Chris_1

I am British living in the UK with a wife from the USA and an adopted (British) daughter. We have been married and living in the UK for 15 years, she has a permanent residence visa. I have a degree in computer science and over 20 years experience of IT, mostly in the financial sector. Following a recent holiday to the USA my wife has been feeling increasingly homesick. We haven't decided anything yet, but I was wondering if it would even be feasible for us to move to the USA. The possible blocking points are:

* I am 51 years old. My wife worked in the USA previously for 15+ years. I would not really want to move to the USA if I would have to move back on retirement - which which would probably be the case if we couldn't both get medicade.
* My wife has no close living relatives in the USA who could sponsor us. We do have about £90,000 equity in a house, though selling at the moment would not be quick!
* My wife has never filed a US tax return. Most of the time she has not been earning, and the maximum she has earned in a year was about 12,000 so I don't think that there is anything to pay.
* I had a drink driving conviction 30 years ago, spent as far as UK law is concerned - I don't need to declare it on employment or car insurance applications - though I don't know if this is the case when applying for immigration to the USA.
* I am concerned that moving now might mean that I don't qualify for either a full UK state pension or a USA social security pension. I know that in some circumstances you can voluntarily pay UK NI contributions when abroad though I don't know if I qualify.
* I have concerns about the USA job market for people 50+ age. I would be particularly worried about having to move then look for a job.
* Our 10 year old adopted daughter probably has an unrealistic view of the USA, having only been there for holiday and fun! How do UK kids tend to take to US schools?

Any advice or comments would be welcome.

ian-mstm

Feasible? Absolutely.


Your USC wife is and must be your sponsor regardless of whether or not she meets the financial conditions. If she doesn't, then you can use a joint sponsor - any USC or PR, living in the US, over age 18. Anyone at all... so a "close living relative" is meaningless in this context.

Note though - that your USC wife does not need sponsoring... after all, she's a USC. You mention an "adopted daughter". Is she your wife's biological daughter from a previous relationship that you subsequently legally adopted following your marriage (or is she a stepdaughter), or is she a non-biological child that you've both adopted? Either way, I'm pretty sure that your daughter will immediately become a USC the day she enters the US - not something to be tossed aside lightly!


If allowed, this would comfortably meet the financial requirement (= $23162/yr income or $69486 in assets (3x $23162)).


All USCs, regardless of where they live, are obligated to file a US tax return each year... but, she is not required to file a return if she doesn't meet the income threshhold. She'll need to file the most recent 3 year's worth of returns. The US Embassy in London has a bunch of people there who, by all reports, are quite helpful. No worries, it's a very common situation for USCs living abroad.


You will need to declare it... but it will likely not be a bar for immigration purposes - especially considering its age.

As for your other stuff... none of these are issues with respect to immigration, and although they are valid concerns, they won't affect your ability to immigrate. They might, however, affect whether or not you want to!

Ian

fatbrit

It's time she became a UK citizen.

Married2abrit

You may want to have a look at www.ssa.gov for information about US Social Security. I think you'd have to work for some years to pay into the system; you may also want to investigate about Medicare (you are not of the age to get into that program). The government sites will give you a lot of information. Also, some other posters are sure to chime in soon. Best of luck with whatever you decide.

Chris_1

Since she has a permanent residence visa she does not think it worth spending the money or taking the exams.

Chris_1

Thanks,
I know that I am not at the age where I am eligible for medicare, but if we do move to the USA then when I retire I think it would be essential, as far as I know insurance costs for over 65s without medicare increase dramatically, if they will cover you at all.

Chris_1

Thanks Ian for the comprehensive reply.

I don't think that there is anyone we know well enough to ask to sponsor us, her closest relatives living are nephiews, nieces, etc.


She is jointly adopted by us both. As far as I can understand she will be eligible to be a US citizen once in the USA, I'm not sure if it is automatic. I also have another adult daughter - I understand that if she wanted to move to the USA once we are there we could sponser her.





That's useful to know. Could we use it to put towards a US house or does it need to be kept in a readily available account?




Thanks for your useful advice
Chris

Noorah101

But if she moves back to the USA, she won't like the idea of starting all over again if you guys decide to move back to the UK. It's much better to be a dual citizen and have the freedom to move back and forth at will.

Rene

Noorah101

At the time of your visa interview, you will need to present an I-864 affidavit of support. If your USC wife does not earn enough income (which she does not), you can use joint assets to qualify. The assets need to be 3x what would have been needed in income (see form I-864P for the poverty guideline amount). Cash in the bank works best, but the ConOff can consider other assets such as your home. The assets must be able to be liquidated within 1 year at the same value you declare on the I-864.

Let's say you have just enough cash in the bank to cover the I-864 assets requirement. But before your visa interview, you use that money to put a down payment on a house in the USA. That money can no longer be used on the I-864.

Rene

Chris_1

I don't think it says anything on her visa about having to stay in the UK - as far as I am aware would still be valid.

ian-mstm

Again, you don't need relatives... but it sounds like you have no one to ask. Unfortunately, if your income/assets don't meet the threshhold, it simply won't happen.


I am absolutely sure it's automatic. There are 3 criteria:

1) The child is under age 18.
2) The child is in the physical and legal custody of a US citizen parent (yes, an adopted child is covered in this definition)
3) The child is a US permanent resident.

The day your daughter enters the US with her immigrant visa (accompanied by your wife), your daughter will immediately become a US permanent resident and meet the 3rd criteria. She will automatically become a US citizen as a matter of law. Keep this in mind when it comes time for the I-864 Affidavit of Support - your daughter will use form I-864W... as she will not need financial sponsorship the moment she enters the US. Indeed, you - and not "us" - are the only one who needs financial sponsorship.


Yes, true... but it'll be quicker if she was under age 18 when you and your USC wife married and she remains unmarried. Once she marries, she automatically gets catapulted into a long, long wait (read = many years instead of 1-3 years). Sorry, yes it really does take that long for an adult child.


Rene's got you covered on that one!

Ian

Noorah101

Maybe for a while, similar to a US PR status. But she can't remain a UK PR if she lives outside the UK for very long, and makes the USA her permanent home again. This is definitely something you'll want to research before moving to the USA.

Rene

ian-mstm

Respectfully, she is thinking short-term! Once she returns to the US, she will lose her PR status after 2 years. The only way to ensure that she can always go back and forth with no issues is to become a UKC... and you never know what will happen in the future. I can't tell you how many folks post here with major regrets that they didn't become a UKC when they had the chance!

Ian

Tracy_UK

Rules in Keeping ILR (Uk Permanite Residence)

Once you have been granted Indefinite Leave to Remain you should not spend more than two years outside of the UK at a time. Living outside of the UK for an extended period may result in your ILR being cancelled.

When you are away from the United Kingdom, you should maintain personal and financial ties to the UK. Staying in the UK for a short period of time each year for a number of years may also lead to ILR being withdrawn.

If she stays outside then she must go through the entire UK Immigration rigamole again. I chose to get the Dual Naturalisation myself because when we move back to the USA and my British hubby or myself does not like it there or gets homesick then we can return to the UK without any immigration control. As far as the test is concerned, it is quite easy and there is so much material out there that she can use to study for it, even online sample tests.

Becoming Dual makes it all worth it in the end after having to go though all the paperwork, expense to be in the UK in the first place. I couldn't bear to have to go through all the visas and paperwork again to return to the UK.

Also makes me proud to say that I'm American British. American by birth, British by choice, and PROUD of BOTH.

sir_eccles

And European.