abletsandtoast

I've just stumbled upon this site and I've already found lots of useful information - thanks!

I am a dual citizen of the US/UK, currently living in the UK. I married my British partner in August last year and I filed an I-130 on his behalf in February. In September I will be starting a Masters in the US and I'm intending to live and work in the US when I finish my course. When I filed the I-130, I thought 6 and a half months would be enough time to get my husband a visa, based on information on the Embassy website (petitions were being processed in 2 months plus 3-4 months for the visa application). However, we are still waiting for the petition to be approved so I've lost hope that my husband will be accompanying me to the US in September.

From browsing the forums, I get the impression that problems seem to be the norm in the visa application process but was wondering if anyone experience relevant to us. Here are our problems:

1. Come September 2nd, the date I leave, my husband will be homeless if he can't come with me. He has plenty of friends who can lend him a couch so he won't be living under a bridge or anything but there is no way we can afford rent and utilities (plus council tax in the UK) in both countries so he can't stay in our current home. Aside from the obvious financial concerns in this situation, I'm worried how his lack of permanent address will affect his application. Do you think the visa people would be OK with a business address?

2. Are they likely to frown upon my student status? I'm assuming my student aid will not be suitable for the I-864. I'm about $20,000 short of the full amount I need for the academic year, after the aid I've already been awarded. Although I should get this missing money through supplemental educational loans, it is not possible to apply for these before July so I can't count them just yet. Can I put my current income from my UK job on the form? Obviously, this will not carry on when I'm a grad student. My husband is a barista, so his earnings are pretty unimpressive, but is it worth filling out an I-864 with his earnings? An uncle in the US is sponsoring my husband but his earnings are pretty low.

I apologise for the length of this post. Any advice is appreciated!

Noorah101

You filed the I-130 directly in London, correct? Back in February? That does seem a little lengthy in the approval department...have you contacted them since to find out why?

I think as long as they have a current mailing address for him, that should be fine. He just needs a stable address (even his friends where he is staying) so he can receive his visa applications and medical/interview paperwork.

Neither your nor your husband's UK income can be included on the I-864 unless it will continue from the same source in the USA (which it seems it won't). You have a joint sponsor, the uncle, right? The uncle has to earn enough for his own household size plus the immigrant, so make sure he qualifies. Look at www.uscis.gov, Immigration Forms, I-864P to make sure uncle meets the 125% income level for his household size plus one. You can also use joint assets if you have enough in the UK...and uncle can also use assets if he doesn't earn enough in the USA.

Best Wishes,
Rene

abletsandtoast

The delay is due to problems with my husband's surnames and his father's name. He's had nothing to do with his natural father since he was a baby and he's been using his stepfather's surname since he was very young. Also, his stepfather appears as his father on our marriage certificate (the registrar approved this) so we needed to provide statements/certificates/affidavits to explain this. I'm hoping we'll hear back from the Embassy soon.

My uncle's income does qualify according to the USCIS guidelines. I'm just not sure how anyone could afford Boston rent with the income given in the guidelines!

Anyway, all fingers and toes are crossed and I guess we'll just have to wait and see. Thanks for your help, Rene.

Noorah101

You're welcome. As long as Uncle qualifies on paper, you're good to go.

Good luck!
Rene