USC with U.K. spouse wanting to return to US but feeling very lost

[MaegZ0322 18]

Hi, I’m new and just registered here in hopes of help.  I am a USC with settled status here in the U.K.  My husband is a British citizen.  We have been married for 20 years.  Between 2003 and 2007 my husband was living and working in the US but we moved to the U.K. in 2007 because his parents could no longer travel.  We have lived here since and I have not worked at all as I was raising our children.  
 

A year ago we were put into a position to move in with my father in law after his wife died.  He is a psychopath and confessed to raping a child in the 50’s.  Although the police are still investigating they have said he won’t go to prison.  This triggered a memory of my husband being sexually abused as a child.  Police have involved social services here and FIL has told them he wants to kick us out so he can go to a care home.  Despite all that has come out, we still provided his care.  He has been verbally abusive to us and our children, we have biometric locks on our doors.  As the rents have gone up so much we are struggling to find anything that is at our affordability.  So we have decided to move back to the states.  I’m still in shock over being kicked out by family and I can’t seem to wrap my head around getting back home. 
 

My mom has offered to sponsor but is just below the minimum requirements.  She does have a house that would meet the requirements.  We would be living with her until we sort out husband working.  It is just her in the house and only one application.  Would that work as his sponsor? Would I have to be main sponsor even though I don’t work here in the U.K.?  
 

Where do we start?  I feel so silly for asking but between the tears and trying to read it all, I can’t concentrate enough so I am very sorry for that.  
 

I take it my husband has to have a green card before he can work, if so, do we apply for that at the same time and is there an estimate of when he might get his green card?  It may be I have to go back to work and he stays with our children if need be.  When he moved to the states in 2003 his green card came so quickly but that was so long ago.
 

Thank you so much for reading this. I know it’s quite long but that is our background.  Just want to feel some hope in a very difficult situation.  
 

m thank you

[beloved_dingo 1,976]

So sorry to hear about the awful situation with the FIL.

 

Does your husband still have his old green card? Did he ever formally relinquish it? And when did it expire? 

 

Has he been back in the U.S. at all since 2007?

[MaegZ0322 18]

Hi, thank you so much for replying.  He no longer has his green card.  At the time, he was instructed to hand it over or destroy it.  I think he had about a year on it.  
 

he has not been back to the us since.  Only I have gone back a few crimes simply due to costs.  

[Boiler 45,467]

You start by filing the I 130, you can follow the guides and it is a fairly simple process.

 

Your Mother's house is that an old investment property or where she lives.

 

Have you filed taxes?

 

Nothing much has changed since you did it before. Well takes longer.

[beloved_dingo 1,976]

1 hour ago, MaegZ0322 said:

Hi, thank you so much for replying.  He no longer has his green card.  At the time, he was instructed to hand it over or destroy it.  I think he had about a year on it.  
 

he has not been back to the us since.  Only I have gone back a few crimes simply due to costs.  

Understood. Then @Boiler's response to file the I-130 is correct. 

Re: your questions about the sponsor situation - you would be the primary sponsor even if you do not have income. Your mother could be the joint sponsor. There is also a possibility of using assets to qualify. You going back first to get a job with high enough income to qualify is also an option. 

[MaegZ0322 18]

49 minutes ago, Boiler said:

You start by filing the I 130, you can follow the guides and it is a fairly simple process.

 

Your Mother's house is that an old investment property or where she lives.

 

Have you filed taxes?

 

Nothing much has changed since you did it before. Well takes longer.

I haven’t filed taxes since I left as I haven’t worked. 
 

the house is where she lives

 

thank you so much

[Boiler 45,467]

Just now, MaegZ0322 said:

I haven’t filed taxes since I left as I haven’t worked. 
 

the house is where she lives

 

thank you so much

I think it is easier to file with zero income than explain you do not need to, others may disagree.

 

Your Mother can not use her house so someone else or you need to go back early.

 

[MaegZ0322 18]

24 minutes ago, beloved_dingo said:

Understood. Then @Boiler's response to file the I-130 is correct. 

Re: your questions about the sponsor situation - you would be the primary sponsor even if you do not have income. Your mother could be the joint sponsor. There is also a possibility of using assets to qualify. You going back first to get a job with high enough income to qualify is also an option. 

If I’m the primary sponsor does that mean I have to put my household count for myself and our 3 children? My oldest is 18.  
 

Thank you for helping.

[MaegZ0322 18]

2 minutes ago, Boiler said:

I think it is easier to file with zero income than explain you do not need to, others may disagree.

 

Your Mother can not use her house so someone else or you need to go back early.

 

Ok thank you, I must have read that wrong but I’m really struggling at the moment with concentrating. So is it her income and savings she could use?  
 

im also trying to figure out if I’m the main sponsor even thoug I don’t work, do I have to count our 3 children?  I have asked above as well.  If she doesn’t have enough in savings, could we possibly get another person to sponsor in addition to my mom?  
 

thanks again

[Boiler 45,467]

You are always the main sponsor, if you are looking at it from your perspective you have a family of 5 from your mother's perspective I assume it will be her and your husband.

[SalishSea 17,818]

4 hours ago, MaegZ0322 said:

Hi, I’m new and just registered here in hopes of help.  I am a USC with settled status here in the U.K.  My husband is a British citizen.  We have been married for 20 years.  Between 2003 and 2007 my husband was living and working in the US but we moved to the U.K. in 2007 because his parents could no longer travel.  We have lived here since and I have not worked at all as I was raising our children.  
 

A year ago we were put into a position to move in with my father in law after his wife died.  He is a psychopath and confessed to raping a child in the 50’s.  Although the police are still investigating they have said he won’t go to prison.  This triggered a memory of my husband being sexually abused as a child.  Police have involved social services here and FIL has told them he wants to kick us out so he can go to a care home.  Despite all that has come out, we still provided his care.  He has been verbally abusive to us and our children, we have biometric locks on our doors.  As the rents have gone up so much we are struggling to find anything that is at our affordability.  So we have decided to move back to the states.  I’m still in shock over being kicked out by family and I can’t seem to wrap my head around getting back home. 
 

My mom has offered to sponsor but is just below the minimum requirements.  She does have a house that would meet the requirements.  We would be living with her until we sort out husband working.  It is just her in the house and only one application.  Would that work as his sponsor? Would I have to be main sponsor even though I don’t work here in the U.K.?  
 

Where do we start?  I feel so silly for asking but between the tears and trying to read it all, I can’t concentrate enough so I am very sorry for that.  
 

I take it my husband has to have a green card before he can work, if so, do we apply for that at the same time and is there an estimate of when he might get his green card?  It may be I have to go back to work and he stays with our children if need be.  When he moved to the states in 2003 his green card came so quickly but that was so long ago.
 

Thank you so much for reading this. I know it’s quite long but that is our background.  Just want to feel some hope in a very difficult situation.  
 

m thank you

You've come to the right place.  I am so sorry to hear what you're going through at the moment, sending hugs <3.

 

[Redro 4,611]

4 hours ago, MaegZ0322 said:

If I’m the primary sponsor does that mean I have to put my household count for myself and our 3 children? My oldest is 18.  
 

Thank you for helping.

You will have to put all family members on your i864… your mother just has to sponsor your husband- but if she has dependents she would have to include them as members of her household. 
just checking- are all of your children US citizens with passports? 

[JeanneAdil 6,491]

USC needs to come to US and establish US residency 

you will be petitioner for spouse and any children and will file the I 864 so getting here and finding work is important/then your mom could be joint sponsor

 

as this is what USCIS says

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

 

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos9

[SteveInBostonI130 3,434]

First, are your children USC?  Did you apply CRBA for them?

 

Second, it starts fresh again with the I-130.  You have time to sort out finances and line up sponsors because the I-864 will not be required until after the I-130 is approved.

 

You cannot DCF based on what you stated. 

 

[carmel34 3,621]

16 hours ago, MaegZ0322 said:

My mom has offered to sponsor but is just below the minimum requirements.

You'll need either an additional qualified joint sponsor or you go to the US before your husband and start working, establish US domicile, etc.  The process will take 1-2 years from filing the I-130 petition to his visa interview, so you have plenty of time to sort all this out, as financial sponsorship via I-864s for you and joint sponsors are not needed until later in the process, at NVC after the petition has been approved.  Start with the I-130 immediately.  Good luck!

Edited June 16, 2023 by carmel34