Qualify for DCF

[old_motters 0]

Ok, so I'm all in a muddle as to how this works, I think I understand but am not 100% sure.

Background - I have been married to US citizen for nearly 8 years, who immigrated to the UK in May 2005 and married in July 2005 on a Fiancees Visa. We have a daughter who is an American citizen by birth. My wife is getting homesick and a move to the US has been mooted.

Ok, so, I know I need to file a I-130. This gets approved/rejected. Assume it's approved I gather together a whole bunch of supporting information that the consulate will advise what they need. I get a medical once I have a case number.

Now it gets complicated; I think my wife will need to do an I-864 to prove she can support me and dear daughter once we emigrate. Will a job offer suffice or is it better for her to have started a job in the US that provides an income? She has been filing US tax returns while resident in the UK however, her US income has been zero. In terms of assets, we have a mortgage on a house here in the UK with some equity, what level of assets would be appropriate to support as the I-864 does not indicate?

If she does that, will she be required to fly back to the UK to help file the DS-130 Pt1 & Pt2? Can this be done remotely?

Thanks in advance for your help!

[Ryan H 3,813]

You don't file the I-130, your wife (the US Citizen) does this.

Job offer will not count when the I-864 is submitted. Unless she can qualify on assets alone, a joint sponsor will be needed. There are other members who can better answer your question regarding qualifying on assets.

There is no such from as a DS-130, it's DS-230 and that's your form to submit; she will not be required to fly back and forth to help you submit it.

[old_motters 0]

You don't file the I-130, your wife (the US Citizen) does this.

Job offer will not count when the I-864 is submitted. Unless she can qualify on assets alone, a joint sponsor will be needed. There are other members who can better answer your question regarding qualifying on assets.

There is no such from as a DS-130, it's DS-230 and that's your form to submit; she will not be required to fly back and forth to help you submit it.

Thank you.

I have more questions I'm afraid, the I-130 may need a consular visit by us both even though it's my wife that submits, correct?

Also, it looks like, unless our assets are sufficient, my wife will have to return to the US for a job that is capable of supporting us.

In terms of my employment, I'm guessing no one will even look at my Resume until I have permanent residency? I've had a job since I was 14, I'm now 37, it will be very strange to be a kept man, even if it is for a short while.

[Zeffe 2]

Ok, so I'm all in a muddle as to how this works, I think I understand but am not 100% sure.

Background - I have been married to US citizen for nearly 8 years, who immigrated to the UK in May 2005 and married in July 2005 on a Fiancees Visa. We have a daughter who is an American citizen by birth. My wife is getting homesick and a move to the US has been mooted.

Ok, so, I know I need to file a I-130. This gets approved/rejected. Assume it's approved I gather together a whole bunch of supporting information that the consulate will advise what they need. I get a medical once I have a case number.

Now it gets complicated; I think my wife will need to do an I-864 to prove she can support me and dear daughter once we emigrate. Will a job offer suffice or is it better for her to have started a job in the US that provides an income? She has been filing US tax returns while resident in the UK however, her US income has been zero. In terms of assets, we have a mortgage on a house here in the UK with some equity, what level of assets would be appropriate to support as the I-864 does not indicate?

If she does that, will she be required to fly back to the UK to help file the DS-130 Pt1 & Pt2? Can this be done remotely?

Thanks in advance for your help!

Like Ryan said, it's your wife (the USC) who needs to file the I-130 with the USCIS London Field Office. That needs to be accompanied by Form G325-A - one completed by your wife and one completed by you. Not sure whether you need to complete one for your daughter since she is already a USC.

Once the I-130 is approved, the case gets sent to the London Consulate Immigrant Visa Unit (under Dept of State). They will issue a case number and once you have that you can schedule your medical exam and send Form DS-230 to the Consulate. And then once all of your paperwork is in order - this includes the I-864 - send Form DS-2001 and a cover letter to indicate that you are ready for the interview. You send those forms in, not your wife. So no one is required to fly back.

For income/assets: if you are relying exclusively on assets, you will need a minimum of 3x the 125% federal poverty limit outlined in I-864P for a household of 3. I am not sure when that document is getting updated for 2013, but the amount is likely to increase (slightly). From what I understand, you cannot use your house (or your car) as an asset as it violates the 'undue harm' clause of the I-864 instructions.

[Ryan H 3,813]

Also, it looks like, unless our assets are sufficient, my wife will have to return to the US for a job that is capable of supporting us.

Yes, or the other option is that she can find someone who is willing to be a joint sponsor.