KelliePayne

Hello,

I was wondering if someone could help me make sense of what I need to do.

I am British and I have an 8 year old daughter who has special needs and her biological father is not on her birth certificate.

My husband is from Tennessee. We married 12th Jan 2010 in Georgia.

Husband moved to UK on a Spouse Visa July 2010 and is due to apply for is ILR next year.

I have an IVA, I am in my second year of paying it off and by the time we plan to move I would have had it 3 years. It expires in 5 years.

We plan to move to Tennessee once I finish my degree in the summer of 2013, and I don't know where to begin looking and what we are required to do.

Will my IVA be an problem? Can I continue to pay it in the US?

Do I still need permission from my daughter's dad even though he is not on her birth certificate and seldon pays child support?

My husband currently works for John Lewis. We don't have much in the way of savings right now, but in this climate, who does?? He wants to train as an electrician but we're not sure if he should start training here as not sure how that would transfer in the States.

Can we start the ball rolling now or begin to do things so that we're ready to go by the summer of 2013? I want my daughter to start school in the new term of that year with everyone else.

Any help would be MUCH MUCH appreciated x

materialcontroller

Regarding the IVA, unless you have assets to safeguard, don't you think it would be counter productive to continue paying it once you leave the UK? If you're planning on staying in the USA for any appreciable length of time, paying off the UK debt won't confer any real benefit on you and will in fact be a potential liability at a time of great upheaval when you probably need all the cash you can spare. Why lumber yourself with an extra monthly outgoing? Would it not be cheaper to declare yourself bankrupt and then move to the USA with a totally clean slate?

KelliePayne

I suppose. I hadn't really thought of that. I wasn't even sure if I could go to the US with one.

materialcontroller

Nothing to stop you going abroad with either an IVA or Bankruptcy as far as I know.

Moxie

Because your husband is a UK resident, you are eligible for Direct Consular Filing (DCF). Here's the instructions to help you learn the process:
http://london.usembassy.gov/dhs/uscis/i130filing.html

It's a little too early to apply for a 2013 move because the IR1 or CR1 visa you receive is only good for 6 months after issue.
IR1 is for people married 2+ yrs>get a 10 yr greencard
CR1 visa if married less than 2 yrs> 2 yr conditional greencard issued

Looks like you'll likely get the IR1 visa. The process is the same for both. You won't have to remove conditions after 2 years, which saves money and more filing of paperwork.

What is IVA?

materialcontroller

Individual Voluntary Arrangement. It's a form of insolvency practice.

KelliePayne

Thank-you so so SOOOOO much for all this information!! It's so incredibly useful and I'm very grateful x

Noorah101

Not sure what that is, even after someone here described it...LOL But in general, your personal financial issues are not a concern regarding your Immigrant Visa. It's your USC husband that will need to sponsor you and show he has either income that will continue in the USA, or enough in assets (savings works best) to sponsor you.

Yes, either permission from him, or a court document stating such.

I don't know who John Lewis is, but he should do what it takes to become employable in the USA. Also, if his current income will not continue from the same source (read same employer) in the USA, he WILL need significant savings in order to sponsor you. Either that, or he will need a Joint Sponsor. Take a look at form I-864 and I-864P for details on that.

No, it's too soon to start now. You should start with filing the I-130 to London, about a year before you are ready to immigrate.

Another thing to think about...with a special needs child, you will need good US family health insurance, which can be expensive.

Rene

Noorah101

Kellie,

I also fixed your thread title to be more descriptive of your questions, so you'll get a better response. Your initial title was pretty vague.

Rene
Moderator

Moxie

Special needs can also refer to learning disabilities or special educational considerations. Public Law 92-142 grants free public education to handicapped children no matter how severe. If a school district can't provide, they have to pay to educate that child in the least restrictive environment. It's a federal law. So that's good news to Kellie if the needs are educational.

avanutria

[QUOTE=Noorah101;9754385I don't know who John Lewis is,[/QUOTE]

It's a highish end department store.

CAProgrammer

John Lewis is an up market departmental store in the UK http://www.johnlewis.com

CAProgrammer

Your husband would need to have a high enough income in the USA to sponsor you and/or a decent amount of savings (the savings can be joint). Otherwise, you will need to find a joint sponsor.

Is your husband filing US tax returns from the UK? One of the requirements for him sponsoring you would be for your husband to show that he has filed US tax returns. If he hasn't been doing that it is better to keep on top of it now so he doesn't have to run around and try to file back-dated ones later on.

S Folinsky

The question about the father's consent is an FAQ as of late. This gets tied in with the international convention against child abduction -- to which both the US and UK are parties. You might be surprised that the consent is most often forthcoming than you might think.

As a thought, any chance of your husband adopting his step-daughter under British law?

The US government does not care about the IVA in the immigration process. Do note that it is possible for British creditors to seek the aid of US courts in enforcement of judgements and debts. Whether they will do so is another question.

Totally OT: "IVA" is the Spanish language acronym for the VAT.

KelliePayne

Thank-you again for all the help!!

We're looking into work in the US for my husband already, and I hope that once I finish my degree I'll be employable over there in the medical field. Would I be able to apply for work without the visa in place, or maybe talk to possible places of employment about the possibility of employment subject to a visa being approved? If my husband does get a job in the US is there a guide to how much he needs to earn in order to support my daughter and I? Either that or we need to start saving our asses off!!

Just to clarify, my daughter has learning difficulties and is in special education over here under a Statement Of Special Educational Needs. I'm hoping that somehow transfers well in the US. She does have some medical needs too like growth hormone injections and sleep medicine so we are aware that health insurance may be expensive for us.