Affidavit of support

[kayley 0]

Can my husband be my sponsor for we move to USA? (will be applying for I-130 from UK)

We both live in the UK at the moment, he is a US citizen and I am a British citizen, he will be earning over the federal poverty guideline for a family of 3 once we move to Pennsylvania - my question is, will he still be able to sponsor me with him not currently living in the states or does it have to be someone living over there right now?

 

I am just deciding whether to go for a work visa (company are moving to US) or a family (spouse) visa.

 

Cost is not a problem, I just want to feel safe once moved.

 

Thanks!

[USS_Voyager 1,972]

10 minutes ago, kayley said:

Can my husband be my sponsor for we move to USA? (will be applying for I-130 from UK)

We both live in the UK at the moment, he is a US citizen and I am a British citizen, he will be earning over the federal poverty guideline for a family of 3 once we move to Pennsylvania - my question is, will he still be able to sponsor me with him not currently living in the states or does it have to be someone living over there right now?

The petitioner (your husband) will automatically be the sponsor, come hell or high water. If he doesn't have enough income, that's when a joint sponsor comes in.

 

The first problem you will have is that he will need to prove with documented evidence what he will earn in the US after he (and your family) moves back to the US. It can't be based on what he earned in the past, or what he earned in the UK, it has to be concrete evidence of his US income source after he comes back here such as an offer letter, paystubs, .... 

 

The second problem is domicile. He has to prove intent to domicile in the US. The surest way to that, is well, move back to the US, ahead of the family. You're doing the process DCF from UK, so it will be very very fast. The I-130 will be approved in the matter of days or weeks (vs the 8-10 months in the US) and next thing you will be off to an interview in London. What is typically done in your situation is he files the I-130, then move ahead to the US to establish domicile, find an apartment/ house to live, maybe start on the job and sort of getting everything prepared for the family to settle in. Yes, it will be a short separation, with emphasis on "short". There are families who are separated for many many years during the immigration process. 

 

Finally, yes, I would do the family instead of the work visa. The work visa will in 99% of the cases be tied to your specific employer. In other words, you will not have the freedom to work for a different employer without a lot of paperwork and hassles. Also, if you comes in with a work visa like an L1 or H1B, you will have to adjust status to a Lawful Permanent Resident anyway which cost more money and time. With the CRI/IR1, the moment you set foot on US soil, you automatically become a Lawful Permanent Resident. Your green card will be automatically mailed to you in a few weeks.

 

 

[SallySally 5]

On 7/16/2019 at 4:19 PM, USS_Voyager said:

The petitioner (your husband) will automatically be the sponsor, come hell or high water. If he doesn't have enough income, that's when a joint sponsor comes in.

 

The first problem you will have is that he will need to prove with documented evidence what he will earn in the US after he (and your family) moves back to the US. It can't be based on what he earned in the past, or what he earned in the UK, it has to be concrete evidence of his US income source after he comes back here such as an offer letter, paystubs, .... 

 

The second problem is domicile. He has to prove intent to domicile in the US. The surest way to that, is well, move back to the US, ahead of the family. You're doing the process DCF from UK, so it will be very very fast. The I-130 will be approved in the matter of days or weeks (vs the 8-10 months in the US) and next thing you will be off to an interview in London. What is typically done in your situation is he files the I-130, then move ahead to the US to establish domicile, find an apartment/ house to live, maybe start on the job and sort of getting everything prepared for the family to settle in. Yes, it will be a short separation, with emphasis on "short". There are families who are separated for many many years during the immigration process. 

 

Finally, yes, I would do the family instead of the work visa. The work visa will in 99% of the cases be tied to your specific employer. In other words, you will not have the freedom to work for a different employer without a lot of paperwork and hassles. Also, if you comes in with a work visa like an L1 or H1B, you will have to adjust status to a Lawful Permanent Resident anyway which cost more money and time. With the CRI/IR1, the moment you set foot on US soil, you automatically become a Lawful Permanent Resident. Your green card will be automatically mailed to you in a few weeks.

 

 

USS Voyager- Can you clarify something for me-  As the Petitioner and spouse I must fill out an Affidavit of Support (even though I do not meet the income requirements) and I should check the 1st box in section one stating I am the Petitioner and our Joint Sponsor will fill out a separate Affidavit of Support checking the Joint Sponsor box in section one. Is this correct?

[USS_Voyager 1,972]

3 minutes ago, SallySally said:

USS Voyager- Can you clarify something for me-  As the Petitioner and spouse I must fill out an Affidavit of Support (even though I do not meet the income requirements) and I should check the 1st box in section one stating I am the Petitioner and our Joint Sponsor will fill out a separate Affidavit of Support checking the Joint Sponsor box in section one. Is this correct?

Yes