kimbap

i am a USC living in UK (i don't think i'll have a problem proving that, i've been here for 18 months on a spouse visa, gave birth here in dec, etc. and lived in Paris for two years before that) i'm hoping to file my I-130 for my husband, a UKC and get it processed as soon as possible. i spoke to an immigration lawyer here in London who said best case scenario: 14-16 weeks from filing I-130 to interview, and then if accepted, 3-5 biz days for passport to be returned with visa. the I-130 doesn't look complicated but everyone on this forum talks about income. Am I missing something? When does that information come in?

We are hoping to be in the U.S. by 1st September so can't afford any mistakes. Should I file the I-130 tomorrow and hope it will work out? Is there a list of the documents my husband will need that i can start preparing? please forgive me if these are readily available on site. i have a 3.5-month old (aUSC) so can only do so much at once.

THANK YOU SO MUCH FOR YOUR HELP!
kimbap


p.s. Alas, I have no income. My husband has supported me for these 18 months but his income will end when we move. We don't have lots of savings as we put it all into our London home in which we have several 100k of equity. In our combined accounts we have 3x poverty level for NYC family of 4 (but we are 3). But only 2x in my acct in NYC.

Noorah101

Hi Kim, Welcome to BE.

You probably don't need a lawyer for the process, since it seems straightforward (no criminal past for the UKC? No previous overstays in the USA for the UKC? No communicable diseases?).

Go to www.uscis.gov, Immigration Forms, and look at the I-130 and G-325A. These are what needs to be turned in first.

Also look at the I-864 and I-864P, Affidavit of Support and Poverty Guidelines. This will be turned in at visa interview time.

Assets can be used (either yours or his or both), and as you know they must equal 3 x the amount you would have needed in income. London is being fairly picky lately about using your primary residence as an asset (your house in London). You might want to think about getting a joint sponsor, just in case.

Rene

jeffreyhy

kb,

Income comes into play with the visa applciation that will follow approval of the I-130.

You will be selling that home in London? Be very realistic - conservative - in estimating it's value, there's been some anecdotal evidence that the US consular staff is discounting that asset steeply.

Along with documenting assets in lieu of income you're going to have to take steps to re-establish domicile in the USA, it's a requirement for sponsorship.

Regards, JEff

Noorah101

Oh, and I think the attorney you spoke with is being overly optimistic about the timeline. It seems lately that DCF cases like yours are taking 5 or 6 months from start to finish. It's past mid-April now, so I would expect your husband to get his Immigrant Visa around mid-September, mid-October, if all goes smoothly. Of course there's always that chance it could be faster, but just to save disappointment, don't count on him being in the USA by September 1.

Your husband should get his Police Report ready (from the UK and also any other country he lived in longer than 1 year, over the age of 16). Make sure he has his long form birth certificate, and proof of termination of any prior marriage.

Make sure your USC baby has a US passport to travel on.

Rene

meauxna

Realistically, a London-based Immigrant visa filing takes 4-6 months. This is based on multiple user reports over a period of time.

But, you should be very cautious about making un-changeable plans for your own case.

The 2 links in my siggy are for people like yourself; the first explains the entire process (I-130 is but the first step) and addresses your income concerns.
The second link is to the details for filing from London.

It's not quite as simple as a list of documents, and it does take some attention to detail and time for study, so if this is poor timing for you to take that on, a lawyer could be a useful tool.

September 1 seems overly optimistic for your move.