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Married to US citizen moving from UK

Married to US citizen moving from UK

Old Feb 21st 2012, 1:55 pm
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Default Married to US citizen moving from UK

Hi Guys,

Hopefully this is the right place to pose this question.

Myself and my wife (US Citizen) are a bit puzzled about our situation and moving back to the USA.

We've been married for 10 years and have a Son who has US and UK passports. We've always lived and worked in the UK since marriage (she has all the relevant UK visas, etc.).

Since we are outside the US and have worked, etc over here for so long the visa "system" doesn't seemed geared to cope with our situation.

We've assumed using the I-130/I-864 forms (My wife as my sponsor) would be the only route available to us but it seems to not fit "very well".

Obviously she doesn't currently work in the US to meet the normal criteria for sponsoring me and my employer is UK based so I can't job transfer.
In essence we'd both be starting fresh.

We have funds to finance the move, buy a house, etc. but I-864 is very vague about how much "funds" would be enough.

Having dealt with the UKBA in this direction we'd like to get this right first time around (as no doubt it'll take a while anyway).

Is I-130 the right way to proceed with this and then explain all the circumstances at the interview stage?

If i need to supply any more details to get an accurate answer please let me know.

thanks,
-
Richard
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Old Feb 21st 2012, 2:06 pm
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Default Re: Married to US citizen moving from UK

Originally Posted by AlleyCat. View Post
Hi Guys,

Hopefully this is the right place to pose this question.

Myself and my wife (US Citizen) are a bit puzzled about our situation and moving back to the USA.

We've been married for 10 years and have a Son who has US and UK passports. We've always lived and worked in the UK since marriage (she has all the relevant UK visas, etc.).

Since we are outside the US and have worked, etc over here for so long the visa "system" doesn't seemed geared to cope with our situation.

We've assumed using the I-130/I-864 forms (My wife as my sponsor) would be the only route available to us but it seems to not fit "very well".

Obviously she doesn't currently work in the US to meet the normal criteria for sponsoring me and my employer is UK based so I can't job transfer.
In essence we'd both be starting fresh.

We have funds to finance the move, buy a house, etc. but I-864 is very vague about how much "funds" would be enough.

Having dealt with the UKBA in this direction we'd like to get this right first time around (as no doubt it'll take a while anyway).

Is I-130 the right way to proceed with this and then explain all the circumstances at the interview stage?

If i need to supply any more details to get an accurate answer please let me know.

thanks,
-
Richard
The documents you mentioned are very specific, so a re read may be in order.

They are not designed to fit your circumstances.

Does your wife have a US Domicile?
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Old Feb 21st 2012, 2:22 pm
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Default Re: Married to US citizen moving from UK

to answer your questions...yes, the I-130 is the correct form, your wife would file it with the US Embassy in London.
Although you would be starting fresh , the I-864 is the correct financial support form, the amounts required are in the instructions i believe , if your wife does not meet the required sponsorship amounts then a joint sponsor can be used , just has to be a USC or LPR who meets the requirements
your wife will also have to show intent to domicile within the US if she does not have a residence in the US , this can be stuff like showing her severing her lease and employment in the UK, enquiring about houses/apts in the US, looking at schools in the US, job enquiries in the US etc
she will also need to make sure her US tax returns are upto date with at least the last 3 years having been filed, if she hasnt kept up with these she can go ahead and file them or if she has any queries then the IRS section at the London Embassy are very helpful i believe

just as an aside from that situation, id suggest that your wife gets UK citizenship if she is eligible(which it does sound like she is) , that way she can come and go from the UK and Europe whenever she wants and would make things easier if you guys decided that the US wasnt what you wanted
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Old Feb 21st 2012, 2:28 pm
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Default Re: Married to US citizen moving from UK

Originally Posted by paulpur View Post
to answer your questions...yes, the I-130 is the correct form, your wife would file it with the US Embassy in London.
Although you would be starting fresh , the I-864 is the correct financial support form, the amounts required are in the instructions i believe , if your wife does not meet the required sponsorship amounts then a joint sponsor can be used , just has to be a USC or LPR who meets the requirements
your wife will also have to show intent to domicile within the US if she does not have a residence in the US , this can be stuff like showing her severing her lease and employment in the UK, enquiring about houses/apts in the US, looking at schools in the US, job enquiries in the US etc
she will also need to make sure her US tax returns are upto date with at least the last 3 years having been filed, if she hasnt kept up with these she can go ahead and file them or if she has any queries then the IRS section at the London Embassy are very helpful i believe

just as an aside from that situation, id suggest that your wife gets UK citizenship if she is eligible(which it does sound like she is) , that way she can come and go from the UK and Europe whenever she wants and would make things easier if you guys decided that the US wasnt what you wanted
We are considering the last point but didn't want to give the impression that she had given up domicile by doing so.

She has maintained tax records, a Bank Account and various other bits in the USA to keep up with "showing" she would return but we no longer have a house there.
We do have a postal address, etc.
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Old Feb 21st 2012, 2:31 pm
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Default Re: Married to US citizen moving from UK

Originally Posted by AlleyCat. View Post
Since we are outside the US and have worked, etc over here for so long the visa "system" doesn't seemed geared to cope with our situation.
Sure it is... your USC wife should start the process by filing the I-130 to the US Consulate in London. You'll bring the I-864 to your interview a few months down the road.


We have funds to finance the move, buy a house, etc. but I-864 is very vague about how much "funds" would be enough.
Ah... that's because the I-864 isn't the form that gives that information. Check out form I-864P... the 125% column.


Is I-130 the right way to proceed with this and then explain all the circumstances at the interview stage?
Yes, but you won't need to explain anything at the interview. This is a very common situation.

As the USC spouse, your wife must be your sponsor. She must complete an I-864 even if she doesn't qualify financially. If that's the case, you can demonstrate that you have 3x the amount listed in the 125% column on the I-864P in liquid savings. If you can't, then you'll need a joint sponsor - any USC or PR, over age 18, living in the US... anyone at all.

Ian
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Old Feb 21st 2012, 2:32 pm
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Default Re: Married to US citizen moving from UK

her taking UK citizenship wont affect her US citizenship nor the visa application in any way....it just makes life alot easier and cheaper later on if you ever want to or need to come back
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Old Feb 21st 2012, 2:52 pm
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Default Re: Married to US citizen moving from UK

Thanks all for the help.
At least we know we are paddling in the right direction.
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Old Feb 21st 2012, 5:01 pm
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Default Re: Married to US citizen moving from UK

As Ian said, you'll find the process much easier if you file through the consulate in London. I assume you've found it by now but, just in case, the appropriate starting point is here:

http://london.usembassy.gov/dhs/uscis/i130filing.html

Take some time to read through the instructions and all the links on that page. You'll find the instructions there "fit" your situation much better than the instructions on the USCIS website.

Regards,
James
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Old Feb 21st 2012, 7:52 pm
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Default Re: Married to US citizen moving from UK

Hi Richard,
Our situation is very similar to yours (my OH is the USC, we've been married 13 years, have 3 USC/UK children and have lived in the UK for the last 10 years).
We initially were going to use my mother in law as a joint sponsor as hubby didn't have an income that would continue in the US once we moved. In the end hubby was offered a job in the US and we decided it was best for us for him to move first and set up home. This wasn't to do with being able to sponsor me (as the joint sponsor would have fulfilled the financial obligations) or to make it easier to establish domicile (as we had already taken credible steps to show OH intended to return to live permanently in the US -house up for sale, enquiries with schools/estate agents) but it did make sense for our family. Not suggesting this is something you would need to do!
Take your time to read the instructions on the forms and ask questions of the good folk on here. It does seem quite daunting when you start but eventually it starts to make sense.
All the best
Colette
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Old Feb 21st 2012, 9:31 pm
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Default Re: Married to US citizen moving from UK

For the avoidance of misunderstanding, to the USCIS Field Office in London. The consular section of the embassy cannot accept an I-130 petition filing, all I-130s must be filed with USCIS.

Regards, JEff


Originally Posted by ian-mstm View Post
Sure it is... your USC wife should start the process by filing the I-130 to the US Consulate in London.
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