Just getting started as visa sponsor - need some guidance!

[mk303 0]

Hello, I'm new to this forum - I'm a US Citizen residing in the US, married to a UK Citizen living abroad. Our wedding was in September, and until our marriage the plan had been for me to join him in England. Unfortunately due to some unforeseen things like Brexit and personal health troubles, we decided having me stay in the US and have him come to me would be much better for now. I've spent the last week trying to sort through all of the requirements, because the US process is of course significantly different than the UK.

What is the difference between the K3 & CR1? Which would allow him to come live here sooner, even if he's not able to work yet? (I was sincerely hoping to have him move Feb/March if at all possible.)

DH is a skilled worker, can that help speed things up at all? (Senior software engineer)

Financial requirements - I was recently laid off from my job. My annual income is still more than 2x the poverty level for 2, but my weekly income is unemployment currently. He has more assets than the poverty level. Can his savings also be used, or do I need a new job before we can start the process? (Interviewing, but of course it takes time.)

Thank you for any help! it's been a pretty overwhelming few weeks.

[NikLR 13,232]

K3 is obsolete. Rarely granted and an inferior visa to the CR1. They take about the same amount of time and the K3 costs twice as much.

There is almost a zero chance of your spouse coming to the USA by Feb/March. CR1 take about a year. If you are unemployed then your current income is 0 so your annual income will also be 0. (Current annual income requires employment.)

London does allow for self sponsor with savings, or you can find a joint sponsor. You have probably about 6-8 months to get a new job, figure out savings, or get a joint sponsor.

Edited November 12, 2016 by NikLR

[mk303 0]

Are there any short term visas that can be used while processing the CR1, or does the applicant have to reside outside of the country the entire time it is being processed? Living a full year without my husband when I need physical support more than anything is really not ok. Is there any clause that allows them to join a spouse to help with activities of daily life? (I have a disability that interferes with them often, I can still work, but with accommodations.) Sorry to have so many questions - I am sure a consult with a lawyer is in the near future, but I wanted to try resources here first because I know sometimes people can be quite helpful and knowledgeable. Thanks!

[EM_Vandaveer 2,417]

He can visit you on VWP for 90 days at a time while the spousal visa is processing. He has to go back to the UK and spend more than 90 days there in order to be able to come back for another visit.

[caliliving 606]

You don't need a lawyer... people here can give you better info then a lawyer.

You will apply for a cr1 and it takes a yearl... the spouse ca. Is it 90 days on Vwp and then must leave for 91+ days.

Truth is, ,out people do this process apart.. u can love here in feb and find a place and assuming u apply by dec 1, you only have to spend 9 months apart, and the spouse can visit yin at least 3 of them.

Moving here means you have to spend time apart. Good think is it isn't as bad as others and as soon as unruly spouse is here he can wor.

[NikLR 13,232]

As stated he can visit but he cant live in the USA. I would always make sure to book flights before day 89 too just because there may be delays.

You can ask for an expedite based on medical grounds but if you've lived on your own this long, I'm not sure the USCIS will think you need an expedite.

[Boiler 46,031]

K3 is obsolete. Rarely granted and an inferior visa to the CR1. They take about the same amount of time and the K3 costs twice as much.

There is almost a zero chance of your spouse coming to the USA by Feb/March. CR1 take about a year. If you are unemployed then your current income is 0 so your annual income will also be 0. (Current annual income requires employment.)

London does allow for self sponsor with savings, or you can find a joint sponsor. You have probably about 6-8 months to get a new job, figure out savings, or get a joint sponsor.

Self sponsorship is for the I 134 not I 864

She can use a joint sponsor.

[NikLR 13,232]

Married couple can combine savings.

[JFH 12,191]

Living a full year without my husband when I need physical support more than anything is really not ok.

Welcome to our world! Marrying someone from another continent means that someone will have to make a big move, a visa process will have to be followed and there will be time spent apart. Your husband can visit you during the process and you can visit him (subject to the usual rules and regulations for tourist visits). Us VWP countryfolk have it easier with regards to visits. Those who do not have that luxury often spend more than a year apart.

I don't know why our departure from the EU (which won't be for at least another 2 years) means it's better to do things this way but each to their own. For what it's worth, a spousal visa for the U.K. is currently taking around 12 weeks. Since he has a good and stable job here and you are unemployed, plus it's quicker, you might want to re-consider a move to the UK. The process to get him into the USA is going to take about a year. Take a look at my timeline - we are almost at the end of the process and I'm also in the U.K. so my timeline will give you a good idea of the processing times.

[mk303 0]

You can ask for an expedite based on medical grounds but if you've lived on your own this long, I'm not sure the USCIS will think you need an expedite.

I could include letters from my doctors because my condition has been deteriorating (it's a degenerative genetic disease, I'll never get better - only worse/the same). Are there any specific forms needed to ask for it to be expedited?

We talked through this today and still feel like him joining me in the US, even if we have a lengthy wait, will be the best for us due to a number of things (it's much more than just Brexit, but that was the final nail in the coffin for me moving to the UK right now).

I found this guide for the process: http://www.visajourney.com/content/i130guide1 which is very helpful, and it looks fairly straight forward. Will I need to wait until I have a job to submit the I130?

And for the bonafide marriage evidence, is there an overview of what should be included? I know for the UK visas there are very specific things they want to see (ongoing chat logs, photos together from trips, boarding passes). We don't have children or property, so it will need to be affidavits or other evidence.

[NikLR 13,232]

No you can deal with the I-864 when you come to it. Either with savings, employment, or a joint sponsor.

In here is a basic overview with a big list at the bottom of evidence of a genuine relationship: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

You likely would need letters from your doctors and specialists describing your condition, it's prognosis, and why you need help. If you couldn't work and couldn't afford help it might actually help your case, but if you can work they may ask why you can't hire someone to help you? Catch 22.