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I-864 - USC Lives and Works in UK

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My wife and I married in the UK Feb 2005 and she applied for her UK work permit shortly after and we have been living and working here in the UK since March 2005. In May last year we filed our I-130 DCF in London. They turned us down because we had only been married for 3 months.

This meant we had to file with TSC and wait it out.

My I-130 has been approved and we at the stage of completing the I-864. My wife no longer has a US based income and we are worried about how this might effect our application. Will they accept her UK income as evidence?

If not will we have to come up with five times the poverty level in assets? I know we can get a co-sponsor but we want to avoid this if possible.

Many thanks.

JG


Jamie (Scotland) + Katie (USA)

01-01-2002 - Moved to NYC on J-1 Student Visa.

30-10-2002 - Met Katie in NYC.

01-02-2003 - I return to Scotland.

2002 /2004 - Back and forth UK/USA (many times!)

30-10-2004 - Proposed to Katie. YES!!!

03-02-2005 - Married in Glasgow.

01-03-2005 - Katie returns to US to file UK visa application.

29-03-2005 - UK visa issued!!

06-04-2005 - Katie comes home to Scotland.

11-04-2005 - Filed I-130 DCF London Embassy

14-04-2005 - DCF rejected. Must file through a US SC.

02-06-2005 - Filed I-130 TSC

13-06-2005 - Receipt notice from CSC

28-12-2005 - Received email notification, I-130 approved 21-12-05!!

09-01-2006 - Case received by NVC, case number assigned.

15-11-2006 - NVC complete case and forward to Embassy in London.

19-01-2007 - Interview scheduled for Feb 28th.

06-02-2007 - Medical in London

28-02-2007 - Visa Interview - APPROVED!!!

02-03-2007 - Visa in hand.

23-05-2007 - Enter USA through Newark (EWR)

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My wife and I married in the UK Feb 2005 and she applied for her UK work permit shortly after and we have been living and working here in the UK since March 2005. In May last year we filed our I-130 DCF in London. They turned us down because we had only been married for 3 months.

This meant we had to file with TSC and wait it out.

My I-130 has been approved and we at the stage of completing the I-864. My wife no longer has a US based income and we are worried about how this might effect our application. Will they accept her UK income as evidence?

If not will we have to come up with five times the poverty level in assets? I know we can get a co-sponsor but we want to avoid this if possible.

Many thanks.

JG

JG,

No, UK income that will not continue can not be used for the I-864. London's webpage on the topic is pretty helpful, and there are 3 links in the DCF Guide that might help you too.

If your wife does not have a US based income, you can use assets held by either or both of you. You would use the 5X rate for assets (see I-864 instructions). You will probably find more posts that apply to you in DCF threads since many of those people are dealing with the issue of living abroad.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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So even if we have no income we just have to provide evidence of 5 x 125% of the poverty level and we'll be ok?

Thanks.


Jamie (Scotland) + Katie (USA)

01-01-2002 - Moved to NYC on J-1 Student Visa.

30-10-2002 - Met Katie in NYC.

01-02-2003 - I return to Scotland.

2002 /2004 - Back and forth UK/USA (many times!)

30-10-2004 - Proposed to Katie. YES!!!

03-02-2005 - Married in Glasgow.

01-03-2005 - Katie returns to US to file UK visa application.

29-03-2005 - UK visa issued!!

06-04-2005 - Katie comes home to Scotland.

11-04-2005 - Filed I-130 DCF London Embassy

14-04-2005 - DCF rejected. Must file through a US SC.

02-06-2005 - Filed I-130 TSC

13-06-2005 - Receipt notice from CSC

28-12-2005 - Received email notification, I-130 approved 21-12-05!!

09-01-2006 - Case received by NVC, case number assigned.

15-11-2006 - NVC complete case and forward to Embassy in London.

19-01-2007 - Interview scheduled for Feb 28th.

06-02-2007 - Medical in London

28-02-2007 - Visa Interview - APPROVED!!!

02-03-2007 - Visa in hand.

23-05-2007 - Enter USA through Newark (EWR)

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So even if we have no income we just have to provide evidence of 5 x 125% of the poverty level and we'll be ok?

Thanks.

Yes.

Your wife may be questioned, as I was, about her field of work, whethere or not she has any job offers, what her (and your) plans are for work when you get to the US. The ConOff needs to be reasonably certain that you will not be a candidate for going on welfare. Keep in mind the purpose of the I-864 and demonstrate that you can comply with the spirit and letter of the contract.

London is particularly good about this issue, probably because we share a common language and similar employment is likely for both of you.

My husband is retired from his profession. One thing the CO brought up was about buying health insurance since he would not be eligible for Medicaid etc in case of an emergency.

NB: we did not interview in London, but in Athens.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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