Tarnished

I'm hoping to get a fiancé visa to move to the US and marry my American partner, but I'm getting all sorts of stories about how difficult it is to get into US - including being told I won't get my visa because I'm autistic, because I'm long-term unemployed and because I have to claim benefits here in the UK.

My partner's first wife was from Russia and long-term unemployed too, but they went about immigration differently (married in Russia) so it's different.

In my case once in America my partner will be supporting me 100% - long-term plan is that I'll be his business partner in running his new pharmaceutical company, while at the same time he will be putting me through college so I can go back to working with disabled young adults while in the US. So it's not like I'm going to be a drain on US resources - I'm completely healthy, capable of working, will be fully supported, and have work lined-up.

Do I have anything to worry about?

Michael

As far as your work history and claiming benefits, that isn't even asked. I don't believe autism (almost 100% sure) is one of the illnesses that is considered to get a visa approved (normally communicable diseases, alcoholism, uncontrolled depressions, and a few others may hinder immigration).

The primary emphasis is whether the sponsor can support you.

Noorah101

US Immigration does not care about your financial status. They only care that the USC can meet the requirements of the Affidavits of Support (I-134 and I-864).

I don't believe autism is a medical issue which will lead to a denied visa.

As long as the USC earns above 125% of the poverty level as indicated on Form I-864P, or has 3x that amount in assets, you should be fine.

Rene

nun

The US protects the freedom of it's citizens to marry who they want and live in the US. Once you are married to a US citizen the application for a Green card is pretty straight forward without any of the mean spirited aspects of the current UK immigration policy for non-EEA spouses.

mikelincs

No, the US does require the USC to prove they can support the applicant, which is just what the UK is doing, requireing the UK citizen to prove they can support the applicant.

nun

The US requires support at the 125% of the federal poverty level and also allows a joint sponsor. So the income threshold is low and there are options if the US spouse cannot provide the required income.

The UK system is in place to reduce immigration and does not offer options to allow for the immigration of non-EEA spouses if the UK spouse cannot meet the fairly high income requirements.. The wording explaining the US attitude to the immigration of non-US citizen spouses is instructive

"To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States."

The current UK system is in place to limit immigration, NOT to promote family unity. that's why I describe the current law as mean spirited.