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hlfldct

Working in the UK until green card is granted.

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My husband both live in the UK and I are intending to move back to his home: the US. We’re a bit confused about meeting the financial threshold. We both work in the UK and both earn good money. However the visa process takes so long, it feels premature to try and get a new job in the US, particularly as we have no idea when the start dates would be. Therefore we have no employer or anything in the US. Can he report his UK income when our I130 is approved and we move onto the next stage?

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Filed: K-1 Visa Country: Wales
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He can but he needs to show it will continue back in the US of A

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks for that - the thing is: it won’t. We’ll both have to get new jobs when we go to the US. Does that mean he essentially has no income in the eyes of the USCIS? We do have assets of well over $500,000 in UK property which could easily be sold if need be. I’ve read on here that that may not suffice though. 

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Filed: K-1 Visa Country: Wales
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1 minute ago, hlfldct said:

Thanks for that - the thing is: it won’t. We’ll both have to get new jobs when we go to the US. Does that mean he essentially has no income in the eyes of the USCIS? We do have assets of well over $500,000 in UK property which could easily be sold if need be. I’ve read on here that that may not suffice though. 

 

He can not sponsor you with a job he is going to leave.

 

Your best options would be a joint sponsor or he goes back first.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
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Filed: Citizen (apr) Country: Brazil
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4 minutes ago, hlfldct said:

Would they consider looking only at our assets?

Yes, but it depends on the specific assets and their liquidity.  Cash in the bank is best.  It will ultimately be up to the discretion of the immigration officer, at the visa interview.

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17 hours ago, hlfldct said:

My husband both live in the UK and I are intending to move back to his home: the US. We’re a bit confused about meeting the financial threshold. We both work in the UK and both earn good money. However the visa process takes so long, it feels premature to try and get a new job in the US, particularly as we have no idea when the start dates would be. Therefore we have no employer or anything in the US. Can he report his UK income when our I130 is approved and we move onto the next stage?

Me and my wife are in the same situation, both earning and living in the UK (At the time of first applying), but we are leaving our jobs once I've got my visa.

 

Sadly you are right in thinking the jobs you currently have are not suitable for sponsorship. You will need to find someone in the US who will be your joint sponsor. This can be anyone you know - family member, friend, colleague etc. We were lucky to have my partners aunt to sponsor us, but I have a friend who used an old colleague from when they worked at a Summer Camp.

 

Do you know of anyone over in the US who earns enough and who might be willing to submit financial information for you?

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17 hours ago, hlfldct said:

My husband both live in the UK and I are intending to move back to his home: the US. We’re a bit confused about meeting the financial threshold. We both work in the UK and both earn good money. However the visa process takes so long, it feels premature to try and get a new job in the US, particularly as we have no idea when the start dates would be. Therefore we have no employer or anything in the US. Can he report his UK income when our I130 is approved and we move onto the next stage?

Income is not an issue while the I130 petition is being processed.  It becomes an issue after the petition is approved, as foreign income that does not continue seamlessly after relocation to the US counts as (zero) income for purposes of the support affidavit

 

A USC expat has three choices to meet their support affidavit requirements

 

Precede their spouse to the US, start a job, use that income for the affidavit

Use assets - they need to be highly liquid, usually parked in the US, and easily convertible.  Rule is asset value has to be a minimum of 3X the income required for the support affidavit

Obtain a joint sponsor for the immigrant

 

 

Edited by iwannaplay54
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17 hours ago, hlfldct said:

Thanks for that - the thing is: it won’t. We’ll both have to get new jobs when we go to the US. Does that mean he essentially has no income in the eyes of the USCIS? We do have assets of well over $500,000 in UK property which could easily be sold if need be. I’ve read on here that that may not suffice though. 

Assets, if highly liquid, do suffice to meet support affidavit requirements

No matter how much he makes in the UK if he is not transferring to the US with the same company his UK income is considered (zero)

Edited by iwannaplay54
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4 hours ago, hlfldct said:

Would they consider looking only at our assets?

We could probably get a family member to sponsor us, but it would likely still remain below the poverty threshold. 

 

You'll probably be okay with your assets - the UK is one of the countries where assets are more easily accepted even in the form of property which has not sold yet. Do you have $500,000 in equity, or is that the value of the property in total?

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It’s about 500k in equity. And it’s in a decent area of London where property doesn’t stay on the market long. I guess that would help. 
Would it be worth getting sponsored by a family member anyway? It would probably be sponsorship by extended family (cousins… if that makes any difference). 
 

thanks for all your help by the way everyone. I had no idea this forum would be so active with helpful people! 

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Filed: K-1 Visa Country: Wales
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Not They have to be USC or LPR and resident in the US

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: China
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6 hours ago, hlfldct said:

Would they consider looking only at our assets?

We could probably get a family member to sponsor us, but it would likely still remain below the poverty threshold. 

Yes.  Read the I-864 instructions with attention to using assets, and specifically their definition of Liquid Assets and how they are documented.  You might want to consider selling any real estate so the assets are already liquid.  No need for a joint sponsor with half a million dollars in liquid assets.

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If you have any family, friends, etc in the US willing to be a joint sponsor, that is likely the path of least resistance.

 

Yes, your assets could probably get you by, but it’ll be a lot of hoops to get through. So it’s possible either way, as long as you follow the guidelines and instructions as closely as possible. Just easier with a joint sponsor if you can get one.

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