Starter questions from newbie

[Qilin 2]

Greetings!

I am a new member (U.S.-born citizen) looking for a place to start with my husband's (UK resident-citizen) immigration process. We married in NY this summer, and he is currently back in the UK while we make some decisions about where to settle.

I am posting this in the Family section for a reason -- please read on before directing me to the CR1-IR1 forum.

I had originally intended to move to the UK after my husband and I got married, but we are now leaning towards him coming here, as he has decided he would like us to be close to my family.

I have two major questions right now, to start this investigation process:

1. My parents are retired but financially very well off, and we would be living with them when my husband arrives in the States. Can they sponsor him instead of me? (They have offered.)

2. Is there any way we can apply for his visa while he is already here (as a visitor)?

Thanks for your help with these first questions. I look forward to being part of this community!

Cheers,

Lauren

[Kastrs 723]

Greetings!

I am a new member (U.S.-born citizen) looking for a place to start with my husband's (UK resident-citizen) immigration process. We married in NY this summer, and he is currently back in the UK while we make some decisions about where to settle.

I am posting this in the Family section for a reason -- please read on before directing me to the CR1-IR1 forum.

I had originally intended to move to the UK after my husband and I got married, but we are now leaning towards him coming here, as he has decided he would like us to be close to my family.

I have two major questions right now, to start this investigation process:

1. My parents are retired but financially very well off, and we would be living with them when my husband arrives in the States. Can they sponsor him instead of me? (They have offered.) If their taxable income is sufficient for your household size then yes. If they use assets, they will need to show 3x the poverty amount in liquid assets.

2. Is there any way we can apply for his visa while he is already here (as a visitor)?Yes you can start the Cr1 application process while he is here, although it would be faster for you to assemble everything and mail it off ASAP, he will still be able to visit you using the VWP while his visa paperwork is processing.

Thanks for your help with these first questions. I look forward to being part of this community!

Cheers,

Lauren

[mallafri76 1,012]

Hi and welcome to PTO.

You as the petitioner will always be the main sponsor. If you don't meet the federal poverty guidelines and need a joint sponsor, you can use your parents as the joint sponsor. If they want to use assets, these need to be three times the poverty guidelines for their household size.

No, your husband cannot enter the US as a visitor with the intent to immigrate/adjust status. You will need to file an I-130 petition and do the whole CR-1 visa before your husband can move over. It takes about a year, give or take a couple of months. Your husband will be able to come visit you during the process though.

[msrovers 1]

Greetings!

I am a new member (U.S.-born citizen) looking for a place to start with my husband's (UK resident-citizen) immigration process. We married in NY this summer, and he is currently back in the UK while we make some decisions about where to settle.

I am posting this in the Family section for a reason -- please read on before directing me to the CR1-IR1 forum.

I had originally intended to move to the UK after my husband and I got married, but we are now leaning towards him coming here, as he has decided he would like us to be close to my family.

I have two major questions right now, to start this investigation process:

1. My parents are retired but financially very well off, and we would be living with them when my husband arrives in the States. Can they sponsor him instead of me? (They have offered.)

2. Is there any way we can apply for his visa while he is already here (as a visitor)?

Thanks for your help with these first questions. I look forward to being part of this community!

Cheers,

Lauren

Hi Lauren,

Answer to your question 1. No, your parents cannot petition your husband as he is not their biological immediate family but they can co-sponsor you in petitioning your husband. You are his immediate family.

Refer to your question 2. I've known people that they do their petition here and adjust their status at the same time while on visitor visa but they hired an immigration lawyer. Some we're successful some had to be sent back to their home country for the interview.

My best bet would be do the CR1/IR1 process. It doesn't take that long as long as you have all the documents needed. It is less complicated and less headache.

Good luck.

[Qilin 2]

Hmmmm. Thanks, everyone, for your answers so far. There seems to be some differences of perspective, however. I hope you don't mind if I clarify.

So, the gist of the family sponsor situation seems to be that I do in fact have to apply as his primary sponsor, but can have my parents as co-sponsors.

This being the case, does it matter what my own income/job status is, as long as my parents can demonstrate the necessary means? Or do I have to meet the income requirements myself, even if they are co-sponsoring?

I ask because I have been unemployed for over two years (thus why we originally intended for me to move to the UK, as my husband has a long-term job). I am not currently living in NY, where my parents are, but will be moving back there soon and have a job lined up. The trouble is, I obviously will not have had a sufficient income/employment history to sponsor my husband independently. Thus my parents' offer to help.

[Edit: I had asked other questions here, but realize they belong on the CR1 forum}

Edited November 11, 2015 by Qilin

[Shauneg 762]

Hmmmm. Thanks, everyone, for your answers so far. There seems to be some differences of perspective, however. I hope you don't mind if I clarify.

So, the gist of the family sponsor situation seems to be that I do in fact have to apply as his primary sponsor, but can have my parents as co-sponsors.

This being the case, does it matter what my own income/job status is, as long as my parents can demonstrate the necessary means? Or do I have to meet the income requirements myself, even if they are co-sponsoring?

I ask because I have been unemployed for over two years (thus why we originally intended for me to move to the UK, as my husband has a long-term job). I am not currently living in NY, where my parents are, but will be moving back there soon and have a job lined up. The trouble is, I obviously will not have had a sufficient income/employment history to sponsor my husband independently. Thus my parents' offer to help.

[Edit: I had asked other questions here, but realize they belong on the CR1 forum}

I think people were confused on if you were asking if the parents can petition him over on a visa, or if you meant for financial purposes.

No you do not have to meet any income requirements if they will be the financial sponsor, you will still be the primary sponsor however.....they would be joint.

[aaron2020 11,651]

Greetings!

I am a new member (U.S.-born citizen) looking for a place to start with my husband's (UK resident-citizen) immigration process. We married in NY this summer, and he is currently back in the UK while we make some decisions about where to settle.

I am posting this in the Family section for a reason -- please read on before directing me to the CR1-IR1 forum.

I had originally intended to move to the UK after my husband and I got married, but we are now leaning towards him coming here, as he has decided he would like us to be close to my family.

I have two major questions right now, to start this investigation process:

1. My parents are retired but financially very well off, and we would be living with them when my husband arrives in the States. Can they sponsor him instead of me? (They have offered.)

2. Is there any way we can apply for his visa while he is already here (as a visitor)?

Thanks for your help with these first questions. I look forward to being part of this community!

Cheers,

Lauren

Hmmmm. Thanks, everyone, for your answers so far. There seems to be some differences of perspective, however. I hope you don't mind if I clarify.

So, the gist of the family sponsor situation seems to be that I do in fact have to apply as his primary sponsor, but can have my parents as co-sponsors.

This being the case, does it matter what my own income/job status is, as long as my parents can demonstrate the necessary means? Or do I have to meet the income requirements myself, even if they are co-sponsoring?

I ask because I have been unemployed for over two years (thus why we originally intended for me to move to the UK, as my husband has a long-term job). I am not currently living in NY, where my parents are, but will be moving back there soon and have a job lined up. The trouble is, I obviously will not have had a sufficient income/employment history to sponsor my husband independently. Thus my parents' offer to help.

[Edit: I had asked other questions here, but realize they belong on the CR1 forum}

Hi Lauren,

Welcome to the immigration game. Let's clarify a few things since you are confused.

There are many parts to getting your husband an immigration visa and eventually a green card.

Question 1.

First, you file the I-130 for a USC to petition a spouse; thus you are the Petitioner.

Later, you will need to file an I-864 Affidavit of Support; you are the primary Sponsor. Since you do not meet the financial requirements, you can have a Joint Sponsor who can meet the requirements. One of your parent can be the Joint Sponsor using his/her assets; filing his/her own I-864 for your husband. The other parent can file an I-864a to combine assets with the Joint Sponsor to meet the financial requirements.

Be careful how you label people. You will be the Petitioner/primary Sponsor. Your parent would be the Joint Sponsor. The other parent would be the Household Member of the Joint Sponsor.

Question 2.

There are two ways for your husband to get a green card.

Way 1. You file the CR1 for a spousal visa. A visa is four entering the US. During the processing, your husband does not have the right to live here. He can visit, but he must show that he intends to return to the UK. The VWP is not for immigration, it's for visiting.

Way 2. This is what you are alluding to. A person in the US can adjust status to get a green card and the person would not need a visa. A visa is only for entering the US. It's immigration fraud to enter the US on the VWP or a non-immigrant visa with the intent to stay and immigrate; tell CBP that one intend to immigrate by entering on the VWP or non-I visa and the person will be put back on the next plane home. One can not legally use the VWP or a non-I visa to enter the US with the intent to immigrate on that visit. It's a term of service violation on VisaJourney to assist you on this. Here is the TOS catch on VJ: we can not assist or instruct a person on how to commit fraud. However, if that person has already committed fraud and is in the US, we can help.

Best of luck

Edited November 11, 2015 by aaron2020

[Qilin 2]

Hi, Aaron.

Thanks for the fantastic answers! You helped a lot. I'll leave question #2 alone. I understand about the TOS. It should have occurred to me. Sorry.

As for question #1:

Later, you will need to file an I-864 Affidavit of Support; you are the primary Sponsor. Since you do not meet the financial requirements, you can have a Joint Sponsor who can meet the requirements. One of your parent can be the Joint Sponsor using his/her assets; filing his/her own I-864 for your husband. The other parent can file an I-864a to combine assets with the Joint Sponsor to meet the financial requirements.

Be careful how you label people. You will be the Petitioner/primary Sponsor. Your parent would be the Joint Sponsor. The other parent would be the Household Member of the Joint Sponsor.

My stepfather holds all of the assets. He's a recently retired physician -- my mother hasn't worked in over twenty years, and I believe everything is in my stepfather's name. She has no assets of her own to add to the mix.

Will it matter that the co-sponsor is a stepfather rather than a biological or adoptive father?

[aaron2020 11,651]

Hi, Aaron.

Thanks for the fantastic answers! You helped a lot. I'll leave question #2 alone. I understand about the TOS. It should have occurred to me. Sorry.

As for question #1:

Later, you will need to file an I-864 Affidavit of Support; you are the primary Sponsor. Since you do not meet the financial requirements, you can have a Joint Sponsor who can meet the requirements. One of your parent can be the Joint Sponsor using his/her assets; filing his/her own I-864 for your husband. The other parent can file an I-864a to combine assets with the Joint Sponsor to meet the financial requirements.

Be careful how you label people. You will be the Petitioner/primary Sponsor. Your parent would be the Joint Sponsor. The other parent would be the Household Member of the Joint Sponsor.

My stepfather holds all of the assets. He's a recently retired physician -- my mother hasn't worked in over twenty years, and I believe everything is in my stepfather's name. She has no assets of her own to add to the mix.

Will it matter that the co-sponsor is a stepfather rather than a biological or adoptive father?

Labels matter.

Your stepfather would be a fantastic JOINT SPONSOR. A JS does not need to be related to anyone - just needs to be a USC or LPR, and be over 18.

(No such thing as a co-sponsor.)

[Qilin 2]

Labels matter.

Your stepfather would be a fantastic JOINT SPONSOR. A JS does not need to be related to anyone - just needs to be a USC or LPR, and be over 18.

(No such thing as a co-sponsor.)

Thank you. I'll be sure to start using the right terminology!

It looks like you've answered my next question, but I'm checking just in case. Does the Joint Sponsor have to live in the same household as the Sponsor?

I ask because of this passage from this document on the USCIS website:

I filed the I-130 immigrant petition for my relative, but I do not meet the minimum income requirement. Can anyone else be a financial sponsor?

If you do not meet the financial qualifications, the income of certain other household members can be added to your income level if they sign a contract on Form I-864A, Affidavit of Support Contract Between Sponsor and Household Member, agreeing to make their income or assets available for the support of the relative applying for permanent residence.

[aaron2020 11,651]

Thank you. I'll be sure to start using the right terminology!

It looks like you've answered my next question, but I'm checking just in case. Does the Joint Sponsor have to live in the same household as the Sponsor? No. The Sponsor and the Joint Sponsor do not have to live in the same household.

I ask because of this passage from this document on the USCIS website:

I filed the I-130 immigrant petition for my relative, but I do not meet the minimum income requirement. Can anyone else be a financial sponsor?

If you do not meet the financial qualifications, the income of certain other household members can be added to your income level if they sign a contract on Form I-864A, Affidavit of Support Contract Between Sponsor and Household Member, agreeing to make their income or assets available for the support of the relative applying for permanent residence. Once again, labels matter. Petitioner/primary Sponsor. Joint Sponsor. Household Member. Refer to my earlier post. A JS is not a HM. This does not say combining income between a Sponsor and a Joint Sponsor. It states between Sponsor and Household Member.

Edited November 12, 2015 by aaron2020

[kiandi 1]

Hi Qilin!

I've noticed that I am in the same situation as you and hope you don't mind me following your topic!

So, I was wondering if you and your spouse started the process yet. Have you file the I-130 yet?