Spousal visa etc.

Old Mar 31st 2012, 2:04 pm
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Default Spousal visa etc.

Hi I know a few people on here may know my situation but I'll lay it out breifly.
Husband and I married in 2006,
I got pregnant so my husband came to the UK for the birth of our daughter late 2007, daughter born Jan 2008.
Husband returned to US last month, having overstayed in the UK for 3 1/2 years..
Spoken to others on the other forum regarding UK. They think, best option is for me to go to the US. My husband is the USC I am the UKC. Our daughter has duel citizenship 2 passports so that is not the issue there.

I know my husband has to earn $23,200 ish a year, he is looking into getting employment wherever he can once he's started college. We realise this is going to take time, possibly years. What I'm wondering is, because of what I do, I run a small dog kennel here in the UK. If I can find a kennel in the US that is willing to employ me when I get my spousal visa, would it help in any shape or form with the finantual side of things? I am only playing with ideas. I realise ultimately my husband is going to need to earn the 125% poverty line and that we must proove that I won't be a burdern in the US. But I am wondering if any job offer that will wait for me will count toward the poverty line. I don't think it does but I thought I'd ask anyway. Obviously finding a job for when I do get over is going to be beneficial regardless but would apeciate some imput from people with more experiance than I.

I also know the other route is saving. I'm selling stuff to pay off debts here in the UK and am going to start saving as soon as I have paid everything off.
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Old Mar 31st 2012, 3:19 pm
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Default Re: Spousal visa etc.

Can a Mod please move this to the US Marriage-Based forum, please?

Originally Posted by Sabrielle
I know my husband has to earn $23,200 ish a year, he is looking into getting employment wherever he can once he's started college. We realise this is going to take time, possibly years. What I'm wondering is, because of what I do, I run a small dog kennel here in the UK. If I can find a kennel in the US that is willing to employ me when I get my spousal visa, would it help in any shape or form with the finantual side of things?
No, because future income can't be counted on the I-864. Only current income. And as the UKC, that income must continue from the same source once inside the USA.

I realise ultimately my husband is going to need to earn the 125% poverty line and that we must proove that I won't be a burdern in the US. But I am wondering if any job offer that will wait for me will count toward the poverty line.
No, sorry, it doesn't. Future income doesn't count.

I also know the other route is saving. I'm selling stuff to pay off debts here in the UK and am going to start saving as soon as I have paid everything off.
True, savings can be used. Cash in the bank is considered an asset. Keep in mind that assets must equal 3x what would have been needed in income.

Rene
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Old Mar 31st 2012, 3:20 pm
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Default Re: Spousal visa etc.

Originally Posted by Noorah101
Can a Mod please move this to the US Marriage-Based forum, please?


No, because future income can't be counted on the I-864. Only current income. And as the UKC, that income must continue from the same source once inside the USA.


No, sorry, it doesn't. Future income doesn't count.


True, savings can be used. Cash in the bank is considered an asset. Keep in mind that assets must equal 3x what would have been needed in income.

Rene
Thought it was in a spousal visa section. Maybe I posted it wrong. As I thought, even if I secured a job it wouldn't count. I thought it was 5 times the missing income?
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Old Mar 31st 2012, 3:27 pm
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Default Re: Spousal visa etc.

Originally Posted by Sabrielle
Thought it was in a spousal visa section. Maybe I posted it wrong. As I thought, even if I secured a job it wouldn't count. I thought it was 5 times the missing income?
You posted this thread in the General USA forum. A mod will move it to the marriage-based forum soon.

For Immigrant Visas in general, assets must be 5x. But when it involves a married couple, the requirement is only 3x. If you use a joint sponsor, the joint sponsor's assets must be 5x. It's all in the I-864 instructions.

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Old Mar 31st 2012, 3:29 pm
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Default Re: Spousal visa etc.

Originally Posted by Noorah101
You posted this thread in the General USA forum. A mod will move it to the marriage-based forum soon.

For Immigrant Visas in general, assets must be 5x. But when it involves a married couple, the requirement is only 3x. It's all in the I-864 instructions.

Rene
Thanks Rene, I didn't read it my husband did and he was saying it was 5x so I just listened to what he said he must of read it wrong and duh to posting in the wrong section >.< Not sure even if I sell all my posessions I'd make up that much money. But I can have a try at trying to get started at least.
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Old Mar 31st 2012, 5:52 pm
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Default Re: Spousal visa etc.

Originally Posted by Noorah101
Can a Mod please move this to the US Marriage-Based forum, please?
Done.

What's the husbands status now in the UK? If he doesn't have a status in the UK, doesn't look like he could DCF while in the UK?
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Old Mar 31st 2012, 7:05 pm
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Default Re: Spousal visa etc.

Originally Posted by Bob
Done.

What's the husbands status now in the UK? If he doesn't have a status in the UK, doesn't look like he could DCF while in the UK?
According to her previous threads, he is now back in the USA, so can't do DCF.

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Old Apr 1st 2012, 12:52 am
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Default Re: Spousal visa etc.

yes we didn't know about the human rights when we booked his ticket.. he is in the US he's getting a job asap so that will help but i want to work out what i can do to help really...
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Old Apr 1st 2012, 1:24 am
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Default Re: Spousal visa etc.

I think your best bet at this point is to see if you guys can find a joint sponsor, someone who makes enough money to support themselves, their family and JUST YOU. I don't think your daughter counts because she is a USC and the DO NOT have to make enough to support your husband because he is a USC as well.

If you can find a joint sponsor, and joint sponsors do NOT have to be family but can be anyone who is a USC and meets the income requirement, then your husband can file the I-130 + Supporting Paperwork and get the process started for you to come be with him in the US.

If you're desperately searching for something to keep you busy and help you feel like you're helping, start contacting kennels over here where you'll be living and putting out feelers to see if they'd be interested in hiring you in 8-10 months. Since you'll be coming into the US as a Permanent Resident you'll be able to start working right away, but you'll have to wait until after you've received your visa which takes about 8-10 months.

Basically - Find a joint sponsor and get the paperwork ball rolling.
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Old Apr 1st 2012, 1:51 am
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Default Re: Spousal visa etc.

Originally Posted by katiekat
I think your best bet at this point is to see if you guys can find a joint sponsor, someone who makes enough money to support themselves, their family and JUST YOU. I don't think your daughter counts because she is a USC and the DO NOT have to make enough to support your husband because he is a USC as well.

If you can find a joint sponsor, and joint sponsors do NOT have to be family but can be anyone who is a USC and meets the income requirement, then your husband can file the I-130 + Supporting Paperwork and get the process started for you to come be with him in the US.

If you're desperately searching for something to keep you busy and help you feel like you're helping, start contacting kennels over here where you'll be living and putting out feelers to see if they'd be interested in hiring you in 8-10 months. Since you'll be coming into the US as a Permanent Resident you'll be able to start working right away, but you'll have to wait until after you've received your visa which takes about 8-10 months.

Basically - Find a joint sponsor and get the paperwork ball rolling.
Thats the problem, my nieces mom said she would sponsor me but she only makes like $30k a year and there is about 7 of them (not including my husband) in the house hold. Of course some of those 7 people have jobs but she can't technically suport all of them so I can't really use her as a joint sponsor. She has 3 kids under 18 and her eldest is 20 who has a child and she claimed the baby on her tax return so is technically responsible for him too. I really don't think we can use her as a co-sponsor even though she's willing (my husband lives with them at the moment). There are like 8 people in the house hold. So it's left me with not many other options. He doesn't have any other family and although I do have friends I don't know if i've known them long enough to ask if they could be a co-sponsor. I will have to have a think. It's a shame it has to be a USC as I have Canadian family that probably would help. But I don't qualify for a Canadian visa as it's my grandad who is half Canadian and so they are 3rd cousins who we are quite close too. I wish it was so simple as 'find a joint sponsor'.

Last edited by Sabrielle; Apr 1st 2012 at 1:53 am.
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Old Apr 1st 2012, 2:07 am
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Default Re: Spousal visa etc.

I just wanted to work something out, if one of my husbands single friends was willing to co-sponsor they would just need to support themselves and me right? So that would be the almost $19,000 a year. But if my husband is in his own place and not with my nieces mom, do we include my daughter in the application as she's already a USC? I'm just trying to work out if our household size is considered 2 or 3. If it's 2 it would be considrably easier to be able to deal with. If not we can ask our friends if they are willing to co-sponsor..
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Old Apr 1st 2012, 4:33 am
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Default Re: Spousal visa etc.

Originally Posted by katiekat
If you can find a joint sponsor, and joint sponsors do NOT have to be family but can be anyone who is a USC and meets the income requirement...
To clarify, the joint sponsor can be either a USC or a PR, over age 18, and living in the US.


... then your husband can file the I-130 + Supporting Paperwork and get the process started for you to come be with him in the US.
He can file the I-130 now anyway. The joint sponsor won't be needed for at least 4 or 5 months, so no need to delay if there's someone who might be suitable.

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Old Apr 1st 2012, 4:35 am
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Default Re: Spousal visa etc.

Originally Posted by ian-mstm
To clarify, the joint sponsor can be either a USC or a PR, over age 18, and living in the US.



He can file the I-130 now anyway. The joint sponsor won't be needed for at least 4 or 5 months, so no need to delay if there's someone who might be suitable.

Ian
He said he will talk to his friend monday, so we will see what comes out of that first.
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Old Apr 1st 2012, 4:37 am
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Default Re: Spousal visa etc.

Originally Posted by Sabrielle
... if one of my husbands single friends was willing to co-sponsor they would just need to support themselves and me right?
Correct, as long as the joint sponsor (not co-sponsor) was eligible as outlined in my previous post.


So that would be the almost $19,000 a year.
Correct.


But if my husband is in his own place and not with my nieces mom, do we include my daughter in the application as she's already a USC?
Your daughter does not need sponsoring. Even if your husband was still living with family, if the "single friend" was the joint sponsor, it would still be the friend + you = 2. Where your husband lives is irrelevant if the joint sponsor lives elsewhere!

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Old Apr 1st 2012, 4:39 am
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Default Re: Spousal visa etc.

Originally Posted by ian-mstm
Correct, as long as the joint sponsor (not co-sponsor) was eligible as outlined in my previous post.



Correct.



Your daughter does not need sponsoring. Even if your husband was still living with family, if the "single friend" was the joint sponsor, it would still be the friend + you = 2. Where your husband lives is irrelevant if the joint sponsor lives elsewhere!

Ian
But if his friend can't do it and my husband had to do it on his own by getting a job (which would mean more time apart but these things happen) would my daughter be included in the poverty line threshold? She is with me in the UK at the moment. Thats what we are unsure of.
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