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UK to USA - Spouse application help

UK to USA - Spouse application help

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Old Apr 11th 2021, 10:21 am
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Default UK to USA - Spouse application help

Hi All!

I was hoping for information to be all in one place but its just like the British settlement process 😩

Husband Dual Citizen (USA/UK) USA born
Me UK citizen
kids dual except the latest one who we are waiting on applying for.

Currently we are residing in the UK. Husband is hoping to leave in March 2022 and go get work and then we will join in July 2022.

So my understanding from what I've researched so far.so

-I130 application (processing time 6-11 months)
- ds260 visa application & i864 affidavit of support (processing time 6-10 weeks)
- consular interview, medical and biometrics

So my questions

1) Am I missing anything?
2) Are there anymore forms or things to do once we enter the USA?
3) Financial requirements. For a family of 5 its
$38,800. We are hoping my husband gets a job meeting that but if he doesnt and can only meet some of the income what is the calculation for what we will need? Is it $38,800 x 5 = 194,000.
or If he gets a job not quite meeting the requirement the calculation its $38,800- Husbands job = remaining to meet(RTM). Then RTM x5 = total of remaining to meet.

4) What assets can be used?
- We have a house we are going to live in over in the USA. No mortgage. I wasn't sure if this could be included as it will be our main residence. But it is a small hobby farm with a bit of land we could actually sell if times got hard.
- Rental house in UK valued at about £125,000 with an income £6600 per year before deductions. No mortgage.
- Husband 401k
- vehicles that aren't main vehicles

5) if we used the rental house as income we could just add it to my husbands income but then we couldn't use it as an asset as well right?

Unfortunately we have very little savings as we have been working hard to get mortgage free.

Appreciate any help. 🥰
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Old Apr 11th 2021, 2:58 pm
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Default Re: UK to USA - Spouse application help

1. No.
2. No.
3. Your calculations are correct, but multiply by 3 instead of 5. When marriage-based, it's only x3.
4. Main residence in USA can't be used. Rental house income is counted as income, not asset. 401K I don't believe can be used because it's not liquidable within 1 year. The vehicles had better be something rare and high value, not a typical day to day car. Well they be in storage in the UK after you move? To be on the safe side, I wouldn't count the car values.

If you don't have enough with income and assets, a joint sponsor can be used.

Rene
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Old Apr 11th 2021, 3:10 pm
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Default Re: UK to USA - Spouse application help

July my be pushing it, there is a big backlog.
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Old Apr 11th 2021, 3:23 pm
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Default Re: UK to USA - Spouse application help

Hi Rene,

Thank you for your help. Much appreciated. The 3 year thing works out better. So if we wasn't looking at my husbands income the figure is $116,400 to meet. The rental house i have is worth over that so could we skip using it as income and just use it as an asset and then we meet the requirements? If this isn't the case we may possibly have to look at a joint sponsor or wait until husband finds work when he goes back.

Also 75% of my husbands 401k can be liquidised immediately. We went through a whole drama with that when we applied for UK citizenship for him so no problems with that.

The vehicles are in America already stored at his dads house so no probs there.

Thanks so much for your help

Kelly
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Old Apr 11th 2021, 3:29 pm
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Default Re: UK to USA - Spouse application help

Originally Posted by Boiler
July my be pushing it, there is a big backlog.
For next year? 😱😱😱😱

I just want the kids to start a new school year instead of joining classes late so they can settle in easy. Its possible to go the year after I guess.
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Old Apr 11th 2021, 3:31 pm
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Default Re: UK to USA - Spouse application help

Originally Posted by mathremuk
For next year? 😱😱😱😱

I just want the kids to start a new school year instead of joining classes late so they can settle in easy. Its possible to go the year after I guess.
Under normal circumstance July next year should be ok, now not sure.
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Old Apr 11th 2021, 4:15 pm
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Default Re: UK to USA - Spouse application help

Regarding the rental house... if you are planning to rent it, the rental income has to be counted as income. If you are planning to sell it, the sale value can be counted as an asset (if it's mortgage free).

And regarding the vehicles, you haven't said what kind they are? Again, if they are rare collectibles, you might stand a chance of using the value. But if they are your standard day to day driving type, probably not.

Rene
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Old Apr 11th 2021, 6:47 pm
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Default Re: UK to USA - Spouse application help

Originally Posted by Noorah101
Regarding the rental house... if you are planning to rent it, the rental income has to be counted as income. If you are planning to sell it, the sale value can be counted as an asset (if it's mortgage free).

And regarding the vehicles, you haven't said what kind they are? Again, if they are rare collectibles, you might stand a chance of using the value. But if they are your standard day to day driving type, probably not.

Rene

Hi,

OK not planning to sell the rental unless we hit hard times. It is mortgage free.

The vehicles are Peterbilt trucks.

Thanks
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Old Apr 11th 2021, 7:20 pm
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Default Re: UK to USA - Spouse application help

A quick look online suggests the trucks value around $23K each. Is that something easy to sell if you need to? You own the trucks outright? You can certainly try to list them as an asset, but my advice is to make sure you have a backup plan in case the interviewing officer doesn't accept them as an asset.

Rene
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