Pat28

Hi all. I just heard something that really disturbed me and so I joined this forum to find some support/advice hopefully.

Just last week after many years of "not a good idea" thing, we decided to get married. We informed close friends and family and a friend who is from the UK told me I may have a problem since my boyfriend is on disability and there is no way I will get a visa since he can not prove he can support me.

He is an intelligent educated person who has some unexpected seisures and so can not work, but otherwise nothing else wrong with him. Yes he is on meds but again, I don't understand. If I work, I am a professor, he has his own house, no mortgage, how can they refuse us? This would be a big discrimination, don't you think?

Please any input at all. I didn't tell him this yet as this would upset him greatly, but I can't believe that they could refuse us if we can prove that we can live quite fine. If he wored and had to pay mortgage, he would have less equity left anyhow.

Please help.
Thanks.

ian-mstm

Your "friend" only told you half of what you need to know. Are you married now, or have you only just decided to get married? Which one of you is the US citizen?


They can and do deny visas for all sorts of reasons. It's their sandbox, so they get to make the rules.


No. There is no Constitutional right to live with an alien spouse *in* the US.


If your fiance/spouse is the US citizen and cannot demonstrate the ability to support you financially (see form I-864 @ www.uscis.gov) then you can get a joint sponsor - any US citizen or permanent resident, over age 18, and living in the US. It can be anyone at all.

Ian

meauxna

Who is the US citizen and where is (whomever) trying to migrate to?
If the US citizen is disabled, what funds are they receiving (from what agency/type)? 'disabilty allowance' is a UK term.

Pat28

Thanks for your replies. I a somewhat puzzled with (what seems to be) hostile answer. I don't care where we live, but he can not move to the UK so I have to go to the US. I find it really strange that it is assumed a privilege to live in the USA? Why? I have a great job and a great life in the UK, I just want to be with my future husband. Not everyone goes to USA for economic reasons. Very odd.

I was just saying that it would be discrimination to deny for the reason of disability. And why does a man have to demonstrate to be able to support a women if I can demonstrate that I can support both? Which age do we live in? Sorry, I expected some constructive advice, but got very strange replies.

Jaxbar

If you stick around here long enough you will see that that is just the way it is and we who have been through the process have learned to live with it.

I think people here have been very helpful but have not sugar coated it. People are giving free advice that could save you a lot of money and heartache later.

You made a choice to marry someone from a different country your instinct told you it was not a good idea and now you have to deal with the reality.

Out of curosity, why can he not live in the UK?

I gave up a job and other things I loved to come here but it was my choice.

I hope you find a happy resolution but you are at the beginning of a journey and a positive attitude will help you a lot.

meauxna

I'm sorry, it's hard to figure out your question or if you are just commenting.

Any US citizen who sponsors (petitions) an alien (non-US) relative to immigrate to the US needs to show the US gov't that the alien will not become a "Public Charge". This is done by showing a minimum level of income or assets. The same applies in the UK, and most other countries.

The law is gender-neutral; I sponsored my husband to come to the US.

I tried to explain how your post is confusing. I dont' think the answers are hostile; maybe you could reframe your question(s)?

Pat28

My question was simply if that was true, that they can refuse people to be together in the USA for the simple reason that the US citizen doesn't have enough money? Sorry but I don't know much about all this as I was never interested to go and live in the USA, however it is not possible for him to come to UK as he can not fly for one, secondly, he fears he will lose his support (medical support) he has had for years. Change is something that would cause him trauma and he can not travel. I don't really know about immigration etc.

I am am educated person who would contribute to US society as I also do a lot of voluntary work in mental health area in addition to teaching at the University, so the fact that I wish to be with someone I knew before he was disable should not be a punishment. It is (would be) a punishment for him and people like him and would just say "If you are disable, have no money you have no right to marry whoever you want".

I am sorry I just wanted to confirm that this may be the case and now reading this forum I find I am getting disappointed with US "democracy". I really find it offensive if that is the case.

Anyhow, this is my fault I never thought about immigration issues as the thought of getting married only came up last week and since we are both in our 40s we didn't want to wait for too long.

Thanks all.

meauxna

At the most basic level, yes, immigration can be denied to an individual whose USC sponsor does not have sufficient income or assets.

However, that's not the end of the discussion.
First of all you must determine what type of benefits he is receiving. Some may be used in support of an immigrant, others may not be.

Next, you need to determine what the level of this required income is. You can find that out by looking up form I-864P. Very generally, annual income of $18000 is enough for 2 people.

Finally, if all of the above doesn't add up, a "Joint Sponsor" can be used. This is a person who agrees to sign the support document as a back up. This can be any US citizen or PR living in the US with the appropriate income.

OK, you were doing great there, but hold on... This is not about impinging on anyone's rights. There is NO statement anywhere except from you that his disability is a bar to your immigration (since you never answered my questions, I'll go on my assumptions). No one has spoken about anyone's right to get married.. we all have the right to marry whom we please. (barring a few exceptions we won't go into for this conversation)

I think there are still some misunderstandings influencing your thoughts. The above is not the case, so I hope you'll reconsider US democracy.

Lots of us here married at an older age and we hadn't thought about immigration either. It just takes a little getting used to.

Pat28

Thank you for that.
I just wondered, why can't I support him. If I can prove that I have enough money to support both and he has his allowance (I really don't know what and how much) we have no mortgage as he owes a house outright, why can't this be done.
But ok, after reading this forum a bit more I understand more. I just find that "human rights" have a long way to go.
I think with the health insurance situation that I know about already and a lot of other things, like my friend told me a "man" is still expected to "provide" etc etc...I feel now I might have problems expressing my views there.
Sorry I don't know which question I didn't answer? Please ask me again. Thanks.

Jaxbar

It is not a MAN that has to provide it is the US citizen, he will be your sponsor, if you were the USC YOU would be the sponsor

If his disability is seizures he possibly could still work and keep his benefits, I have worked with people with disabilities for nearly 4 years. One of the things the US does have right is allowing people to work a certain number of hours and still claim benefits certainly here in Florida, not sure where you are?

Pat28

I am live in UK still. But no he can not work, it is more complicated than that. He has mental disorder that puts him in seisure state and panic and OCD so neds to take a lot of meds. He used to be a professor also, but he couldn't even work online part time as he is not reliable due to his condition. I have no idea what is possible, but he gets looked at every year I think and has cat-scans etc. And every time his disability is renewed. It is complicated with mental health. I know in the UK some people have generations not working due to conditions that can be reliably reated with meds, so UK is easier for disability. As I understand it is not so easy in te US.

He is in NYC.

meauxna

You can not support him today because you are not working in the US 'today'. If you have an income that will continue after you immigrate, you can use that.. you are misunderstanding something because you are hung up on a preconceived idea. My UK citizen spouse contributed to his own support document because he HIS income continued to pay him once he immigrated.
HIM. I'm female. This is not some 'man take care of woman' situation; I am the financial support for our family; he is retired.
More clear now? I think your friends have mixed you up.

If YOU have the money (assets aka CASH) to meet the financial requirements, and you are married, what's yours is his for the immigration financial statement. You really should download and read your own copy of form I-864 which explains the financial requirements.


This has nothing to do with human rights, but if you would prefer to fail, keep looking for red herring arguments. Immigration is set up to meet the lowest common denominator. It's not for rich people only, and disabled people aren't prohibited from participating. You are making a lot of inflammatory conclusions when you don't yet have the information.

Pat28

Ok, thanks. It was all helpful anyhow.
Pat

Rete

Pat

Welcome to BE and to the wacky world of immigration. I'm only familiar with the immigration policies of three countries, the US, the UK and Canada. Each of these countries have the same requirement that its citizen must submit a valid affidavit of support for the foreign fiancee/spouse. Yes, it might appear to be antiquated but in reality it is a legitimate concern and one all three governments take very seriously. Seriously enough to deny an immigration visa if the affidavit accepted.

The reason for the affidavit is this, at least for the US.

The affidavit of support is used by the US Government to obtain the reimbursement of means tested benefits that it lays out for the foreign spouse while the affidavit is in effect. The website www.uscis.gov will tell you what they are.

For example, you will be marrying a man who does not have a job. As such he most likely does not have private medical insurance that will allow him to add a spouse/you to the policy. Until you purchase your own healthcare policy or find employment where a healthcare policy is part of the package, you will not have coverage for any healthcare.

Let's write a little story about you and some means tested benefits. One day you wake up with a fever. As the day progresses, you start to vomit, get a headache, the fever spikes to 102 degrees. You go to the emergency room and it is diagnosed that you have gallstones and need emergency surgery. You don't have any healthcare coverage.

You can't be denied medical treatment so you are rushed to surgery and are made well again. After 3 days you are released and return home to your life and your husband. Who is going to pay your hospital, doctor, and drug bills? Why the government, of course.

The government will look at their balance sheet at the end of the day and say, "Hey look at this. Mrs. Smith incurred a medical bill of $57,987.85 last month and we paid for it. Our records show she is a legal alien whose husband has signed an I-864 affidavit of support for her. Take this information to the accounts payable department and have them bill Mr. Smith for reimbursement." Now if Mr. Smith doesn't reimburse the government, the government now has the legal recourse of suing Mr. Smith for the money.

You two are not married at the moment. The easiest thing for you is to go the route of the Fiancee Visa. The USC files the I-129F for the start of the process. Once that is approved it is forwarded to the US Consulate in London where you will persue the K-1. For the K-1 you will only need the I-134 Affidavit of Support. At this writing the US Consulate allows UK Citizens to financially sponsor themselves for the K-1 if they have enough assets to do so. This can change at any time. BTW to complicate things, the I-134 is not enforceable. (This is all moot if you have not physically met in person at least once during the last two years)

Once you are here on a K-1, you marry and you will apply for your adjustment of status to permanent resident. This entails him completing an enforceable affidavit of support for you, the I-864. If he cannot do it, then you will require a co-sponsor. He needs to complete one regardless of his ability to fulfill the requirements. This is because the government will come after him first and your co-sponsor second.

When you file for adjustment you will also file for the right to work. Once you have that document "EAD"/employment authorization document, you can legally work and obtain your own healthcare insurance.

NOTE: If you have not adjusted status by the time you are working and you are working on the day of the interview for adjustment, you can do a new I-864 with your husband and your income will be added to the household funds, thus you can say you are your own financial sponsor.

So the person who put the bee in your bonnet was not quite full of the brown stuff but nearly so.

tamms_1965

What she said. I'm the USC and female. I am not rich but sponsored my husband and supported us both for 5 months until he found work (he was very lucky in that it only took that long to find a decent job). When his finances were sorted and UK home/car sold he had his money transferred here. He was on my medical insurance from the day we married. If I had gone to the UK, he would have been my sponsor and everything would have happened basically the same way over there.

If he was a professor and is receiving disablity through his employer, I am sure it is more than the $18,000 requirement. This equates to about $9 an hour which is not much above minimum wage.