savings.? As said, it might take months to sell a property and it might not sell for what one thought it would.

Not saying you cannot use equity for a US visa - it just seems a strange quantity to me.

DerekB1972

It's different to the UK were we couldn't use our home as an asset for the very reason you suggest, however from what I've read on the US visa page is the following:

However I've also read that if I can prove "that you will stay in your current job once you enter the United States or get a new position in the United States that meets the financial requirements, you may count your foreign income.", I hadn't noticed this before and the company I work for have already confirmed I can continue my role once I move as we have offices in the USA (although I'll be working from home).

There's a chance that I won't need to worry about these anyway as I'll be selling my car soon and topped up with savings that should cover the $68,661 (£55k ish) requirement

Regards
Derek

Pulaski

You are correct. I included equity in my home in London as part of my "assets", and it wasn't even questioned.

I included mortgage statements and letters from estate agents indicating a likely sale value, which I then adjusted down by around 10% IIRC, so as to be conservative, especially if I had needed to sell quickly. As I said, it wasn't deemed worthy of mentioning either prior to or at my interview.

The letters from estate agents also served as evidence that I was taking steps to liquidate my assets in the UK and relocate to the US.

BTW I wouldn't stake your hopes on being allowed to use your continued employment as an income source, as I recall others have reported scepticism from the visa processing staff.

DerekB1972

Thankyou for that information, hopefully with the sale of my car and savings that will be enough but if not there's plenty of equity in my house and it will be going up for sale in the near future, I'll get some valuations from some estate agents soon, it's a new build and I have the purchase details and mortgage information.

Using my salary didn't even cross my mind until I double checked the asset information earlier so I'll just forget about that for now.

Regards

Derek

Pulaski

Even if other assets and the sale of your car is "enough", unless you have the required amount as literal "cash in the bank", or even if you do, I would still list all your substantial realizable assets, as it will put a stop to any minor annoying questions about your available resources.

DerekB1972

Thanks for the advice, am I correct in thinking that the I-864 form is submitted at a later date to the I-130?

SanDiegogirl

Yes it is, when the petition is accepted.

Rete

The I-864 is required when the I-130 is approved stateside and is sent to the NVC.

S Folinsky

A general description of the family immigrant visa process might be in order. This applies to visa issuance outside of the United States. (If done within the US, it is known as “adjustment of status.”).

The process is two different steps with one being a prerequisite to the other. (There are limited exceptions not relevant to this general description.)

The first application is a Visa Petition. For the normal family petition, this is the form I-130. This form is filed stateside with Citizenship & Immigration Services, an agency of US Department of Homeland Security. ALL this petition examines is the status of the petitioner (e.g. US citizen) and their relationship to beneficiary (e.g. marriage). Again, this is general description.

Once the I-130 is approved CIS is generally done with it and the approved petition is forwarded to the Department of State for visa processing. Generally, this handled by the National Visa Center in Portsmouth NH. NVC handles submission of qualifying information such as criminal records, I-864. Once everything is in order, an interview is scheduled at an overseas consular post (e.g. AmEmb London).

DerekB1972

Thanks for that overview, we've got the I-130 & I-130A completed (although we'll be submitting online it was helpful to go through the application in advance) and ready to submit once our marriage certificate arrives, once submitted I'll start getting all of the required documentation ready for the second step, this forum (and the people on it) have been very helpful and reading other posts along with the CIS services website have provided a lot of information, however with so much information at hand I sometimes confuse myself lol

Thanks again

Derek