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Married to USC, I130, Income from UK

Married to USC, I130, Income from UK

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Old Jan 1st 2013, 6:53 pm
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Default Married to USC, I130, Income from UK

Hi all

Long time lurker but about time I joined in!

I'm married to a USC and we live in the UK. We will shortly be putting in our I130 and going through the motions as we plan to move back to Florida.

Im pretty comfortable with the process, I just have one question...

I have an Internet Business here in the UK. I will be keeping it as my main source of income and will be working from the US on my laptop pretty much anywhere I can get Wifi, i'll probably fly back to the UK every now and then to check in and say hello to everyone.

I also intend to set up a US company at some point doing exactly the same thing.

Is this likely to cause me any problems from an immigration stand point that I have this business in the UK and will be effectively working for it thoughout the process and indeed as soon as I arrive in the US? i can't see why it would but just wanted to see if anyone had an opinion on it or if it was likely to encourage any additional consideration?

When we arrive we'll be living with the inlaws for a while before buying their house after a period of time (we intend to take it easy for a while and maybe travel about before we settle down again.)

Cheers all!
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Old Jan 1st 2013, 7:23 pm
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Default Re: Married to USC, I130, Income from UK

Originally Posted by bdjam
Is this likely to cause me any problems from an immigration stand point that I have this business in the UK and will be effectively working for it thoughout the process and indeed as soon as I arrive in the US?
It should not be a problem at all, because as soon as you enter the USA using your Immigrant Visa, you become a US PR and have the right to work from Day 1.

Are you planning to use that income to qualify financially on the I-864 affidavit of support?

Rene
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Old Jan 1st 2013, 7:40 pm
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Default Re: Married to USC, I130, Income from UK

Hi, Thanks for your fast reply!

We are currently considering our options ref the affidavit of support, im not sure really. We'll have in the region of $30K in savings and then my income (i only take the minimum out of the business unless i need more)...i want to take the path of least resistance so if using my inlaws as a co-sponsor is the way to go that might be an option, but ill probably need to get some advice on that - i want to make it as easy as possible)

My US Inlaws have assets / income etc so that's an option.

My understanding is that we have to have assets / income at least 100% the federal poverty level, we are a family of 3 and according to this site it appears that we're fine on that as we are?
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Old Jan 1st 2013, 8:52 pm
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Default Re: Married to USC, I130, Income from UK

Originally Posted by bdjam
Is this likely to cause me any problems from an immigration stand point...
No, it's a non-issue.

Ian
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Old Jan 1st 2013, 11:03 pm
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Default Re: Married to USC, I130, Income from UK

Originally Posted by bdjam
My understanding is that we have to have assets / income at least 100% the federal poverty level...
Not quite. When using income, you need to meet 125% of the poverty level for your family size. When using assets, the asset value needs to be 3x that amount.

, we are a family of 3 and according to this site it appears that we're fine on that as we are?
Go to the USCIS direct source: www.uscis.gov, forms, I-864P.

Rene

Last edited by Noorah101; Jan 1st 2013 at 11:05 pm.
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Old Jan 2nd 2013, 9:45 am
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Default Re: Married to USC, I130, Income from UK

I recommend taking along recent bank statements as proof when you have your interview.
Worked for me.
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Old Jan 2nd 2013, 11:58 am
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Default Re: Married to USC, I130, Income from UK

Originally Posted by martincr
I recommend taking along recent bank statements as proof when you have your interview.
Worked for me.
Bank statements are only required if you are using assets to qualify.

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Old Jan 2nd 2013, 12:12 pm
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Default Re: Married to USC, I130, Income from UK

Comfortable, and yet it appears that you haven't read the instructions for the I-864 Affidavit of Support and are taking your immigration information from a healthcare web site?

I recommend instead www.USCIS.gov and travel.state.gov

Regards, JEff


Originally Posted by bdjam
Im pretty comfortable with the process, ...
Originally Posted by bdjam
My understanding is that we have to have assets / income at least 100% the federal poverty level, we are a family of 3 and according to this site it appears that we're fine on that as we are?
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Old Jan 3rd 2013, 9:02 am
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Default Re: Married to USC, I130, Income from UK

Originally Posted by jeffreyhy
Comfortable, and yet it appears that you haven't read the instructions for the I-864 Affidavit of Support and are taking your immigration information from a healthcare web site?

I recommend instead www.USCIS.gov and travel.state.gov

Regards, JEff
I also said "We are currently considering our options ref the affidavit of support". I am comfortable with the process, its the above i'm currently looking into in more details hence my post.

Thanks all for the posts, appreciate you taking the time to answer my questions, Happy New Year all!
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Old Jan 3rd 2013, 10:35 am
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Default Re: Married to USC, I130, Income from UK

OK, I see sooo...To meet the requirement in my case, I guess there are 3 factors...

Will income that I have coming over from the UK count?

Will Our Savings Count (Im sure thats a yes!)

Then get my wifes grandmother to co-sponsor as she as sufficient assets.

Then, we are a family of 3 but count 4 because of our co sponsor (lives alone) so its 3 x the 125% Column for 4 people right?

Alternatively,

My inlaws have a house hold of 5 (Income from my father in law and sister in law), that equals well over the requirement for household income over 8 persons (which includes us)..So could we use this? and if so, could my income from the UK count towards it if needed?

Sorry for loads of questions, appreciate all your help!
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Old Jan 3rd 2013, 12:43 pm
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Default Re: Married to USC, I130, Income from UK

Originally Posted by bdjam
Will income that I have coming over from the UK count?
If your income continues from the same source, yes.


Will Our Savings Count (Im sure thats a yes!)
Yes, but savings only count for 1/3 the amount that would be needed for income.


Then get my wifes grandmother to co-sponsor as she as sufficient assets.
There is no such thing as a "co-sponsor", so please do not use the term. There is only a "sponsor" and a "joint sponsor". There can be only one sponsor or joint sponsor. You can't use some of your income/assets and then use a joint sponsor to make up the difference. Either you have all of the required amount by yourself (= you and your wife), or the joint sponsor has all of the required amount. You can't mix the two together.


Then, we are a family of 3 but count 4 because of our co sponsor (lives alone) so its 3 x the 125% Column for 4 people right?
If you're using your own income/assets, you must have the amount for 3 people at 125% as listed on the I-864P. If you're using a joint sponsor, the joint sponsor lists 2 people (herself + you (on the assumption that the child is already a USC and doesn't need sponsoring)).

Four people don't enter into the equation because you can't combine your incomes/assets.

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Old Jan 3rd 2013, 2:08 pm
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Default Re: Married to USC, I130, Income from UK

Does she? What is the nature of her assets?
Originally Posted by bdjam
Then get my wifes grandmother to co-sponsor as she as sufficient assets.
Wrong. A joint sponsor who lives alone has a family size of themself plus the sponsored immigrant(s). Have you read through the I-864 and its instructions yet, and filled in your information to see how it works out?
Originally Posted by bdjam
Then, we are a family of 3 but count 4 because of our co sponsor (lives alone) so its 3 x the 125% Column for 4 people right?
Will you and your family be living with your in-laws? It make a difference.
Originally Posted by bdjam
Alternatively,

My inlaws have a house hold of 5 (Income from my father in law and sister in law), that equals well over the requirement for household income over 8 persons (which includes us)..So could we use this? and if so, could my income from the UK count towards it if needed?
Regards, JEff
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Old Jan 3rd 2013, 2:11 pm
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Default Re: Married to USC, I130, Income from UK

Originally Posted by bdjam
Will income that I have coming over from the UK count?
If it continues from the same source, yes.

Will Our Savings Count (Im sure thats a yes!)
Yes. Remember that assets need to be 3x what is lacking in income.

Then get my wifes grandmother to co-sponsor as she as sufficient assets.
Be careful when using assets. Cash in the bank works best. Assets can also be property, but some are more acceptable than others. Assets must be able to be liquified into cash within 12 months if necessary, and must not pose a hardship to the sponsor/joint sponsor.

Then, we are a family of 3 but count 4 because of our co sponsor (lives alone) so its 3 x the 125% Column for 4 people right?
No. A USC does not need sponsorship. If your spouse and child are USCs, they don't count in the household size. It would be the size of the joint sponsor's household size plus the immigrant(s).

My inlaws have a house hold of 5 (Income from my father in law and sister in law), that equals well over the requirement for household income over 8 persons (which includes us)..So could we use this?
Yes, your father in law can be a joint sponsor, and can use the sister in law's income (by doing an I-864A) if necessary, if she lives in the household. Recount the household size again, since now you know the USCs who are coming from the UK don't count.

and if so, could my income from the UK count towards it if needed?
No. If you are using a Joint Sponsor, then your own income and assets no longer matter.

You say you're comfortable with the affidavit of support process, but from your questions it actually sounds like you are not? Have you read the I-864 form and instructions yet?

Rene
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