family torn please advise

[wingsofangel 0]

Hello, first post. We are a family, I am the British wife of a USA citizen we have three children, under 11, two are mine and 1 together. We have been married for over 4 years and lived together in the UK for two, following redundancy my husband ( who was due to file indeffinate leave on 13th of April) had no choice but to get back to the USA, we are now torn apart, 1) can I file DCF on the back of our UK time to join him in USA? 2) Is our case different and I could go and join him? What's the best, quickest, cheapest route for us all to join him, he doesn't yet earn over $38,000 dollar's that seems to be required but we have friends who are willing to co/sponsor?. Thank you so much in advance. Very painful situation..

[blk 87]

Hello, first post. We are a family, I am the British wife of a USA citizen we have three children, under 11, two are mine and 1 together. We have been married for over 4 years and lived together in the UK for two, following redundancy my husband ( who was due to file indeffinate leave on 13th of April) had no choice but to get back to the USA, we are now torn apart, 1) can I file DCF on the back of our UK time to join him in USA? 2) Is our case different and I could go and join him? What's the best, quickest, cheapest route for us all to join him, he doesn't yet earn over $38,000 dollar's that seems to be required but we have friends who are willing to co/sponsor?. Thank you so much in advance. Very painful situation..

Hi & welcome, as far as I am aware now that your husband has returned to the US you cannot do a DCF as he has to be resident in the UK with you during the prosses, so he will have to file for a spouses visa from the US, the cosponsor part is OK as long as they meet the income requirements.

Brian

[NigeriaorBust 4,087]

There is no faster way than to file the I130 unless your spouse is still in the process of leaving the UK. he could have filed DCF before he left but he can't if he is already gone. You can visit but with a larger family that probably means him travelling rather than you and the kids.

[NikLR 13,227]

Hello, first post. We are a family, I am the British wife of a USA citizen we have three children, under 11, two are mine and 1 together. We have been married for over 4 years and lived together in the UK for two, following redundancy my husband ( who was due to file indeffinate leave on 13th of April) had no choice but to get back to the USA, we are now torn apart, 1) can I file DCF on the back of our UK time to join him in USA? 2) Is our case different and I could go and join him? What's the best, quickest, cheapest route for us all to join him, he doesn't yet earn over $38,000 dollar's that seems to be required but we have friends who are willing to co/sponsor?. Thank you so much in advance. Very painful situation..

1) Is your husband still in the UK? If not then No, you cannot file DCF

2) No your case isn't any different than anyone else. You can visit but you cannot move to the USA without a visa. There is not quick or cheap route. I suggest an IR1 and IR2 visas as then you and the children will have 10 year green cards upon arrival and will negate having to adjust your status with K3/K4.

Question; Does the one child you have together have their CRBA and/or US passport?

Your husband will need to petition you and your two children. If the child you have together is eligible you can obtain a CRBA and US passport (if you haven't already) or else your husband will have to petition that child as well. They will become a US citizen when they arrive in the USA.

Your husband needs, at minimum, to make or have enough assets to cover for $34887 to cover for a family of 5. If you get a joint sponsor they need to cover their family plus the immigrants.

[wingsofangel 0]

Thank you all for the advise and support, we will not give up :-)

[wingsofangel 0]

Does anyone know if you can use more than one co-sponsor? To make up the covering amount? Or can you for eg use a church body, business?

[Harpa Timsah 13,258]

Only one co-sponsor. A husband and wife can be considered one co-sponsor, but they must qualify on their own. You cannot add up a bunch of sponsors.

Why did he leave the UK instead of getting a new job or filing DCF really quick before leaving?

[wingsofangel 0]

Harps, we didn't want to anything illigal, he had a new job but was minimum wage, we also thought we had run out of time to apply for indeffinate and didn't have all the funds left after the redundancy, we can use someone else as support to his sponsor can we? Please

[aaron2020 11,651]

Only one co-sponsor. A husband and wife can be considered one co-sponsor, but they must qualify on their own. You cannot add up a bunch of sponsors.

Why did he leave the UK instead of getting a new job or filing DCF really quick before leaving?

Hi.

This is incorrect. There can be as many as three Joint Sponsors.

USC husband files three separate I-130s for his wife and two stepchildren. Each case can have a separate Joint Sponsor.

A JS has to make enough for his/her family and the intending immigrant. The JS does not need to cover everyone in the family.

Does anyone know if you can use more than one co-sponsor? To make up the covering amount? Or can you for eg use a church body, business?

A Joint Sponsor must be a person who is over 18 and is either a USC or LPR domiciled in the US.

A Joint Sponsor can not be an organization, church, or a business.

Edited April 8, 2014 by aaron2020

[NigeriaorBust 4,087]

Actually the max is two joint sponsors per family group Per travel.state.gov faq's

Is one joint sponsor allowed to sponsor only some of the applicants while the other applicants are sponsored by another joint sponsor on the same petition?

Yes, but only under certain circumstances. Two joint sponsors can be used per family unit applying to immigrate under the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsor’s Form I-864. Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements.

[aaron2020 11,651]

Actually the max is two joint sponsors per family group Per travel.state.gov faq's

Is one joint sponsor allowed to sponsor only some of the applicants while the other applicants are sponsored by another joint sponsor on the same petition?

Yes, but only under certain circumstances. Two joint sponsors can be used per family unit applying to immigrate under the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsors Form I-864. Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements.

It's max two Joint Sponsos when it's a family based on one I-130 petition.

Herer, there are three separate I-130s where each can have his/her own JS. Each case stands on its own.

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The rule is 1) one JS if only one beneficiary and 2) two JS max for multiple beneficiaries under the same I-130.

Edited April 8, 2014 by aaron2020

[Harpa Timsah 13,258]

Oh, yes, if there is multiple family members, then it is different.

OP: I just think you were hasty in having your husband go back to the US. I am not sure why he didn't get a new job. Maybe something to do with UK immigration. I am also not sure why you didn't file US immigration with the US embassy before he left; that way is much quicker and only available when the US petitioner is living in the UK.

He can file the petitions the normal way now; the sponsorship stuff isn't done until later.