Andyrocks22

I am a US citizen married to a Brit and we currently reside in the UK. We are planning to move to the states and in preparation to be able to sponsor him I am interviewing for employment in the US. We plan to file the I-130 and need to know once this has been received will I be able to travel back and forth freely for interviews or not? Just wondering if we should delay filing due to the fact I am actively seeking employment. How soon does the affidavit of support need to be filed and how long must I be working in the US to be able to sponsor my husband?

Thanks very much,

Rete

Of course you can fly back and forth. In fact once the I-130 is filed in London, you can head back to the US permanently and your spouse can complete the process by himself. There is nothing else for you to do on your end other than complete an I-864.

meauxna

After your I-130 is accepted for processing (when your payment is taken, basically), you are free to leave the UK; your residency part is fulfilled.

You won't be called for any interview. Your spouse will need to attend the visa application interview. That is where the I-864 Affidavit of Support is required.
There is no set period of time you must have been working in the US to be a Sponsor; the decision is made on the totality of your circumstances.

Andyrocks22

Thanks very much for your answer, however, I am even more confused so please bear with me..I am currently unemployed and I have been under the impression I must be able to prove I can support my husband before he will be allowed to immigrate..is that correct? Also, must we be apart or is that also something else I have misunderstood? I was told I should have several pay stubs as proof...Is all this as stressful and difficult as it seems to us at the moment? Thanks for your help!

ian-mstm

Yes, and no. You must be his sponsor, since you are the USC spouse. However, if you don't earn enough or don't have sufficient assets in lieu of earnings, you can get a joint sponsor - any USC or PR, over age 18, living in the US... anyone at all. That said, you don't need to provide that proof until your husband attends his interview.


You're not obligated to be apart, if that's what you mean! You can hop over to the US for a job interview and head back to the UK if you want. It's expensive to keep going back and forth, but if you can afford it that's just fine! Most people can't afford the luxury.


As proof of your current earnings... yes. Your husband will need this when he goes for an interview, not before. But, if you can get a joint sponsor, you don't need to worry about any financial stuff.

Ian

Noorah101

If you (the USC) are not living back in the USA by the time he goes for his interview, be aware that you'll need to demonstrate "intent to domicile". If you are living back in the USA by that time, no problem. Domicile issue is resolved then.

Rene

meauxna

heheh.. to your last Q, maybe, maybe not.

You have several ways to meet the requirements of the I-864 Affidavit of Support.
One is through your own US income, another through the use of your assets, or, a combination of the two.
Another is a Joint Sponsor.

If your US employment is new, but is at the required level, certainly the longer you have the job the better, but there is no automatic period of time you must have had the job.