K-1 Sponsor living in the UK

[Melanie_P 1]

Hello,

I am a US citizen who has been living with my fiancee in the UK for the past 5 years. We are hoping to move to the US with our two children (both 1) next year. I understand that I need to provide proof that I earn 125% of the federal poverty guidelines (family of 4 - $23,550 * 125% = $29,438). As I live/work in the UK, I understand that I can not count UK income on the I-134. However, I earn a pension (from my deceased mother) of $16k per year in the US.

Would I be ok submitting my tax returns as proof of the $16k per year currently earned in the US, plus savings/assets to cover the difference for 3 years ($15k *3 years = $45,000)? Or do they really require the difference of income earned * 5 in savings/assets in order to approve.

My immediate family would not meet co-sponsor requirements. I have friends who would meet the requirements, but my understanding is that generally co-sponsors who are not family would not be considered very helpful.

Thanks in advance for help/suggestions.

[lost_at_sea 995]

Hello,

I am a US citizen who has been living with my fiancee in the UK for the past 5 years. We are hoping to move to the US with our two children (both 1) next year. I understand that I need to provide proof that I earn 125% of the federal poverty guidelines (family of 4 - $23,550 * 125% = $29,438). As I live/work in the UK, I understand that I can not count UK income on the I-134. However, I earn a pension (from my deceased mother) of $16k per year in the US.

Would I be ok submitting my tax returns as proof of the $16k per year currently earned in the US, plus savings/assets to cover the difference for 3 years ($15k *3 years = $45,000)? Or do they really require the difference of income earned * 5 in savings/assets in order to approve.

My immediate family would not meet co-sponsor requirements. I have friends who would meet the requirements, but my understanding is that generally co-sponsors who are not family would not be considered very helpful.

Thanks in advance for help/suggestions.

Apologies if you're already seen it, but it was still on my clipboard from a different thread... This is the provided guidelines on affidavits of support: http://travel.state.gov/visa/immigrants/info/info_3183.html

I won't event attempt to run your numbers - someone better at it will do shortly, I'm sure. I was going to ask the other part though - do you/will you have residence (domicile) in the USA by the time of your family's visa interviews? You'll need that to be the only sponsor (or be able to show that you are becoming domiciled, at least). The URL I pasted explains this.

[Nich-Nick 3,354]

Hello,

I am a US citizen who has been living with my fiancee in the UK for the past 5 years. We are hoping to move to the US with our two children (both 1) next year. I understand that I need to provide proof that I earn 125% of the federal poverty guidelines (family of 4 - $23,550 * 125% = $29,438). As I live/work in the UK, I understand that I can not count UK income on the I-134. However, I earn a pension (from my deceased mother) of $16k per year in the US.

Would I be ok submitting my tax returns as proof of the $16k per year currently earned in the US, plus savings/assets to cover the difference for 3 years ($15k *3 years = $45,000)? Or do they really require the difference of income earned * 5 in savings/assets in order to approve.

My immediate family would not meet co-sponsor requirements. I have friends who would meet the requirements, but my understanding is that generally co-sponsors who are not family would not be considered very helpful.

Thanks in advance for help/suggestions.

Your quickest route and probably the most favorable is not the K1visa. If you marry now, your "husband" can get an IR1 spouse visa. Because you live in the UK, you do not have to file the I-130 in the US and wait months for petition approval, then wait more months for the case to process at the NVC, before eventually ending in London for an interview. You file the petition at the USCIS office housed at the embassy building in London. It is called DCF (Direct Consular Filing).They are approving those quickly. Then the case is shifted over to the Immigrant Visa Unit (in the same building) to do the actual visa process and interview. You will save months of waiting, it is less expensive than a K1, and he enters the US as a permanent resident fully able to work and get a driver license. As a fiancé on K1, he enters the US later than if you do the DCF, without those privileges and has to apply for permanent residency (greencard) and wait 5-6 more months or so.

If that appeals to you, then the money thing will be different slightly so not going to answer that part now.

[Melanie_P 1]

http://travel.state.gov/visa/immigrants/info/info_3183.html

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Hello,

This is exactly what is confusing me. If I am sponsoring my spouse and our children (they are not considered US citizen as they were born in UK via IVF). I don't understand if I need to prove assets to cover 3x or 5x the difference between my income and the poverty line for a family of four.

I think that I can prove that I am 'becoming' domiciled in the US. I am able to use family or friend's addresses for post and I am able to stay with family or friends after a move until I beign working. I still have US bank accounts and a US driving license.

Thanks again for your help.

[lost_at_sea 995]

http://travel.state.gov/visa/immigrants/info/info_3183.html

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Hello,

This is exactly what is confusing me. If I am sponsoring my spouse and our children (they are not considered US citizen as they were born in UK via IVF). I don't understand if I need to prove assets to cover 3x or 5x the difference between my income and the poverty line for a family of four.

I think that I can prove that I am 'becoming' domiciled in the US. I am able to use family or friend's addresses for post and I am able to stay with family or friends after a move until I beign working. I still have US bank accounts and a US driving license.

Thanks again for your help.

Ah, I wonder if it's the detail that on a K1 your partner won't immediately be your spouse (you're filing for an unmarried fiance). The K1 is a *non*immigrant visa, allowing you to legally marry in the US and then adjust the British partner's status inside of US borders within 90 days of entry.

I second Nich-Nick's advice. You should get married in the UK (or US, actually, doesn't matter *where* you marry) and do the DCF route (my husband and I are currently doing this). It's much faster and cheaper and then it should be true that you'll only be doing the 3x valuation, if I'm reading that accurately, as you'll be sponsoring your spouse.

Edited May 28, 2013 by lost_at_sea

[Melanie_P 1]

Your quickest route and probably the most favorable is not the K1visa. If you marry now, your "husband" can get an IR1 spouse visa. Because you live in the UK, you do not have to file the I-130 in the US and wait months for petition approval, then wait more months for the case to process at the NVC, before eventually ending in London for an interview. You file the petition at the USCIS office housed at the embassy building in London. It is called DCF (Direct Consular Filing).They are approving those quickly. Then the case is shifted over to the Immigrant Visa Unit (in the same building) to do the actual visa process and interview. You will save months of waiting, it is less expensive than a K1, and he enters the US as a permanent resident fully able to work and get a driver license. As a fiancé on K1, he enters the US later than if you do the DCF, without those privileges and has to apply for permanent residency (greencard) and wait 5-6 more months or so.

If that appeals to you, then the money thing will be different slightly so not going to answer that part now.

Hi Nich-Nick,

My partner and I are both women, so unfortunately this is not an option. I am preparing for the process based on the potential outcome of a supreme court case next month, which may allow same-sex partners to apply for fiance visas. We could marry in the US or Canada at present, but my understanding is that we would then have to file from within the country in which we were married. I don't think this would be ok for the US because we are not permitted to enter with the intent to marry. And moving to Canada to file and wait for processing would be...complicated.

Thanks for your help,

Melanie

[lost_at_sea 995]

Hi Nich-Nick,

My partner and I are both women, so unfortunately this is not an option. I am preparing for the process based on the potential outcome of a supreme court case next month, which may allow same-sex partners to apply for fiance visas. We could marry in the US or Canada at present, but my understanding is that we would then have to file from within the country in which we were married. I don't think this would be ok for the US because we are not permitted to enter with the intent to marry. And moving to Canada to file and wait for processing would be...complicated.

Thanks for your help,

Melanie

Do they not recognise even civil partnerships in the case of spousal visas? I'm sure you'd know if they did. If the ability to marry finally comes through in the UK here soon (which all signs are pointing to yes) that may mean the DCF route opens up for you.

Edited May 28, 2013 by lost_at_sea

[Melanie_P 1]

Do they not recognise even civil partnerships in the case of spousal visas? I'm sure you'd know if they did. If the ability to marry finally comes through in the UK here soon (which all signs are pointing to yes) that may mean the DCF route opens up for you.

Hello,

No, we have been registered civil partners for 5 years (which is how I obtained residency in the UK), but there is no similiar route to sponsor a civil partner/registered partner in the US.

However, it sounded as if we could marry in the US on a visit and then apply via DCF in the UK? I thought that marriage based visas had to be given in the country in which the marriage took place?

Again, I am ahead of myself as some very big legal changes need to take place before we can apply at all.

Thanks,

Melanie

[lost_at_sea 995]

Hello,

No, we have been registered civil partners for 5 years (which is how I obtained residency in the UK), but there is no similiar route to sponsor a civil partner/registered partner in the US.

However, it sounded as if we could marry in the US on a visit and then apply via DCF in the UK? I thought that marriage based visas had to be given in the country in which the marriage took place?

Again, I am ahead of myself as some very big legal changes need to take place before we can apply at all.

Thanks,

Melanie

I don't want to give you specific advice, because I have no idea if there are caveats for same-sex marriages, but in any other case - yes, you can marry where ever you like. The ability to do DCF is simply that you're living in the UK and have been for at least 6 months - folks often got married years before, in any part of the world - but one is a USC and finds themselves living in the UK and therefore the ability to file directly with the London Embassy opens up to them. You could ask them, I guess? There's a general enquiries email address I've used before and had a same-day response from: USCIS.London@uscis.dhs.gov

This is the DCF info: http://london.usembassy.gov/dhs/uscis/i130filing.html

Edited May 28, 2013 by lost_at_sea

[Melanie_P 1]

Your quickest route and probably the most favorable is not the K1visa. If you marry now, your "husband" can get an IR1 spouse visa. Because you live in the UK, you do not have to file the I-130 in the US and wait months for petition approval, then wait more months for the case to process at the NVC, before eventually ending in London for an interview. You file the petition at the USCIS office housed at the embassy building in London. It is called DCF (Direct Consular Filing).They are approving those quickly. Then the case is shifted over to the Immigrant Visa Unit (in the same building) to do the actual visa process and interview. You will save months of waiting, it is less expensive than a K1, and he enters the US as a permanent resident fully able to work and get a driver license. As a fiancé on K1, he enters the US later than if you do the DCF, without those privileges and has to apply for permanent residency (greencard) and wait 5-6 more months or so.

If that appeals to you, then the money thing will be different slightly so not going to answer that part now.

I don't want to give you specific advice, because I have no idea if there are caveats for same-sex marriages, but in any other case - yes, you can marry where ever you like. The ability to do DCF is simply that you're living in the UK and have been for at least 6 months - folks often got married years before, in any part of the world - but one is a USC and finds themselves living in the UK and therefore the ability to file directly with the London Embassy opens up to them. You could ask them, I guess? There's a general enquiries email address I've used before and had a same-day response from: USCIS.London@uscis.dhs.gov

This is the DCF info: http://london.usembassy.gov/dhs/uscis/i130filing.html

Thanks to both of you. This does sound like a quicker option and as though slightly less savings/assets need to be substantiated (3x rather than 5x the annual income difference). The option of my partner being able to work/drive immediately is also very beneficial. I will start looking at things from this angle and arrange a trip for marriage if it looks as though this will be possible.

If we were to apply via this option, do my figures below make sense to anyone?

I need to provide proof that I earn 125% of the federal poverty guidelines (family of 4 - $23,550 * 125% = $29,438). As I live/work in the UK, I understand that I can not count UK income on the I-134. However, I earn a pension (from my deceased mother) of $16k per year in the US. Would I be ok submitting my tax returns as proof of the $16k per year currently earned in the US, plus savings/assets to cover the difference for 3 years ($29,438 - $16,000 = $13,438 *3 years = $40,314)? I assume savings, investments, property in UK (value - outstanding mortgage) can be counted?

[Nich-Nick 3,354]

This is way over my head to know how civil partnerships or same sex marriages will be treated by the USCIS.

As it applies to current legal fiance's or spouses--

Fiancé visa--kids visas are derivative K2 of the parent visa. The Affidavit of Support is the I -134. It's easier to get approved, especially at interview in London. It is a subjective decision by the officer doing the interview. Fiancé visa generally only requires 100% of the poverty level of the USC is the sponsor. Other sponsors are allowed. More from London http://london.usembassy.gov/faffidavit.html

Marriage is in the US. Requires filing adjustment of status to permanent resident for each visa holder. That will have another Affidavit of Support, the I-864 which you have been studying.

Spouse visa-- Marriage can be anywhere. Each person is filed for separately. All the permanent resident stuff is processed at the NVC so upon admission to the US on the spouse visa, everybody is a permanent resident. In the instance of Direct Consular Filing, you skip the NVC and it is processed in London. DCF is a time shortcut you have the opportunity to choose.

The Affidavit of Support for the spouse visa is the I-864. It requires the USC sponsor to be resident (domiciled) but intent to domicile works. Here's a FAQ page from London that may add to your understanding of the I-864 as processed through London, instead of the NVC, when you do DCF. http://london.usembassy.gov/faqs-i864.html

If you the USC can sponsor on your own, then the $16k is valid as income. You will need to make up the shortfall with assets. For the spouse it is 3 x [shortfall]. For anybody else being a joint sponsor, it is 5 x [shortfall]. If the spouse doesn't make enough money, then the joint sponsor has to make enough on their own. You don't pool the money unless the joint sponsor is an immediate relative and you and joint sponsor live under the same roof. Anybody can be a joint sponsor. The kids can have different joint sponsors if one joint sponsor didn't make enough to cover their entire household size PLUS the immigrants. For example if your friend was a joint sponsor and had a family of four. That four plus your three makes a household size of 7 for the purpose of the poverty guideline chart.

Edit: sorry I was typing when you made that last post. This was not in response to it.

Edited May 28, 2013 by Nich-Nick

[aaron2020 11,651]

Civil unions are not marriages. Immigration laws do not allow civil union partners to petition each other.

As the OP has pointed out, she is waiting for DOMA to be ruled unconstitutional so she can petition her same-sex partner as a fiancée or possible spouse.

BE CAREFUL. The US Embassy will likely follow state marriage laws. If the petitioner is from a state that bans same-sex marriage, the US Embassy may not approve the petition. This may be very similar to cases of first-cousin marriages which are illegal in some states and legal in other states.

[Melanie_P 1]

Civil unions are not marriages. Immigration laws do not allow civil union partners to petition each other.

As the OP has pointed out, she is waiting for DOMA to be ruled unconstitutional so she can petition her same-sex partner as a fiancée or possible spouse.

BE CAREFUL. The US Embassy will likely follow state marriage laws. If the petitioner is from a state that bans same-sex marriage, the US Embassy may not approve the petition. This may be very similar to cases of first-cousin marriages which are illegal in some states and legal in other states.

Yes, understood. I am from New York. My US bank account still has a NY address and I would plan to marry/re-locate there (where same sex marriage is legal).

As you said, I am just trying to understand what the process would be in the event that section 3 of Doma is determined to be unconstitutional, so the process should be identical to any other marriage based visa process if the court rulstrikes down section 3.

This is a bit random, but I haven't been able to find the answer in any other threads. My UK born partner lived in the US for 18 months a work visa. Would we need to provide police certificates from the US in addition to the UK as part of any visa application process?

[lost_at_sea 995]

This is a bit random, but I haven't been able to find the answer in any other threads. My UK born partner lived in the US for 18 months a work visa. Would we need to provide police certificates from the US in addition to the UK as part of any visa application process?

No - you only have to have police certificates for countries other than the US, so she'll just need the UK one.

[Nich-Nick 3,354]

As you said, I am just trying to understand what the process would be in the event that section 3 of Doma is determined to be unconstitutional, so the process should be identical to any other marriage based visa process if the court rulstrikes down section 3.

That's what I was trying to summarize in my long post (#11) above. I hope it answered your financial questions.

This is a bit random, but I haven't been able to find the answer in any other threads. My UK born partner lived in the US for 18 months a work visa. Would we need to provide police certificates from the US in addition to the UK as part of any visa application process?

You can read what the embassy has to say here. Scroll down to police certificates. They speak of former residents of the US. http://london.usembassy.gov/application_documents.html