OldMotherReagan

Hey

So I'm an American living in England. I have convinced my wife to move to America, and was wondering, when you start applying for all her visa stuff, how long does it usually take? And once approved how long do you have until you must move to the US? I will have an employment letter stating I will be earning enough, plus a letter from my dad saying he can support us.

I also thought I read somewhere that since we have been married 2 years she gets a green card straight away, is that true?

Thanks!

Noorah101

How long have you lived there?

It depends. If you are qualified to file the I-130 directly to London (i.e., you've lived in UK for more than 6 months), the process takes about 5 months. If you have to file the I-130 to a service center in the USA, the process takes about 8 to 10 months.

Six months.

That's good for your "intent to domicile" issue, but not enough for the I-864 affidavit of support requirements, unless the income is continuing in the USA from the same source as the UK.

That's good for your "intent to domicile" issue, but he might also need to be a joint sponsor for the I-864, is he willing to do this?

No matter how long you've been married, she becomes a US PR (i.e., she gets her green card) straight away. If the marriage is less than 2 years old at the time she enters the USA, she gets a 2-year green card. If the marriage is more than 2 years old at the time she enters the USA, she gets a 10-year green card.

Rene

SecretGarden

WIKI!!!!!!!!

~SecretGarden

Noorah101

We don't know which Wiki entry applies to the OP until we find out whether he qualifies for DCF or not.

OldMotherReagan

Why does it have to continue from the UK? I was an Electrician before I moved to England. And will be earning more than 125% above the poverty rate.

I have been here 2 years, and will be here 3 years when we start looking at moving.

md95065

Because that is the way that the US have decided to do it

If you were going to be continuing in your current job then that would be OK because they could look at your current income, see that you qualified, and assume that income would continue at the same level.

An offer of a new job, no matter how well paying, doesn't count because you don't actually have that job yet and the potential employer could change their mind and then you wouldn't have a job.

Of course this doesn't really make sense because - in either case - you could qualify, go through the entire process, arrive in the US and then lose your job the next day ...

... but those are the rules.

So, unless you have sufficient assets to qualify without using your income you will need to start looking for a joint sponsor - could be your father, but it doesn't have to be - any US citizen or permanent resident with sufficient income / assets will do.

Noorah101

The I-864 requires you to have *current US-earned income". At the moment, you have UK-earned income, which doesn't count on the I-864. A letter of future employment in the USA also does not count on the I-864. The only way your income would count is if the money will continue in the USA, from the same source it came from in the UK...i.e., if your UK company were transferring you, or you had retirement benefits that would continue in the USA.

That's great, so you can start studying up on "Direct Consular Filing" (DCF) which means the USC files the I-130 directly to London. The process takes about 5 months. Your two bigget obstacles will be intent to domicile in the USA, and the I-864 affidavit of support. I assume you've been filing a US tax return each year? If not. you'll have to get caught up on that, too.

Check out the Wiki entry for DCF.

Rene

Noorah101

Just wanted to point out here that London is getting increasingly picky about use of assets. In the past, the value of a home could be used as an asset, but recently we've seen many instances where that is not the case, because of the bad market. If one is thinking of using assets, cash in the bank is the best asset to have. A primary home (or maybe even any home) is far less likely to be approved as an asset.

Rene

OldMotherReagan

thanks for all that.

My dad earns enough for me, him, my wife, his girlfriend, and her daughter. So hopefully that would work.

SecretGarden

I realize that, but it isn't mandated that you provide the right link.........maybe he could find it himself? Just sayin'........

~SG

jeffreyhy

SG,

What a novel thought. Revolutuionary, even!

Regards, JEff

JAJ

Are you planning to become a British citizen before you leave?

OldMotherReagan

Of course, we want free movement between our countries