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What could go wrong?

What could go wrong?

Old Feb 19th 2009, 2:06 pm
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Default What could go wrong?

Hi everyone

I was born in the US and have a US passport and SSN though I have lived in the UK nearly all of my life. I have been married for nearly 2 years and me and my wife want to move to the US.

I am fortunate in that I am a US Citizen so will be applying with a I-130 form for my wife. I am just wondering does anyone know what type of problems we may encounter through the visa process. I was thinking it seems striaght forward since I am a US citizen but was wondering can they base their decision on things such as present income, qualifications at present, what type of jobs we could find etc. I am currently on quite a low income with just basic GCSE qualifications so should I be worried about this?

Thanks for your time
Johnny
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Old Feb 19th 2009, 2:24 pm
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Default Re: What could go wrong?

I'm not as familiar with filing the I-130 from the UK, but i'm pretty sure you will have to provide information about your income using form I-864. You will be the main sponsor for your wife, but usually you can use a joint sponsor (who is also a USC) to meet the financial requirements of the application. There are also some other things you may need to consider, such as your history (if any) of tax filing in the US.

Someone else should have more info on your particular situation.

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Old Feb 19th 2009, 2:34 pm
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Default Re: What could go wrong?

The visa application should not be a problem for you to file and its approval should not be a problem for your wife to obtain.

Some of the issues you will have might be the inability to financially sponsor your wife for the spousal visa. Do you have any assets in the UK that will meet the requirements? Do you have friends or family in the US who might be willing to be financial co-sponsor for your wife? Do you have a place to live in the US? Have you made inroads in showing that you are making the US your principal place of residency? They will not deny your wife a visa due to your lack of a higher education nor will you ability/inability to find employment above the poverty guidelines be a consideration. The only financial issue is that your wife will not become a public charge and that is why there is a need for an I-864 Affidavit of Support which must be submitted and approved.

As for life here in the US for you, it is not going to be easy financially unless you have a great deal of savings in your bank account. You might need to purchase healthcare insurance for your wife for the at minimum 90 days to satisfy the US Consulate's seemingly new requirement. This could cost upwards to $500 a month.

Since you do not hold an advanced education degree and might be a blue collar worker and a lower echleon white collar worker, you must know that the workforce in the US is being downsized nationwide. Our unemployment rate in all ranges of employment is rising daily and will soon be in the double digits. The trickle down effect of the newly signed stimulus package will not be felt by the general masses for at least 12 to 18 months.

Where you settle, the cost of living in that area, the type of employment you are seeking will determine who you will live in the US but it is not a contingent to the US Consulate approving your wife's visa.

PS: Have you filed your last three years of US federal income tax?
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Old Feb 19th 2009, 2:43 pm
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Default Re: What could go wrong?

Originally Posted by viewtheland View Post
Hi everyone

I was born in the US and have a US passport and SSN though I have lived in the UK nearly all of my life. I have been married for nearly 2 years and me and my wife want to move to the US.

I am fortunate in that I am a US Citizen so will be applying with a I-130 form for my wife. I am just wondering does anyone know what type of problems we may encounter through the visa process. I was thinking it seems striaght forward since I am a US citizen but was wondering can they base their decision on things such as present income, qualifications at present, what type of jobs we could find etc. I am currently on quite a low income with just basic GCSE qualifications so should I be worried about this?

Thanks for your time
Johnny
Hi Johnny, welcome to BE.

You can file the I-130 directly in London, which is a plus, since it's fairly easy, straightforward, and the process is only about 5 months long (as opposed to 8 - 10 months when filing in the USA).

However, you will have to do some research on the following items:

1. I-864 Affidavit of Support. If you use income, it must be either US-based or continue from the same source once you move over to the USA. This doesn't sound like your scenario. You can use assets, if they equal enough financially, but London is getting picky about using your primary residence as an asset. You may need a joint sponsor (joint sponsor must be a USC or PR, age 18 or over, living in the USA).

2. Tax Returns. As a USC, you are required to file a US tax return each year. You probably don't have to PAY tax, but you are required to file. You probably didn't know this, since you've lived in the UK since childhood. The US Embassy in London has an IRS Department which is very helpful for people in your situation. You should file at least the most current tax return (for 2008) plus the previous two years (2007 and 2006). You will need these for the I-864.

3. Intent to Domicile in the USA. Since you've lived outside the USA for so long, you will have to demonstrate your intent to domicile in the USA. Do a search on the forum for this term, there are plenty of people in your situation who have posted on that.

Best Wishes,
Rene

Last edited by Noorah101; Feb 19th 2009 at 2:45 pm.
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Old Feb 19th 2009, 3:38 pm
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Default Re: What could go wrong?

TEB,

He will be THE Sponsor. (Use of the unnecessary adjective "main" can possibly cause misconceptions.)

A Joint Sponsor does not need to be a USC.

Regards, JEff


Originally Posted by The_English_Bride View Post
You will be the main sponsor for your wife, but usually you can use a joint sponsor (who is also a USC) to meet the financial requirements of the application.
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Old Feb 19th 2009, 4:11 pm
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Default Re: What could go wrong?

Thanks for your replies so quickly. There is a lot to look into which I will. We do not have any large assets such as a house as we are both 22 and currently rent. We have been considering Florida as a place to move to.

I have had a look at the I-864 Affidavit of Support. At what stage of the process does this form need to be looked at? After the I-130 is accepted?

Do you know if that is based on our current income/ assests in the UK or what we are likely to earn in the US?

What are the current poverty guidelines? eg. is it a single amount/ figure that a household recieves per year? Could I find that amount out?

'(joint sponsor must be a USC or PR,'.......... What does PR mean? I don't know any usc who could be a joint sponser.

Jeff are you saying my parents could joint sponser us even though they aren't in the US or from the US. I presume if we had enough savings we would not need a joint sponser?
I didn't realise I had to file tax returns but I will look into that so that should be ok, hopefully.

I've just read I can only sponser my wife if I show intent to domicile in the US. Would I be right in saying that I will need to fill in the I-130 first and then look for a job, home to rent nearer the time of moving? Or how do they expect you to do this and at what stage?

We would try to get any job that would keep us going until we could aquire certain qualifications in the US. My wife has completed courses in Pharmacy here but they have no use in the US.

Thanks again
Johnny
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Old Feb 19th 2009, 4:22 pm
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Default Re: What could go wrong?

A PR is a permanent resident. If your parents are living in the UK, they cannot be your wife's financial sponsor. The sponsor must be either a US Citizen and/or permanent resident living in the US.

The I-864 must be taken to the interview and you can use UK assets or if you have a job lined up in the US a letter from said employer stating the type of employment and annual salary. The amount is before taxes and for a family of 2 it would be just under $18,000 per annum.

Put www.uscis.gov down in your favorites. You will be using it a lot. The poverty guidelines are listed on the USCIS site and believe it is form I-864P. You must have the amount of the poverty guideline for a family your size (here it is 2 for you) plus 25% of that figure on top for a total of 125%.

PS Forget Florida. It is a wasteland at the moment for employment. I do hope you have not bought into the hype about Florida being a Paradise. It is very far from that.
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Old Feb 19th 2009, 4:22 pm
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Default Re: What could go wrong?

Originally Posted by viewtheland View Post
I've just read I can only sponser my wife if I show intent to domicile in the US. Would I be right in saying that I will need to fill in the I-130 first and then look for a job, home to rent nearer the time of moving? Or how do they expect you to do this and at what stage?
hi Johnny, have a read of the first link in my signature. It explains how you petition overseas and get the visa application going for your spouse. Also the timing of these items you're asking about, and some tips for how to do all this from outside the US.
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Old Feb 19th 2009, 4:29 pm
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Default Re: What could go wrong?

Johnny,

For the income guidelines (poverty levels), go to www.uscis.gov, Immigration Forms, and look at form I-864P. Look at the 125% column for a family your size (just 2, if you have no kids).

If you want to use savings as an assets, the amount of savings must be 3x the amount you would have needed in income. For example, if you need to show $17,500 in income, you would need to show $52,500 in savings.

If you don't know anyone in the USA who can be a joint sponsor, you might have to move over to the USA ahead of time, secure a job, and show that you are earning the correct income for the I-864.

Rene
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Old Feb 19th 2009, 4:32 pm
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Default Re: What could go wrong?

Originally Posted by jeffreyhy View Post
TEB,

He will be THE Sponsor. (Use of the unnecessary adjective "main" can possibly cause misconceptions.)

A Joint Sponsor does not need to be a USC.

Regards, JEff
Yes, sorry, a joint sponsor can be a PR also.
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Old Feb 19th 2009, 4:39 pm
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Default Re: What could go wrong?

Originally Posted by The_English_Bride View Post
Yes, sorry, a joint sponsor can be a PR also.
And just to be tidy, a Sponsor of any flavor *must* be domiciled in the US to qualify to file I-864.
(OP is a dual & parents might be as well)
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Old Feb 19th 2009, 4:46 pm
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Default Re: What could go wrong?

Originally Posted by meauxna View Post
And just to be tidy, a Sponsor of any flavor *must* be domiciled in the US to qualify to file I-864.
(OP is a dual & parents might be as well)
Good call!
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Old Feb 19th 2009, 4:54 pm
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Default Re: What could go wrong?

Thanks again for everyones input. I will look into all this info. If not Florida, where would you recommend. We are very open at the minute. Have had a look at city-data but on the forums everywere is a dump but I'm sure that's not the case.lol

Thanks
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Old Feb 19th 2009, 5:10 pm
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Default Re: What could go wrong?

Originally Posted by viewtheland View Post
Thanks again for everyones input. I will look into all this info. If not Florida, where would you recommend. We are very open at the minute. Have had a look at city-data but on the forums everywere is a dump but I'm sure that's not the case.lol

Thanks

Hello,

I am originally from New Jersey but have lived in London for the past 8 1/2 years. I am in the middle of the visa process so my Polish husband and I can move to the States. I am opting for Florida... sunshine and very reasonably priced property and relatively low property tax. What exactly are you looking for in terms of where to live? (i.e. weather, prices, school system,entertainment etc...?

Last edited by ChelleyP; Feb 19th 2009 at 5:10 pm. Reason: x
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Old Feb 19th 2009, 5:20 pm
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Default Re: What could go wrong?

We are looking for a better climate, ok cost of living, more to do than what northern ireland has to offer, somewhere safe to bring up a family. We travelled around florida in Sept and liked it. The USA is so big it's hard to know where to start. All the best with your plans too
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