dakotas-journey

Hi All, thank you for all the information on this site.

I am a UKC in the UK with USC. We have been in a relationship for 6 years and are planning to get married. He has recently been made redundant and is due to go back to the US in September. I have told him that it would be better for us to get married here and file DCF but he doesn't want to stay. He says I should get a VWP and then do AOS however i'm aware it is illegal to present a misrepresentation. The other alternative i'm considering is for him to travel to the US alone and to file for a fiancé visa, the difficulty he will run into there is that he has not any US earnings. He is due to return to Baltimore, Maryland - thoughts please.

Thanks in advance.

ps - I have a dependant baby. USC is the step-father.

civilservant

to BE

You've pretty much got your options nailed down correctly (kudos to you for doing some great research )

If he dosen't want to wait theres little you can do but go with the K1, or get married before he leaves and do the CR1. It should be noted that the financial requirements for the K1 are not as set in stone as they are for when you adjust status - so if you have savings it might still be possible.

You're correct that when you adjust status (via the K1) that his lack of funds will be a problem, unless he can get a joint sponsor.

As for the VWP and AoS, you're correct this is a very bad idea.

One thing to note - when you say he dosent want to stay and do DCF, I dont believe he actually has to, I'm sure one of my fellow posters will confirm this or not, but I was under the impression that after the petition is fied the USC can return to the US, and indeed this would satisfy the 'Intent to Domicile' question.

dakotas-journey

Thank you for the response.

Noorah101

He's going to stay in the UK until September anyway, right? So marry now and file the I-130 to London while he's still in the UK. He can still return to the USA in September (although you can't yet move with him, until you receive your immigrant visa...but you can visit on the VWP while waiting). This is by far the easiest and fastest option available to you.

You are correct. Don't do this option.

It's true that this is another option. He doesn't have to be in the USA to file the I-129F, though, he can file it today if he wants, while still in the UK. But it's really just a longer process to the same result. In my opinion, an Immigrant Visa via DCF is much better.

This will be a difficulty no matter which route you take. There is an affidavit of support associated with every path. He can either use assets, US income, or a joint sponsor.

If doing an Immigrant Visa, keep in mind he will have to file an I-130 for both you AND the baby, separately, since you are both immigrating.

Rene

ian-mstm

He only needs to stay long enough to file... after which he can leave the UK and not return.


Not a good idea! It's illegal to enter the US as a tourist with the intent to stay to adjust status.


He will need to demonstrate income/assets regardless of the method you choose.


You will need written permission from the child's father to remove the child from UK jurisdiction - or a court order to that effect.

Ian

dakotas-journey

Thanks again I've shown him this post and we will be filing in the UK. In relation to assets we are both property owners will my property count.

civilservant

No, since your assets are not relevant. Is his property in the US, and is it where you intend to live? If so it may not be suitable to use as an asset, since it is unlikely to be able to be liquidated within a year without harm.

Michael

If they are married, then her assets can be considered but if it is property, it may possibly not be considered at the appraised value.

civilservant

True - but at present they aren't married, I should have been clearer though.

Noorah101

After you are married, your assets will be considered "joint", and both can be used. Keep in mind that as an asset, cash in the bank works best. If you are selling a house in the UK, and it's not sold by the time the I-864 affidavit of support is due, it might be considered as an asset, if the value of it is 3x what is lacking in income. It's up to the ConOff whether to consider property a good asset or not...sometimes it is, sometimes it isn't.

If his property is a home in the USA, and it's the one you're going to live in, it's not a good asset. An asset must be able to be liquidated within 1 year, at the same value shown on the I-864, with no hardship to the USC.

Rene

dakotas-journey

Thanks again for help - USC's property is in the uk also he has stocks and shares I will also put his name on my property once we are married

Noorah101

Make sure the stocks and shares can be liquidated easily, at the same value. Make sure you can prove such.

You don't have to put his name on your property for immigration purposes. Only do that if you want to for personal reasons.

Rene