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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:

Rete Sep 29th 2017 2:21 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349800)
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.

Not really. Once you activate the CR-1 visa at the US Port of Entry, the visa is invalid and means nothing. Your passport will be stamped with an I-551 which is the paper version of the green card and will be valid for one year while you wait for the USCIS to mail the actual green card to you at your US address.

Also as you are married, your assets become the USC's assets as well and can be used to help them meet the financial obligation to fulfill the I-864 affidavit of support. Your employment is worthless in that regard but your assets can be helpful.

There is much to wrap you head around and you have only touched on one-quarter of it.

I'm asking this to be transferred to the proper immigration forum, which is the US marriage-based visa forum. You might like to read some of the posts there.

Twinkle0927 Sep 29th 2017 2:42 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349851)



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

Good. I'm sure that once he/she realizes it's the passport you're in love with, not the person, he/she can get out quickly before getting too involved. So it's definitely a good idea to make it clear very early on that a ticket to the USA is your priority. Good luck.

Pulaski Sep 29th 2017 3:07 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Twinkle0927 (Post 12349872)
Good. I'm sure that once he/she realizes it's the passport you're in love with, not the person, he/she can get out quickly before getting too involved. So it's definitely a good idea to make it clear very early on that a ticket to the USA is your priority. Good luck.

Yeah, "Hi, I'm Mattataka, and I would like to marry you so I can get a green card", is certain to get things off on the right note. :rolleyes:

Such topics are likely to come up in conversation fairly early, especially if guided by Mattataka, and therefore there is no need to be blunt. I don't believe it is normal to provide a list of "demands" on any first date, and visa/immigration is no different from politics, religion, or preference for family/children, etc. - all these things should come out naturally as a relationship develops.

mattataka Sep 29th 2017 3:13 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Twinkle0927 (Post 12349872)
Good. I'm sure that once he/she realizes it's the passport you're in love with, not the person, he/she can get out quickly before getting too involved. So it's definitely a good idea to make it clear very early on that a ticket to the USA is your priority. Good luck.

There's nothing wrong with looking for a partner that aligns with what you want too. I'm not going to enter into a relationship with someone that wants to live in France when I want to live in America, nor would I marry someone I wasn't in love with for entry to the US. It's called being realistic and therefore searching accordingly for someone that aligns with what you want.

mattataka Sep 29th 2017 3:17 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349884)
Yeah, "Hi, I'm Mattataka, and I would like to marry you so I can get a green card", is certain to get things off on the right note. :rolleyes:

Such topics are likely to come up in conversation fairly early, especially if guided by Mattataka, and therefore there is no need to be blunt. I don't believe it is normal to provide a list of "demands" on any first date, and visa/immigration is no different from politics, religion, or preference for family/children, etc. - all these things should come out naturally as a relationship develops.

Again, does it not make sense to want to meet an American woman if my goal is to live in America, rather than someone who doesn't want to live there? Don't see how that would be considered using a person, I'm just being realistic.

civilservant Sep 29th 2017 3:21 pm

Re: Question about marrying a US citizen & income
 
I would argue that it is probably a better idea to find another way, for example gaining a degree (if you do not already) and moving into a field that might get you transferred. While I don't believe it's a 'bad thing' to take the route you are suggesting, it might be a good idea to get that little chestnut out of the way early on.

Trust me, your prospective partner will have to put up with plenty 'mail order bride' gags. Especially if she ends up being from a more rural area of the 50.

mattataka Sep 29th 2017 3:23 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Rete (Post 12349857)
Not really. Once you activate the CR-1 visa at the US Port of Entry, the visa is invalid and means nothing. Your passport will be stamped with an I-551 which is the paper version of the green card and will be valid for one year while you wait for the USCIS to mail the actual green card to you at your US address.

Also as you are married, your assets become the USC's assets as well and can be used to help them meet the financial obligation to fulfill the I-864 affidavit of support. Your employment is worthless in that regard but your assets can be helpful.

There is much to wrap you head around and you have only touched on one-quarter of it.

I'm asking this to be transferred to the proper immigration forum, which is the US marriage-based visa forum. You might like to read some of the posts there.

Gotcha. I will take a look at the posts there, thanks.

Pulaski Sep 29th 2017 3:24 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12349887)
There's nothing wrong with looking for a partner that aligns with what you want too. I'm not going to enter into a relationship with someone that wants to live in France when I want to live in America, nor would I marry someone I wasn't in love with for entry to the US. It's called being realistic and therefore searching accordingly for someone that aligns with what you want.

I agree, and thought exactly like you before I got married. There was no bad intent, and no deceit involved when I met the then-future Mrs P.

In reality there is little practical difference between seeking out potential life partners who live in Yorkshire and ones who live in another country.

mattataka Sep 29th 2017 3:40 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12349898)
I agree, and thought exactly like you before I got married. There was no bad intent, and no deceit involved when I met the then-future Mrs P.

In reality there is little practical difference between seeking out potential life partners who live in Yorkshire and ones who live in another country.

Not sure what the last part meant but to me it just seems logical that I would want to find a partner that is a US citizen and wants to live there.

Thank you for all your help on the subject it is much appreciated.

tom169 Sep 29th 2017 3:41 pm

Re: Question about marrying a US citizen & income
 
I think you should start working towards that CS degree. You could potentially set yourself up for a few different visa avenues.

mattataka Sep 29th 2017 3:42 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by civilservant (Post 12349894)
I would argue that it is probably a better idea to find another way, for example gaining a degree (if you do not already) and moving into a field that might get you transferred. While I don't believe it's a 'bad thing' to take the route you are suggesting, it might be a good idea to get that little chestnut out of the way early on.

I agree that gaining a degree would be wise and I probably will end up doing that.

Rete Sep 29th 2017 8:26 pm

Re: Question about marrying a US citizen & income
 
Poor lady ... if she only knew that her main attractive is her ability to sponsor you for a green card. As the song says: "What's Love Got To Do With It"

Pulaski Sep 29th 2017 8:52 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Rete (Post 12350130)
Poor lady ... if she only knew that her main attractive is her ability to sponsor you for a green card. As the song says: "What's Love Got To Do With It"

As someone has has been down that path, you are waaay off base!

Rete Sep 29th 2017 8:55 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12350174)
As someone has has been down that path, you are waaay off base!

As is often the case, I don't have a clue what you are talking about.

Unless you are implying that I was married because of my ability to sponsor a foreigner to the US.

Nutmegger Sep 29th 2017 9:08 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12350174)
As someone has has been down that path, you are waaay off base!

So are you saying that it wasn't purely chance that you fell for a US citizen, you were hoping that might happen and thus facilitate your move?

mattataka Sep 29th 2017 9:24 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Rete (Post 12350130)
Poor lady ... if she only knew that her main attractive is her ability to sponsor you for a green card. As the song says: "What's Love Got To Do With It"

There is no lady in question, I wanted to gather info incase the situation does arise.

And yes of-course this infers I would love to meet an American woman, wanting to live there and all, but I would not marry someone I didn't want to marry for the purpose of a green card (I think that would create a rather unpleasant situation).

There is, however, nothing wrong with getting myself out there and meeting one I DO want to marry :)

Pulaski Sep 29th 2017 9:46 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Nutmegger (Post 12350187)
So are you saying that it wasn't purely chance that you fell for a US citizen, you were hoping that might happen and thus facilitate your move?

It was a US dating web site. You do the math! ;)

Nutmegger Sep 29th 2017 9:48 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12350205)
It was a US dating Web site. You do the math! ;)

Happily, words, not numbers, were always my thing!!! :sneaky:

mattataka Sep 29th 2017 10:15 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by Pulaski (Post 12350205)
It was a US dating web site. You do the math! ;)

Were you in the US at the time or doing it from england? lol

Pulaski Sep 29th 2017 10:50 pm

Re: Question about marrying a US citizen & income
 

Originally Posted by mattataka (Post 12350216)
Were you in the US at the time or doing it from England? ....

I was in the UK. :nod:

Noorah101 Sep 29th 2017 11:21 pm

Re: Question about marrying a US citizen & income
 
The OP has been given sufficient information towards his hypothetical path forward.

Thread closed.

Rene
Moderator


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