Validation of Spousal Visa application

[LaurenceJ123 1]

Hi all! Firstly, it's my first post so I may not be 100% accurate in my terminology and wording. However I have to say this site has given us so much detail and its great reading some peoples stories. We are somewhat experienced having already been through the spousal visa process for my wife to enter the UK 18 months ago (which was surprisingly easy) however we don't want to get ahead of ourselves and think we know it all, hence posting for any help we can get on the U.S. side. We have already spoken to an immigration lawyer however their fees ($300 a session) were going to amount to a lot.

About us - I was working in New York on an L1 Visa from May 2013, met my wife in October 2013 and we married in June 2014 in New York. Somewhat sudden but love has its ways. I am an English national and my wife a U.S. national from birth. We processed for her to have a UK Visa in August 2014 and in September 2014 (fast approval!) we moved back to the UK. We are a legitimit couple, we live together, travel together, share finances, have a dog! etc.

Fast forward to now and we plan to move back to the U.S. we've been married almost two years in a good relationship, I am a high earner in the UK and my wife makes a fair living too but we miss the U.S. life. We're not in a rush but were putting together the forms and we are a little stuck on exactly what we need. We are filling consular in the UK as we both live here and it's quicker, Our view is we need -

I-130 form

G325a x 2

All evidence, wedding certificates, affidavits from family and friends all notarised, photos of us and family, bank statement, holiday details, joint private medical etc

Wife's nationality proof plus passport copies of all pages, photos etc

Proof of accommodation when we get there (wifes parents house with letter notarised saying they own property etc and approval to stay)

Wife's tax return for 2015 to prove she earned over threshold for support

Proof we plan to relocate such as shipping quotes / closing leases / selling property etc

Filing fees to pay

What were not sure on is -

Do we need affidavit of support? I-864? Embassy details don't show that we do

Do we need to have anything else in terms of proof of earnings or proof where we will live when we get there? We're fortunate to hold a large amount of cash savings too if that helps and plan to buy property shortly after we arrive

I know my first post and sorry for length but wanted to give some context of our situation, we really appreciate any help. I really don't fancy spending $0000's on legal fees. We did the UK visa pretty easily so hopefully were quite good on the US side!

Happy Easter!

[dwheels76 5,468]

**Topic move to the DCF forum since this is a DCF case and questions are specific to DCF**

1. Do we need affidavit of support? I-864? Yes the petitioner needs to fill out a I-864. However because petitioner works overseas (foreign income) you will need to get a joint sponsor that meet the guidelines for their family plus you
2. Do we need to have anything else in terms of proof of earnings or proof where we will live when we get there? Petitioner has to have filed Income tax return for the last 3 years or explain reason why they weren't qualified.
3. We're fortunate to hold a large amount of cash savings too if that helps and plan to buy property shortly after we arrive. If you use assets to qualify you have to have 3 times the amount needed for your household size.

I know my first post and sorry for length but wanted to give some context of our situation, we really appreciate any help. I really don't fancy spending $0000's on legal fees. We did the UK visa pretty easily so hopefully were quite good on the US side!

[LaurenceJ123 1]

Hi dwheels thanks for your reply. We weren't advised I needed two sponsors, as my wife tax return was proof that she was earning and still showing commitment to the US by filing her US taxes. I thought that we could use assets to make up any difference in the poverty line income and we would hen only need to multiply the difference? I guess your point is that if we use solely assets then it's 3 times the difference which is full poverty line times 3?

[dwheels76 5,468]

Hi dwheels thanks for your reply. We weren't advised I needed two sponsors, as my wife tax return was proof that she was earning and still showing commitment to the US by filing her US taxes. I thought that we could use assets to make up any difference in the poverty line income and we would hen only need to multiply the difference? I guess your point is that if we use solely assets then it's 3 times the difference which is full povertyhttp://www.visajourney.com/forums/index.php?app=forums&module=post&section=post&do=reply_post&f=82&t=590379&qpid=8069475 line times 3?

our wife's job is it with a US company and this job will continue when she moves back to US? If not you would need a joint sponsor that meets the poverty guidelines unless you want to use assets. If ts just two of you the poverty guideline for 2 is $20,025. So assets alone means you need $60,075 sitting in the bank.

Also you need to include re-establishment of US Domicile. Here's a write up from the NVC process wiki on some things you need to gather and have as part of your package to present at embassy.

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

[LaurenceJ123 1]

No it won't continue with the same company and I am not going back to the U.S. with my existing company (we do have US offices but I've been there over 6 years and want to make a new move in my career)

We do fortunately have a high amount of $ available but would rather not use that as a way to get the visa, we feel it looks like we're throwing money at an approval.

We will look into joint sponsorship, her family are ok to do so. My wife also maintains some of her US accounts, credit cards, licenses etc so that should also help

Many thanks for your responses, hope yours works well

[gradtaai 8]

No it won't continue with the same company and I am not going back to the U.S. with my existing company (we do have US offices but I've been there over 6 years and want to make a new move in my career)

We do fortunately have a high amount of $ available but would rather not use that as a way to get the visa, we feel it looks like we're throwing money at an approval.

We will look into joint sponsorship, her family are ok to do so. My wife also maintains some of her US accounts, credit cards, licenses etc so that should also help

Many thanks for your responses, hope yours works well

Well, they like you to "throw money at an approval". You have to do the i-864 anyway. Much easier than getting a joint sponsor that will have to jump thru the same financial hoops as you.

[7Ken 15]

The I-864 affidavit of support is just that, an affidavit stating your financially secure enough to show your immigrant spouse won't end up in the US welfare system.

If in fact you "have a high amount of $ available" that's the purpose of the "assets" portion of the I-864 and makes it very simple. I can't see why you would want to go through the trouble of a joint sponsor, making someone else responsible for your immigrant spouse if your financially secure?

[awaywego 28]

If it helps: They're not asking you to give them any of that money, just to show there are funds sufficient to keep the beneficiary off of means-tested benefits. Using income, one must also show there are funds sufficient to keep the beneficiary off of means-tested benefits. Either way, someone somewhere has to show sufficient funds; they won't let you in if they think you'll hop onto welfare the second you're out of the airport.

You can check London's website and the VJ wiki for information on London's DCF requirements. (Each embassy/consulate that offers DCF differs on details.)

Your list of evidence of a bona fide marriage looks good. Since you live together, add, e.g., joint lease/deed or, if you don't have that, other evidence of shared address/residence. Also, many here will say not to bother with affidavits, as they are considered weak evidence, especially with the other items you have.

If you enter the US after your second anniversary, you will have an IR-1 visa instead of CR-1. This is not subject to the removal of conditions (ROC) in two years, which means less paperwork and fuss.