ella2013

HI,i have joint citizenship of UK/USA,always lived in UK apart from 2 years in 2000.
I am sponsoring my UK husband so we can move to USA.I filed the I130 in June and was told the whole process would take up to a year.We planned for me to go to USA in the new year to stay with my american birth mother and look for a job and apartment.However the process is moving much faster and his medical is in 2 weeks!.Assuming then the visa interview is not long after that?

The problem is that i can't leave my present job right now as i have too many commitments with it and need around 3 more months to tie it up.I also need good references!!.

My birth mother is unable to sponsor my husband as she is about to retire on grounds of ill health.However she is able to house/feed my husband until we have settled.Would this temporary arrangement work until i get a job? I have read on 2 different websites that to have a domicile in USA for a UK based citizen can be accepted in circumstances.Has anyone experienced this yet? We are hoping that we can both go to USA at the end of the year and hoping this arrangement is possible.We have been married 3 years and have no assets.

Noorah101

You have some options:

1. You can delay his visa process by cancelling that medical appointment, and then not doing the medical for a while. Don't turn in any paperwork to the embassy until you're closer to wanting to move. Keep in touch with the embassy, letting them know you're not abandoning the whole process, but that you won't be following up for a couple of months yet.

2. Don't forget his Immigrant Visa will be good for 6 months from the date of the medical, so even if you go ahead with the medical and interview, he shouldn't have to immigrate until about February 2013.

3. Try to find a different joint sponsor...it does not have to be a family member.

The "temporary arrangement" you mention will not work, as you need a financial sponsor who currently earns enough income or has enough in assets to qualify financially according to the guidelines on the I-864P. Simply being able to house and feed someone is not enough...they actually need to prove current income and/or assets.

If you can't find a different joint sponsor, then it looks like you need to delay his visa process for a while, until you can move to the USA and have a few paystubs in the USA under your belt, so that you can qualify financially to fill out the I-864.

Your "intent to domicile" issue is a separate one from the I-864 financial requirements.

Rene

Noorah101

Have you been filing your US tax return each year? If not, you'll need to file at least the most current 3 years, to go along with the I-864.

Rene

Noorah101

When she retires, will she receive any sort of social security income, or retirement income? That might suffice on an I-864 as a joint sponsor.

Rene

ella2013

Thanks for your advice.I think my birth mother is afraid that something could go wrong financially and she may up up losing her house .She was keen to sponsor at first but now concerned that if for example my husband got sick and was not covered properly by medical insurance that she may lose her assets.There isn't anyone else i can really ask.

Noorah101

Has your mom read what her responsibilities would be? It has nothing to do with your husband not being able to cover his medical bills. She should read the I-864 form and instructions, and then see if she still wants to be a sponsor...she might feel more comfortable if she sees in writing exactly what she'd be responsible for. Basically it's just repaying the US Government if your husband should use any means-tested benefits like food stamps or welfare. It's not if he just can't pay his bills.

Also, the US Government would come to YOU first for repayment, and would only go to your mom (the joint sponsor) if YOU cannot pay that money back.

Rene

jeffreyhy

I think your mother is right to be concerned, given her personal situation and the state of the economy in general. However, she ought to correctly understand what it is that she has to be concerned about. The I-864 does not make her responsible for paying your husband's bills. It makes her responsible, after you, for ensuring that your husband has money to live on up to 125% of the poverty level. How he spends his money, which bills he pays and doesn't pay, is up to him.

As Rene has written, she would be responsible after you for repayig the government any means tested benefits that he applies for and receives. He should not be given any such benefits for his first 5 year in the USA, but if he should be the government agency that gave the benefits can seek to recover the money first from you and then from her.

What Rene did not write is that your husband can sue, first you and then her, to obtain income up to 125% of the poverty level should he need and desire to do so. It's very rare, but it's happened and has been successful.

Regards, JEff

ella2013

Hi sorry i have not replied sooner,the emails were going into my spam and didn't realise.Yes i am in the process of filing the last 3 years of taxes,i had no idea i was meant to be doing this until recently,i am the only USA citizen in my family.My husband is busy doing this for me so hopefully it will be ok

ella2013

Ah ok,I had not realised it was just the US government,that really helps a LOT as i just assumed it was for any kind of bills...

ella2013

Thanks for the advice,i am going to explain it properly to her and everything should be ok!!!

Noorah101

Or, she could just read the I-864 form and instructions herself, that might make it even more clear to her...instead of you explaining it again.

Rene

ella2013

yes she is going to talk to someone tomorrow to clarify what costs she may occur ,then if all good is happy to sponsor,whew!!

Beardysteve

Hi Ella, Your situation sounds very similar to my wife and mine so I'm looking forward to hearing how you get on. My wife is the US citizen and she will be sponsoring me. Good luck with the whole process and I hope it doesn't stress you out too much...!

ella2013

Hi Steve,yes it was all a lot more work than we realised but we are slowly seeing an end in sight,hubby has his medical in London nxt week so hoping his interview not too long after! I will update on here and hope all goes well for you too!!

jeffreyhy

To clarify, it is not just the US government. But neither is it for bills, of any kind.

Regards, JEff