DISABLED
Jun 16th 2002, 12:20 am
#1
Guest
Posts: n/a
DISABLED
Hello all,
My fiance in the US is totally unable to work and is on government disability. He
has never been able to work due to his disability. What happens when we file for
fiance visa with this? I know about the Affidavit of Support but as he does not nor
cannot work what happens? Will they deny us happiness together? Also for myself
(England), I have been unable to work for the last 10 years due to my ex husband. He
suffered from epilepsy and needed 24 hour care so I had to give up work to do this.
What on earth happens with all this?? Also, my fiance's brother has said that he is
gonna send my fiance over to England to see me in the next while. We haven't started
any filing for the fiance visa yet and they are saying that if we get married here
in England that I can return to the US with him on his visa as I would be married to
a USC. Is this right?
Sorry about all the question but we just don't know what to do about his disability
and the fact of returning with him if we marry here in England.
My fiance in the US is totally unable to work and is on government disability. He
has never been able to work due to his disability. What happens when we file for
fiance visa with this? I know about the Affidavit of Support but as he does not nor
cannot work what happens? Will they deny us happiness together? Also for myself
(England), I have been unable to work for the last 10 years due to my ex husband. He
suffered from epilepsy and needed 24 hour care so I had to give up work to do this.
What on earth happens with all this?? Also, my fiance's brother has said that he is
gonna send my fiance over to England to see me in the next while. We haven't started
any filing for the fiance visa yet and they are saying that if we get married here
in England that I can return to the US with him on his visa as I would be married to
a USC. Is this right?
Sorry about all the question but we just don't know what to do about his disability
and the fact of returning with him if we marry here in England.
Jun 16th 2002, 1:24 am
#2
Guest
Posts: n/a
Re: DISABLED
kathy wrote:
> My fiance in the US is totally unable to work and is on government disability. He
> has never been able to work due to his disability. What happens when we file for
> fiance visa with this? I know about the Affidavit of Support but as he does not nor
> cannot work what happens? Will they deny us happiness together? Also for myself
> (England), I have been unable to work for the last 10 years due to my ex husband.
> He suffered from epilepsy and needed 24 hour care so I had to give up work to do
> this. What on earth happens with all this?? Also, my fiance's brother has said that
> he is gonna send my fiance over to England to see me in the next while. We haven't
> started any filing for the fiance visa yet and they are saying that if we get
> married here in England that I can return to the US with him on his visa as I would
> be married to a USC. Is this right? Sorry about all the question but we just don't
> know what to do about his disability and the fact of returning with him if we marry
> here in England.
If you marry in England, you cannot just enter the US and start living as a resident.
Marriage to a US citizen does not convey any type of immigration status to you.
Marriage and immigration are two separate things. You can gain immigration status
based on a marriage to a US citizen, however.
You have a couple of choices:
1. fiance visa: he files the petition, you interview for the visa. You then enter the
US and marry him and apply for adjustment of status to permanent resident. After
you are a resident for 3 years, you can apply for citizenship (and you can still
keep your UK citizenship, by the way)
2. Marry in the UK, then he files an I-130 with the service center (petition for
spouse), and when he receives the notice of action on this petition he then files
for a K-3 spouse visa for you. You obtain the visa, enter the US, and then apply
for adjustment of status to permanent resident.
Either of the two methods above will take around six months, give or take.
As long as his disability income meets the 125% poverty line requirements, he can
sponsor you for either of these visas. You can view the poverty line for different
family sizes here: http://aspe.hhs.gov/poverty/02poverty.htm
You will see that for a family of two, the 100% amount is 11,940 in the contiguous 48
states. 125% of this is $14,925. That is the amount that he has to receive on his
disability per year in order to act as your sponsor if there are just the two of you
and no children involved. If he does not meet this amount, he is allowed to have a
co-sponsor who has adequate 125% income for his entire household plus you. That is,
if the co-sponsor has a family of 3, the co-sponsor would have to meet income
requirements for a family of 4 (to include you).
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> My fiance in the US is totally unable to work and is on government disability. He
> has never been able to work due to his disability. What happens when we file for
> fiance visa with this? I know about the Affidavit of Support but as he does not nor
> cannot work what happens? Will they deny us happiness together? Also for myself
> (England), I have been unable to work for the last 10 years due to my ex husband.
> He suffered from epilepsy and needed 24 hour care so I had to give up work to do
> this. What on earth happens with all this?? Also, my fiance's brother has said that
> he is gonna send my fiance over to England to see me in the next while. We haven't
> started any filing for the fiance visa yet and they are saying that if we get
> married here in England that I can return to the US with him on his visa as I would
> be married to a USC. Is this right? Sorry about all the question but we just don't
> know what to do about his disability and the fact of returning with him if we marry
> here in England.
If you marry in England, you cannot just enter the US and start living as a resident.
Marriage to a US citizen does not convey any type of immigration status to you.
Marriage and immigration are two separate things. You can gain immigration status
based on a marriage to a US citizen, however.
You have a couple of choices:
1. fiance visa: he files the petition, you interview for the visa. You then enter the
US and marry him and apply for adjustment of status to permanent resident. After
you are a resident for 3 years, you can apply for citizenship (and you can still
keep your UK citizenship, by the way)
2. Marry in the UK, then he files an I-130 with the service center (petition for
spouse), and when he receives the notice of action on this petition he then files
for a K-3 spouse visa for you. You obtain the visa, enter the US, and then apply
for adjustment of status to permanent resident.
Either of the two methods above will take around six months, give or take.
As long as his disability income meets the 125% poverty line requirements, he can
sponsor you for either of these visas. You can view the poverty line for different
family sizes here: http://aspe.hhs.gov/poverty/02poverty.htm
You will see that for a family of two, the 100% amount is 11,940 in the contiguous 48
states. 125% of this is $14,925. That is the amount that he has to receive on his
disability per year in order to act as your sponsor if there are just the two of you
and no children involved. If he does not meet this amount, he is allowed to have a
co-sponsor who has adequate 125% income for his entire household plus you. That is,
if the co-sponsor has a family of 3, the co-sponsor would have to meet income
requirements for a family of 4 (to include you).
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jun 20th 2002, 1:20 pm
#3
Guest
Posts: n/a
Re: DISABLED
Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
> kathy wrote:
> > My fiance in the US is totally unable to work and is on government disability. He
> > has never been able to work due to his disability. What happens when we file for
> > fiance visa with this? I know about the Affidavit of Support but as he does not
> > nor cannot work what happens? Will they deny us happiness together? Also for
> > myself (England), I have been unable to work for the last 10 years due to my ex
> > husband. He suffered from epilepsy and needed 24 hour care so I had to give up
> > work to do this. What on earth happens with all this?? Also, my fiance's brother
> > has said that he is gonna send my fiance over to England to see me in the next
> > while. We haven't started any filing for the fiance visa yet and they are saying
> > that if we get married here in England that I can return to the US with him on
> > his visa as I would be married to a USC. Is this right? Sorry about all the
> > question but we just don't know what to do about his disability and the fact of
> > returning with him if we marry here in England.
>
> If you marry in England, you cannot just enter the US and start living as a
> resident. Marriage to a US citizen does not convey any type of immigration status
> to you. Marriage and immigration are two separate things. You can gain immigration
> status based on a marriage to a US citizen, however.
>
> You have a couple of choices:
> 1. fiance visa: he files the petition, you interview for the visa. You then enter
> the US and marry him and apply for adjustment of status to permanent resident.
> After you are a resident for 3 years, you can apply for citizenship (and you can
> still keep your UK citizenship, by the way)
> 2. Marry in the UK, then he files an I-130 with the service center (petition for
> spouse), and when he receives the notice of action on this petition he then
> files for a K-3 spouse visa for you. You obtain the visa, enter the US, and then
> apply for adjustment of status to permanent resident.
>
> Either of the two methods above will take around six months, give or take.
>
> As long as his disability income meets the 125% poverty line requirements, he can
> sponsor you for either of these visas. You can view the poverty line for different
> family sizes here: http://aspe.hhs.gov/poverty/02poverty.htm
>
> You will see that for a family of two, the 100% amount is 11,940 in the contiguous
> 48 states. 125% of this is $14,925. That is the amount that he has to receive on
> his disability per year in order to act as your sponsor if there are just the two
> of you and no children involved. If he does not meet this amount, he is allowed to
> have a co-sponsor who has adequate 125% income for his entire household plus you.
> That is, if the co-sponsor has a family of 3, the co-sponsor would have to meet
> income requirements for a family of 4 (to include you).
>
> Alvena
> Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
> =========================================
> I am not a lawyer and this is not immigration advice. This is my personal opinion,
> gleaned from the previous postings of others, and posted for the purpose of
> discussion only. If your case is complicated, then you may need an immigration
> attorney. Locate an immigration attorney in your area at: http://www.aila.org
> =========================================
Alvena,
Thank you for that info it was great. Now I know I sound like a little baby but I
have looked at so many sites about poverty guidelines and multiply this and that and
I just can't get my head round it.
We know now that my guy will not be able to be sponsor but we are looking for a
co-sponsor. What I can't get my head round is the figures. I know I am asking a lot
but could you or someone let me know exactly how much has to be earned etc by
everything from one person to say a man, his wife and three children? To know an
exact amount. I know that I would have to be brought into that amount somewhere too
but I can't work any of it out.
sorry for being a pain
thanks
news:<[email protected]>...
> kathy wrote:
> > My fiance in the US is totally unable to work and is on government disability. He
> > has never been able to work due to his disability. What happens when we file for
> > fiance visa with this? I know about the Affidavit of Support but as he does not
> > nor cannot work what happens? Will they deny us happiness together? Also for
> > myself (England), I have been unable to work for the last 10 years due to my ex
> > husband. He suffered from epilepsy and needed 24 hour care so I had to give up
> > work to do this. What on earth happens with all this?? Also, my fiance's brother
> > has said that he is gonna send my fiance over to England to see me in the next
> > while. We haven't started any filing for the fiance visa yet and they are saying
> > that if we get married here in England that I can return to the US with him on
> > his visa as I would be married to a USC. Is this right? Sorry about all the
> > question but we just don't know what to do about his disability and the fact of
> > returning with him if we marry here in England.
>
> If you marry in England, you cannot just enter the US and start living as a
> resident. Marriage to a US citizen does not convey any type of immigration status
> to you. Marriage and immigration are two separate things. You can gain immigration
> status based on a marriage to a US citizen, however.
>
> You have a couple of choices:
> 1. fiance visa: he files the petition, you interview for the visa. You then enter
> the US and marry him and apply for adjustment of status to permanent resident.
> After you are a resident for 3 years, you can apply for citizenship (and you can
> still keep your UK citizenship, by the way)
> 2. Marry in the UK, then he files an I-130 with the service center (petition for
> spouse), and when he receives the notice of action on this petition he then
> files for a K-3 spouse visa for you. You obtain the visa, enter the US, and then
> apply for adjustment of status to permanent resident.
>
> Either of the two methods above will take around six months, give or take.
>
> As long as his disability income meets the 125% poverty line requirements, he can
> sponsor you for either of these visas. You can view the poverty line for different
> family sizes here: http://aspe.hhs.gov/poverty/02poverty.htm
>
> You will see that for a family of two, the 100% amount is 11,940 in the contiguous
> 48 states. 125% of this is $14,925. That is the amount that he has to receive on
> his disability per year in order to act as your sponsor if there are just the two
> of you and no children involved. If he does not meet this amount, he is allowed to
> have a co-sponsor who has adequate 125% income for his entire household plus you.
> That is, if the co-sponsor has a family of 3, the co-sponsor would have to meet
> income requirements for a family of 4 (to include you).
>
> Alvena
> Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
> =========================================
> I am not a lawyer and this is not immigration advice. This is my personal opinion,
> gleaned from the previous postings of others, and posted for the purpose of
> discussion only. If your case is complicated, then you may need an immigration
> attorney. Locate an immigration attorney in your area at: http://www.aila.org
> =========================================
Alvena,
Thank you for that info it was great. Now I know I sound like a little baby but I
have looked at so many sites about poverty guidelines and multiply this and that and
I just can't get my head round it.
We know now that my guy will not be able to be sponsor but we are looking for a
co-sponsor. What I can't get my head round is the figures. I know I am asking a lot
but could you or someone let me know exactly how much has to be earned etc by
everything from one person to say a man, his wife and three children? To know an
exact amount. I know that I would have to be brought into that amount somewhere too
but I can't work any of it out.
sorry for being a pain
thanks
Jun 21st 2002, 12:20 am
#4
Guest
Posts: n/a
Re: DISABLED
kathy wrote:
> We know now that my guy will not be able to be sponsor but we are looking for a
> co-sponsor. What I can't get my head round is the figures. I know I am asking a lot
> but could you or someone let me know exactly how much has to be earned etc by
> everything from one person to say a man, his wife and three children? To know an
> exact amount. I know that I would have to be brought into that amount somewhere too
> but I can't work any of it out.
>
OK, if your co-sponsor has a wife and 3 children, then he would have to earn enough
for himself, the wife, the 3 children, and YOU. That would be for a total of six.
The 100% amount for six people is 24,260. The 125% amount (the amount he would need
to have in income to sponsor) would be $30,325/year.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> We know now that my guy will not be able to be sponsor but we are looking for a
> co-sponsor. What I can't get my head round is the figures. I know I am asking a lot
> but could you or someone let me know exactly how much has to be earned etc by
> everything from one person to say a man, his wife and three children? To know an
> exact amount. I know that I would have to be brought into that amount somewhere too
> but I can't work any of it out.
>
OK, if your co-sponsor has a wife and 3 children, then he would have to earn enough
for himself, the wife, the 3 children, and YOU. That would be for a total of six.
The 100% amount for six people is 24,260. The 125% amount (the amount he would need
to have in income to sponsor) would be $30,325/year.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
