Hairball

Hi, Folks

I have trawled up and down the forums and pieced together as much as I can about this process, but i wonder if anyone might help me fill in a few gaps?

My Fiancee has been living in the UK for 5 years and has indefinite leave to remain. She will be eligable to apply for residency October 2010 which she intends to do.

We are getting married in September 2010 and we would like to move to the USA at some point after that

From what I've read on here it seems the fastest way, and given that Steff lives in the UK, is to do an i130 application via the DCF route.

I think the process goes:

1 - She files i130 form at consulate in the UK to apply to sponsor me
2 - Consulate contacts me and instructs completion of DS230 part 1
3 - Gather information such as police certificates and i864 (proof of money form)
4 - attend interview and submit documents including DS 230 part 2 (unsigned), police certificates from places i've lived for more than 12 months, medical?, long-form birth certificate for me
5 - get visa?


Now, my question is mainly around the i864. From what I have read it seems that you have to have 125% of the US poverty line income, that's currently around $18k and show that steff is domicile, or at least has maintained links to the USA.

Our problems with the above:

- We don't have any money, really, but do have a house and a few savings (soon to be depleted by the aforementioned wedding)

- Steff has lived in the uk for a while so she has not exactly maintained ties. she still has family over there and probably a bank account, but she certainly has no house or job as both of those are in the UK now.

So, what is the best way to deal with the above. Do we have to show an income of $18k or do we have to have that sum in cash at the time of application?

What about the lack of job and concrete ties to the USA? She's a citizen afterall, but just hasn't lived there a while.

I hope that all makes sense.

Thanks in advance.

traceym

Hi,

If you search for a thread by ginblossom called nightmare in London there is a lot of info on domicile which may help with the kind of stuff that you need.

Tracey.

BritishGuy36

If he has ILR she's already a resident. Did you mean Citizenship?

The other stuff you talk about shows you have a reasonable grasp (or at least a good start) on the I-130/CR-1 process.

As for domicile, yes, see Ginblossom's thread.

If you don't have enough cash to satisfy the financial requirements of the I-864 then you'll need a joint-sponsor before a visa application will be successful. If you have enough house equity to cover the $55k(ish) then you can use that (although you may actually have to successfully sell the house(s) and have the cash in the bank, rather than just show the equity (due to the current market conditions)).

If her getting UK Citizenship is important to her then she should apply as soon as she is able to, and preferably before you file the I-130. One of the presumptions when applying for UK Citizenship is that you intend to make the UK your 'permanent home'. You can't truthfully say that's the case when you're petitioning the US government to allow your spouse to move to the US with you.

jeffreyhy

Hb,

See 9 FAM 40.41 Notes. N5 for the financial aspects and N6 for domicile.

Regards, JEff

Noorah101

You can use a joint sponsor. Any USC or US PR, living in the USA, who meets the income requirement for their household size plus the immigrant, can be a joint sponsor. It does not have to be a family member, and you do not have to live with the joint sponsor once you move to the USA.

It might help if you think of it this way...Steff needs to prove *intent* to domicile in the USA. Such things as house or apartment-hunting through a realtor, looking for day care or school for the kids (if there are any), job searching in the USA that can be tracked, offer letter of employment, proof that you are in the process of selling your UK home, letter showing date of resignation from her UK job...just to give you some ideas.

She can also make a trip back home before the interview to get more US based documentation...bank account showing recent activity, US drivers license or ID, voter registration, car purchase and registration with current insurance, establish a US address and bring proof that she receives mail at her US address, etc.

Worse comes to worse, Steff moves ahead of you to the USA, gets established, and then there is no question about her intent to domicile in the USA...she will already be there.

Don't forget she'll need to provide her most current 3 years of US tax returns. Hopefully she's been filing them. If not, she can contact the IRS Department at the US Embassy in London, they are very helpful. If she did not earn enough to warrant filing a tax return, she should provide a written explaination why not.

Rene

Hairball

Thanks, Folks

So... if steff's 'mom' was keen and sufficiently solvent then she could be a co-sponsor?

In terms of accomodation, our plan would be to stay with family until we'd got jobs and got settled. Is that an acceptable solution?

Also if I suddenly came into ownership of about 40k then I could use that as collateral for my visa? Not that it's likely to happen, but hypothetically speaking

Thanks again for your help. I am slowly starting to understand this complicated process.

Noorah101

The term is Joint Sponsor, and yes, she could.

Usually, yes. You might want to get a formal letter from the family stating that it's OK for you to live with them while you're getting settled.

Why only $40,000? You need 3x the amount you would have needed in income if you're going to use assets. $18,000 x 3 = $54,000. See the I-864P for the exact figures.

It would probably depend on how you came into that much cash all at once. You would probably have to prove that you won the lottery, got an inheritance, cashed in stocks, etc. You can't have $40,000 magically appear in your bank account without the ConOff asking questions about where it came from. Loans from family/friends are not reliable to show as assets.

Rene

meauxna

Steff may need to go to the US ahead of you.

I don't know why the wink and quoties around 'mom'... But any US citizen or PR over 18 who earns enough and is willing can be your joint sponsor.

Sudden ownership of assets may or may not work. If it's not your money, it wouldn't be good to represent it as such.

jeffreyhy

Hb,

Joint sponsor. Or, depending on living arrangements, household member.

Solvency is irrelevant. Take a look at the affidavit of support - it asks only about income and assets. She could be in debt up to her hairline and still qualify. But don't lose sight of the purpose of the affidavit of support - someone has to provide the money necessary to keep you alive, and it isn't going to be the US government.

And I agree with meauxna - suddenly coming into a large amount of cash just might raise a lot of questions that could be difficult to answer unless mom or dad can be documented to have just died for the 1st time.

Regards, JEff

Rete

Also note that all that you know at the present moment and have been told will probably change in the future. Cost of Living determines the amount needed for the affidavit of support. Consulates change the rules periodically about domicile proof. In some countries they have in the past withdraw the right to DCF altogether.

So if you and Steff are going to be staying in the UK for another year, two or five, then recheck everything before you go to file.

Hairball

Thanks again, everyone

Wink - good point. I was having a joke (probably best kept private) as the use of mom, instead of mum... I'll get me coat.

Anyway, the more I think about it the more clear the proces becomes. It's all logical, but very long winded and multi-faceted.

It occurs to me that it's going to be difficult to get this green card without sending steff over to the states first to get established. Other than selling the house which we'd rather not do since I doubt there's sufficient equity to get us over the margin in one go, and we'd rather keep it as an investment.

The 40k i referred to was a very quick mental calculation of the dollar amount in pounds that we'd need to show to the authorities.

I guess I'd better get promoted and earn the big bucks.... seems unlikely

cheers

BritishGuy36

Getting a letter from the outlaws with a signature and taking it to the interview (original, plus a photocopy) really does help with the domicile thing. It's what nailed it for my visa application.

It shows you've already established a place to live in the US.

meauxna

The 2 links in my signature are specifically for filing DCF (filing the I-130 locally in London in your case) and you do have a good grasp of the process. It's not really as long-winded as it seems at first.

Until 6 months ago, I would not have posted back that Steff might have to move over ahead of you. I didn't need to move back to the US ahead of my spouse, and I didn't have employment in the US (I did have a home though). Countless couples have made this move problem free in the years I've watched this group.
BUT, recently, there has been an uptick in the 'intent to domicile' requirement specifically from the London and Montreal Canada Consulates. No one knows specifically why, but we just want you to be aware that it's not the simple thing that it once was, and Steff has been gone from the US a significant amount of time.
I'm pretty certain the new stringency is due to the economy. Steff has to show that you will not become a 'public charge' by proving that she is financially able to keep you off welfare/benefits.

Your case isn't impossible, but you should be prepared that she might need to go ahead of you. I think you should keep your UK house if it's a good investment, and find a way to show the equity in it as an asset, and read up on the I-864.
Steff also has to show convincingly that she will be returning to the US, by showing strong ties in the US, and cutting ties in the UK. It's a bit of a dance.

Hairball

Thanks once again, you're all very helpful and so generous with your knowledge and time.

I think finding someone to offer and vouch for the provision of accomodation would be very easy, so it's useful to know that that can help.

It does sound like a dance, but it seems like the goal is to prove that you've got somewhere to stay, you plan to work and you have money to support yourself in the meantime. Makes sense, really. It's just a shame that in doing so it could potentially pull couples apart for a few months.

One thing about sponsors or joint-sponsors. Hypothetically, if a relative or PR friend was willing to be a sponsor then presumably they have to comply with the minimum income and residency requirements.

What I am wondering is: what would their liablity or potentialy liabilites as my sponsor be? Would they, for example, be liable for large medical bills should I be injured, uninsured and unable to pay?

I ask because should we find ourselves in the position of needing to ask someone to sponsor, I want to have a clear idea of what I could be letting them in for.



Cheers

ian-mstm

The joint sponsor is responsible to repay the government for any *means tested* benefit that you might receive that the government can't *first* get from the sponsor. Means tested includes: welfare, food stamps, etc. A joint sponsor is *not* responsible to pay your medical bills.

Ian