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-   -   Question about marrying a US citizen & income (https://britishexpats.com/forum/marriage-based-visas-35/question-about-marrying-us-citizen-income-903984/)

mattataka Sep 29th 2017 12:24 pm

Question about marrying a US citizen & income
 
I've been trying to find information on income requirements when marrying a US citizen. Does either person, have to earn a certain amount of money for the non-US citizen to obtain a green card through marriage? Are there any other requirements I should know about?

Any info you can give me on this would be of massive help, thank you!

Pulaski Sep 29th 2017 12:30 pm

Re: Question about marrying a US citizen & income
 
(i) You don't obtain a green card through marriage to a US citizen.

(ii) After getting married you apply for a CR-1 visa, which you need to be allowed to live in the US. There are income requirements - 125% of the federal poverty level, which means just over $20k at the moment, or three times that in potentially liquid assets (doesn't have to be cash). If your US spouse doesn't meet either then income or assets basis you can have a joint sponsor. This is commonly a family member, but does not have to be, so long as they are resident in the US, this can be any US citizen or permanent resident.

(iii) on entering the US using your CR-1 you will trigger the production of a green card.

mattataka Sep 29th 2017 12:36 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349767)
(i) You don't obtain a green card through marriage to a US citizen.

(ii) After getting married you apply for a CR-1 visa, which you need to be allowed to live in the US. There are income requirements - 125% of the federal poverty level, which means just over $20k at the moment, or three times that in potentially liquid assets (doesn't have to be cash). If your US spouse doesn't meet either then income or assets basis you can have a joint sponsor. This is commonly a family member, but does not have to be, so long as they are resident in the US, this can be any US citizen or permanent resident.

(iii) on entering the US using your CR-1 you will trigger the production of a green card.

Does the income requirement mean my current income in my home country (UK) or the income that I will be making once in the US?

Pulaski Sep 29th 2017 12:55 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349773)
Does the income requirement mean my current income in my home country (UK) or the income that I will be making once in the US?

Neither. It is the income of the US citizen, if they are living in the US, or their income that will continue in the US if they are currently living overseas.

What you (foreign spouse) will be making is not included - you would need actual pay vouchers, which you won't have until you have started work, which you cannot do until you have a visa.

The foreign spouse's income is irrelevant unless either he/she is already employed in the US, or the income will continue after he/she relocates to the US.

mattataka Sep 29th 2017 1:04 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349791)
Neither. It is the income of the US citizen, if they are living in the US, or their income that will continue in the US if they are currently living overseas.

What you (foreign spouse) will be making is not included - you would need actual pay vouchers, which you won't have until you have started work, which you cannot do until you have a visa.

The foreign spouse's income is irrelevant unless either he/she is already employed in the US, or the income will continue after he/she relocates to the US.

Gotcha. So just to make sure I understand 100%, my income as the non-US citizen would be irrelevant and not taken into account when moving to and living in the US after getting married? So i've no requirements to worry about on my end? And as long as the US citizens meets those requirements, I can live permanently in the US with a CR-1 visa whilst I await my green card?

Thanks for all your help by the way, just trying to wrap my head around things.

Pulaski Sep 29th 2017 1:19 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349800)
Gotcha. So just to make sure I understand 100%, my income as the non-US citizen would be irrelevant and not taken into account when moving to and living in the US after getting married? ....

Yes.

So i've no requirements to worry about on my end? .....
Correct, at least not in respect of a job and income.

If you need "assets" then after you get married all your assets are pooled. So for example if you are selling your home in the UK and your net equity will be £60,000 (after legal fees and selling expenses), then even if your spouse had neither income nor assets, you would qualify to get a CR-1 on the assets basis as you have easily more than the $61k-ish that you would need.

.... And as long as the US citizens meets those requirements, I can live permanently in the US with a CR-1 visa whilst I await my green card? ....
Yes, but remember the green card is only evidence of your status as a permanent resident, and you will actually be a permanent resident the moment you clear immigration, with the I-551 stamp in your passport as evidence, and legally able to work from that very moment - literally right their in the airport if you had a job to go to.

.... Thanks for all your help by the way, just trying to wrap my head around things.
You're welcome, .... and welcome to BE BTW. :)

mattataka Sep 29th 2017 1:38 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349808)
Correct, at least not in respect of a job and income.

Awesome. Are there any other requirements I should be aware of outside of job and income? I am a 22 year old UK citizen that works full-time. I don't have a degree and I've no criminal convictions or anything of that nature. Should everything be A-OK if the scenario we have discussed happens?



Originally Posted by Pulaski (Post 12349808)
You're welcome, .... and welcome to BE BTW. :)

Thank you :)

Pulaski Sep 29th 2017 1:43 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349819)
Awesome. Are there any other requirements I should be aware of? I am a 22 year old UK citizen that works full-time. I don't have a degree and I've no criminal convictions or anything of that nature. Should everything be A-OK if the scenario we have discussed happens? ....

There is no qualification requirement for a spouse visa*, so based on what you have posted, and subject to the income requirements for your spouse, or joint sponsor, that we have discussed above, your visa should be all-but a formality once you have completed the forms and attended the medical. :nod:

* The US is very degree-centric, so you should seriously consider restarting your academic career, probably through the local community college, where courses are very cheap, either with a view to eventually transferring to a "four year college" to get a bachelor degree, or towards getting a trade skill such as plumbing or electrician's license.

Twinkle0927 Sep 29th 2017 1:46 pm

Re: Question about marrying a US citizen & income
 
There is also a medical exam to get through. The following things can cause a problem:

- STDs
- TB
- mental health issues whereby you could be a danger to yourself or others
- previous history of or current substance abuse (including alcohol and marijuana - this often catches people out, especially those intending to move to WA, OR, CO or anywhere else where marijuana may be legal at a state level and they mistakenly believe that marijuana use won't be a problem. It is still illegal at a federal level and is a problem for immigrant visa applicants).

mattataka Sep 29th 2017 1:49 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349823)
* the US is very degree-centric, so you should seriously consider restarting your academic career, probably through the local community college, where courses are very cheap, either with a view to eventually transferring to a "four year college" to get a bachelor degree, or towards getting a trade skill such as plumbing or electrician's license.

I could go straight into a bachelor's degree course as I've already got my college done. Was thinking about a computer science degree if anywhere would accept me for that (my grade's aren't technically good enough but I'd be classed as a mature student so their might be an exception.)

It all seems so far away, I've wanted to live in the US my whole life but it looks like it will be a very long process unless I marry someone, which was why I was enquiring down that avenue.

mattataka Sep 29th 2017 1:49 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Twinkle0927 (Post 12349826)
There is also a medical exam to get through. The following things can cause a problem:

- STDs
- TB
- mental health issues whereby you could be a danger to yourself or others
- previous history of or current substance abuse (including alcohol and marijuana - this often catches people out, especially those intending to move to WA, OR, CO or anywhere else where marijuana may be legal at a state level and they mistakenly believe that marijuana use won't be a problem. It is still illegal at a federal level and is a problem for immigrant visa applicants).

Should be all clear on that end. Thanks

Pulaski Sep 29th 2017 2:02 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349830)
.... It all seems so far away, I've wanted to live in the US my whole life but it looks like it will be a very long process unless I marry someone, which was why I was enquiring down that avenue.

So this is just a speculative enquiry, and there isn't currently a prospective Mrs Mattataka in the picture? :unsure:

mattataka Sep 29th 2017 2:06 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349838)
So this is just a speculative enquiry, and there isn't currently a prospective Mrs Mattataka in the picture? :unsure:

Unfortunately not :( I'm planning to travel out there next year so fingers crossed lol :fingerscrossed:

Twinkle0927 Sep 29th 2017 2:09 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349830)

've wanted to live in the US my whole life but it looks like it will be a very long process unless I marry someone, which was why I was enquiring down that avenue.

So this is all just hypothetical? The rules and procedures may well change in the coming years so it may be best to wait until it's a certainty before gathering information.

And then you need to hope that if you do happen to find a US citizen that you love enough to want to marry that he/she doesn't say "I've always wanted to live in the UK!" That would throw your plans of the American dream into disarray!

mattataka Sep 29th 2017 2:15 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Twinkle0927 (Post 12349845)
So this is all just hypothetical? The rules and procedures may well change in the coming years so it may be best to wait until it's a certainty before gathering information.

Very true. It's just my personality, I have to know every little detail about a thing even if I'm forming a plan this early.. I am serious about it though.


Originally Posted by Twinkle0927 (Post 12349845)
And then you need to hope that if you do happen to find a US citizen that you love enough to want to marry that he/she doesn't say "I've always wanted to live in the UK!" That would throw your plans of the American dream into disarray!

Hah yeah that would be quite the spanner in the works, however I think we'd discuss long-term 'wants' early on :lol:


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