Hilary

I have US Citizenship, though I've never lived there. I'm moving to the USA with my
UK husband, and understand the procedure is to get one/both of us a job, apply using
the I-130 for him, and then take it from there.

I'm a bit confused as to what else is required. The fee for the I-130 is listed at
$130, but I've seen figures of around $300 given for immediate relative immigration.
Is there something else we need to pay for?

Could we go out together, with him entering on a tourist visa, get a job for me
and then file the I-130? We've got plenty of relatives to stay with, so address
isn't a problem.

What happens if I don't have 3 years of federal tax returns? (I only found out
recently that I was supposed to file, even though I don't owe anything.) Can I just
get a copy of my UK tax return?

Is there anything else that I might not know? I've been reading through the archives,
but couldn't find anything very similar to my case.

Many thanks,

--
Hilary

L D Jones

Hilary wrote:
    >
    > I have US Citizenship, though I've never lived there. I'm moving to the USA with my
    > UK husband, and understand the procedure is to get one/both of us a job, apply
    > using the I-130 for him, and then take it from there.
    >
    > I'm a bit confused as to what else is required. The fee for the I-130 is listed at
    > $130, but I've seen figures of around $300 given for immediate relative
    > immigration. Is there something else we need to pay for?

The visa itself, issued on the day of the interview, also costs money. There is a fee
for the medical exam and any jabs (immunisations) he may require. I think I paid
about $USD500 for my wife's I-130 all together but I don't remember the exact cost.

You steps are a bit incorrect. He can't go there without getting the proper
visa first.

Where do you live now? If both of you live in the UK you can file the paperwork
directly at the Embassy in London. The whole process should take about 4 months
to complete.

    > Could we go out together, with him entering on a tourist visa, get a job for me and
    > then file the I-130? We've got plenty of relatives to stay with, so address isn't a
    > problem.

I don't think so.

Read the immigration pages at www.usembassy.org.uk

He could be detained and deported at the port of entry since he has "immigrant
intent" and one cannot enter the US on a simple tourist waiver in this case. You will
want to get his visa before entering the US since once he enters he will be a legal
permanent resident with the right to work. If you file after entry to the US the
paperwork will be processed in the US and it will take a lot longer (1 year or more?
vs. 4 months).

    > What happens if I don't have 3 years of federal tax returns? (I only found out
    > recently that I was supposed to file, even though I don't owe anything.) Can I just
    > get a copy of my UK tax return?

You should file all the returns now, I believe. You will need them even of you did
not owe any US tax I think. Since your income level may not qualify you will also
need to find a co-sponsor. The questions about form I-864 on the US Embassy website
will tell you more about this.

    > Is there anything else that I might not know? I've been reading through the
    > archives, but couldn't find anything very similar to my case.

Search groups.google.com for alt.visa.us.marriage-based and www.google.com for
something like "I-130 DCF London." Most people who have done what you want to do,
including myself, read and post there.

Here is one page that describes the process

http://www.ameriscot.com/i130/

What you want to do is known as "DCF" (Direct Consular Filing). Note this is not an
INS term and no one at the embassy will call it that. The page above may be
slightly out of date (some form number and fees have changed) but it will describe
the procedure for you. It is the page my wife and I used along with the US Embassy
web pages.

Hilary

    > Where do you live now? If both of you live in the UK you can file the paperwork
    > directly at the Embassy in London. The whole process should take about 4 months to
    > complete.

We're both in the UK. I take it I don't need to do anything, as I have a US passport,
even though I've never lived there?

    > > What happens if I don't have 3 years of federal tax returns? (I only found out
    > > recently that I was supposed to file, even though I don't owe anything.) Can I
    > > just get a copy of my UK tax return?
    >
    > You should file all the returns now, I believe. You will need them even of you did
    > not owe any US tax I think. Since your income level may not qualify you will also
    > need to find a co-sponsor. The questions about form I-864 on the US Embassy website
    > will tell you more about this.

Will it matter if they're not incredibly accurate? I was a student for at least 1 of
those years, and my income's slightly different for each year.

    > > Is there anything else that I might not know? I've been reading through the
    > > archives, but couldn't find anything very similar to my case.
    >
    > Search groups.google.com for alt.visa.us.marriage-based and www.google.com for
    > something like "I-130 DCF London." Most people who have done what you want to do,
    > including myself, read and post there.

Thanks. I'm working through the backlog on AVUM-B!

--
Hilary

Hilary

(Apologies for replying to own post...)

I have another question. We have to prove that we're not going to be on welfare, and
this usually means having a job/promise of a job.

When we sell our UK house, we'll have around 20,000GBP left after clearing all debts.
If we had somewhere to stay (for example, friends' or relatives'), would this be
enough? It's more than the poverty line, and should be plenty to tide us over while
finding job, place to live, etc.

--
Hilary

Pulaski

You should check the INS sevice web site as that gives all the details, but in brief, £20k will not be sufficient. I think that, for a married couple you either need income of $15k pa approx, or 5 times that amount in capital.

There is also an alternative method of satisfying the requirement - the guarantees from existing US resident citizens for the same capital amount ($75 approx).

If you don't have the assets then you should consider coming ahead of your husband and getting a job while he waits for the visa in the UK.

My wife is a US citizen and we went through this process last year - though luckily we had the assets thanks to the crazy proerty price explosion in London.

Do ask if you have more questions - but the INS web site will be your best resource.

Good luck!

Hilary

    > > I have another question. We have to prove that we're not going to be =
on
    > > welfare, and this usually means having a job/promise of a job. When we sell our
    > > UK house, we'll have around 20,000GBP left after clearing all debts. If we had
    > > somewhere to stay (for example, friends' or relatives'), would this be enough?
    > > It's more than the poverty line, and should be plenty to tide us over while
    > > finding job, place to live, etc.
    >=20
    > You should check the INS sevice web site as that gives all the details, but in
    > brief, =A320k will not be sufficient. I think that, for a married couple you either
    > need income of $15k pa approx, or 5 times that amount in capital.

I have tried the website but some bits are as clear as mud...

What I gathered is that we need to prove we have over $15,000 for income=20 (125%
poverty line). Why would they not accept $30,000 in cash, if we had=
=20
arranged somewhere to stay?

    > There is also an alternative method of satisfying the requirement - the guarantees
    > from existing US resident citizens for the same capital amount ($75 approx).

I'd rather not ask if we don't have to.

    > If you don't have the assets then you should consider coming ahead of your husband
    > and getting a job while he waits for the visa in the UK.

That is an unpleasant possibility. Particularly as he's more qualified -=
=20
he's a proper computer techie with various qualifications, and I'm just a=
=20
CS/travel agent.

    > My wife is a US citizen and we went through this process last year - though luckily
    > we had the assets thanks to the crazy proerty price explosion in London.

Ditto Scotland.

How easy is it to get a job offer before a visa? (Theoretically - I know=
=20
the length of the string.) Would it be better to try word-of-mouth for at=
=20
least a temporary job for one/both of us?

--=20 Hilary

Pulaski

I have tried the website but some bits are as clear as mud...

-> True!

What I gathered is that we need to prove we have over $15,000 for income (125% poverty line). Why would they not accept $30,000 in cash, if we had arranged somewhere to stay?

-> Why? Because the government says so! Do not expect the federal government to be logical, any more than the UK government. You could try the argument, but don't expect it to work. Maybe if you try an experienced immigration lawyer they may know a way to "convert" free lodgings into a deemed cash income equivalent?

-> There is also an alternative method of satisfying the requirement - the guarantees from existing US resident citizens for the same capital amount ($75 approx).

I'd rather not ask if we don't have to.

-> I wouldn't either.

-> If you don't have the assets then you should consider coming ahead of your husband and getting a job while he waits for the visa in the UK.

That is an unpleasant possibility. Particularly as he's more qualified - he's a proper computer techie with various qualifications, and I'm just a travel agent.

-> We thought so too, but if you want to come you may have to pay that price. You should also be aware that jobs in "techie" businesses aren't easy to come by here at the moment.

-> My wife is a US citizen and we went through this process last year - though luckily we had the assets thanks to the crazy proerty price explosion in London.

Ditto Scotland.

How easy is it to get a job offer before a visa? (Theoretically - I know the length of the string.) Would it be better to try word-of-mouth for atleast a temporary job for one/both of us?

-> I managed to get a job before I got my visa, but that was with a good, smaller, recruitment agent. It was pure chance that I found her when most agents were completely ignoring me, and recruitment web sites want to know what class of visa you have and/or your social security number before you can even register.

-> I suggest visiting your local main library to look for agents in the US yellow pages, and then contacting them directly.

-> I also strongly recommend you check Autosource for a car (phone NY 001 516 496 1816). If you have no US credit history you will find it impossible to buy a car on credit, and presumably you don't want to blow a sizeable part of your cash on a car? So long as you commit to a car BEFORE you l leave the UK they will sell you a Ford/GM/Chrysler (only) at the dealer price, and on manufacturer's credit terms. I got a car at 0% over 36 mths last December - 20% down, plus the sales tax, and 36 payments of $530 and a 4.6 litre Mustang GT is all mine! Of course cheaper cars are also availble - the Ford Focus is a popular small (this is the US, remember) car right now, and much cheaper than in the UK.

Anything else?

Hilary

    > What I gathered is that we need to prove we have over $15,000 for income (125%
    > poverty line). Why would they not accept $30,000 in cash, if we had arranged
    > somewhere to stay?
    >
    > -> Why? Because the government says so! Do not expect the federal government to
    > be logical, any more than the UK government. You could try the argument, but
    > don't expect it to work. Maybe if you try an experienced immigration lawyer they
    > may know a way to "convert" free lodgings into a deemed cash income equivalent?

I meant we would have that amount of cash - almost 2 years' worth of income; would
this be accepted? I mean, they want to know you can settle without claiming
benefits, right?

    > That is an unpleasant possibility. Particularly as he's more qualified - he's a
    > proper computer techie with various qualifications, and I'm just a travel agent.
    >
    > -> We thought so too, but if you want to come you may have to pay that price.
    > You should also be aware that jobs in "techie" businesses aren't easy to come by
    > here at the moment.

Nor here either. But he's good at support calls, and can do that - AFAIK people are
always needed for helpdesks!

    > How easy is it to get a job offer before a visa? (Theoretically - I know the length
    > of the string.) Would it be better to try word-of-mouth for atleast a temporary job
    > for one/both of us?
    >
    > -> I managed to get a job before I got my visa, but that was with a good,
    > smaller, recruitment agent. It was pure chance that I found her when most agents
    > were completely ignoring me, and recruitment web sites want to know what class
    > of visa you have and/or your social security number before you can even
    > register.
    >
    > -> I suggest visiting your local main library to look for agents in the US
    > yellow pages, and then contacting them directly.

Thanks, we will. I'll also pass the word round extended family...

    > -> I also strongly recommend you check Autosource for a car (phone NY 001 516
    > 496 1816). If you have no US credit history you will find it impossible to buy a
    > car on credit, and presumably you don't want to blow a sizeable part of your
    > cash on a car? So long as you commit to a car BEFORE you l leave the UK they
    > will sell you a Ford/GM/Chrysler (only) at the dealer price, and on
    > manufacturer's credit terms. I got a car at 0% over 36 mths last December - 20%
    > down, plus the sales tax, and 36 payments of $530 and a 4.6 litre Mustang GT is
    > all mine! Of course cheaper cars are also availble - the Ford Focus is a popular
    > small (this is the US, remember) car right now, and much cheaper than in the UK.

That's great! Really helpful, thanks.

--
Hilary

Pulaski

What I gathered is that we need to prove we have over $15,000 for income (125% poverty line). Why would they not accept $30,000 in cash, if we had arranged somewhere to stay?

Why? Because the government says so! Do not expect the federal government to be logical, any more than the UK government. You could try the argument, but don't expect it to work. Maybe if you try an experienced immigration lawyer they may know a way to "convert" free lodgings into a deemed cash income equivalent?

I meant we would have that amount of cash - almost 2 years' worth of income; would this be accepted? I mean, they want to know you can settle without claiming benefits, right?

Correct, but the rules are that you either have a job or 5 years poverty level income as capital. I cannot see that they are ever going to give your husband a visa without you, as a couple, meeting one of these requirements.

I think that you may have to face either coimng ahead and getting a job yourself, or asking members of your family to support your husband's visa. I know that neither are great, but half the world is trying to get in here and they don't make it easy.

Here's a question for you. Have you been married two years? It will be whole lot easier if you have. I came here when I had been married 20 months and I am now a "conditional" permanent resident for 2 years from my date of entry.

If you have any other questions give me a shout.
Good luck!

Rete

Re Financial Sponsorship.

As the USC, it is your responsible to financially sponsor your alien spouse. The INS requires form I-864 to be completed by you. You must show 125% of the poverty guidelines for this year (approx. $14,800 US) or that amount times 5 in assets. Anything less than either amount is unacceptable and you will need to have a co-sponsor in order for the I-130 to be approved.

As a USC you are responsible for filing taxes regardless of where you live in the world. You may get the back forms from the IRS website and file late. Since there is a tax treaty in place between the UK and the US unless you earned over $72,000 appx US, you won't owe anything.

As for employment, it does not matter if your husband has a PhD in his field and you are only a grade school graduate. He is NOT allowed into the US to job hunt, accept employment or begin working until he has express permission from the US Government.

The road to the US and permanent residency is not particularly easy nor should it be. I'm a USC and my husband is Canadian and we and hundreds of thousands of others yearly have to virtually do the same thing you are doing or will be doing. It means sacrifices and frustration but it is doable.

Since your husband is in the computer field, if he has the degrees, perhaps he might be able to find an employee who will sponsor him for an express H-1B work visa. It would get him here sooner and with no responsibility resting on your shoulders for the moment as an H-1B is a dual intent visa.

Since you have never lived in the US but are a citizen <?>, do you know if you will even like living here? Are you and your husband aware that there is a recession at the moment and that computer industry jobs are not as easily available as previously?

Rete

Hilary

    > Here's a question for you. Have you been married two years? It will be whole lot
    > easier if you have. I came here when I had been married 20 months and I am now a
    > "conditional" permanent resident for 2 years from my date of entry.

Yes, we have. I think this means we don't need to do one of the interviews, but I'm
not entirely sure!

--
Hilary

Hilary

    > As a USC you are responsible for filing taxes regardless of where you live in the
    > world. You may get the back forms from the IRS website and file late. Since there
    > is a tax treaty in place between the UK and the US unless you earned over $72,000
    > appx US, you won't owe anything.

I just downloaded the forms, and am waiting to get in touch with my tax accountant
for help

    > Since you have never lived in the US but are a citizen <?>, do you know if you will
    > even like living here? Are you and your husband aware that there is a recession at
    > the moment and that computer industry jobs are not as easily available as
    > previously?

I've stayed for extended periods of time, have most of my family there and the
climate is better for me. Computer jobs are even less available here because
everyone's competing in a small (physical) area. There's not much chance of
improvement in our area, as the only real jobs are with huge companies who are
terrible to work for (we speak from experience). If we have to move, I'd rather move
somewhere with a family support network, places that I like and know and an area I
get on with, rather than live somewhere I don't like and wouldn't feel safe in.

--
Hilary