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AmandaRC

US citizen living in UK wanting to move spouse to US

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Hello everyone! I am brand new here and I will apologize in advance if I am posting anything where it does not belong. But I came here to seek some helpful advice before my husband and I start working on his US visa.
For starters, I am American and have a UK spouse visa, and I have been living here in England with my husband for just under 2 years. My husband is English and we decided that living in America is a better option for us for many reasons. We have been married for 3 years come May 2017, but we have been together since late 2005.
I may know a thing or two on the whole UK spouse visa, but I know nothing about US visas and I kind of find some of the information I read confusing. I have done some research online, and I just want to know a few different things please.

I would like to stay here in the UK until my visa expires at the end of the year so I can help my husband apply for his visa, and I believe I can send my petition to the US Embassy in London. There is a USCIS office there. Is it possible to take care of the entire process in whole via an appointment at the US Embassy?

I was also wondering about the Affidavit of Support because we both obviously live and work in England. Is it possible for my parents to also be his sponsor(s)? - I think my earnings in the UK fall a bit short for the US poverty line requirement.
Can financial savings from myself + my husband be counted to satisfy financial requirements? - Together we have a good chunk of money saved up as we needed to so we could satisfy the UK spousal visa financial requirements in 2015.

My parents are in Florida and that is where we plan to settle upon receiving my husband's visa. They are willing to let us move in with them until we get on our feet, and my father is also willing to employ my husband and teach him some trade skills. When we were in FL over the holidays, my employer offered me my job back when I return. I still have my US savings and checking accounts and I do transfer money into those accounts from my English bank. Apart from that, I can prove in other ways, if need be, that I do plan to cut ties from England and that we will be returning to the US to settle permanently.

I'm sorry again if this is posted in an incorrect spot. I plan to mail the petiton within the month or so, and I just would like some advice/answers beforehand. I appreciate it!



 

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Moved from K3 Process & Procedures to DCF Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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"Is it possible to take care of the entire process in whole via an appointment at the US Embassy?"

 

No. The process is two-step. You'll first mail an I-130 petition and applicable documents to the embassy (in London, because you're resident in the UK), then once approved, it moves to a different team and your hubby will be asked to submit the visa application paperwork and attend a medical and an interview.

 

Take a look at their info here: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/  You'll find the form and a checklist to follow to see what to send.

 

The financial support part comes at the visa application stage. You'll complete an I-864 and so will your co-sponsor, if you decide to use one.  You can find instructions for this form here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf  You can use your savings if you want, but they have to be a multiple of 3 of the amount you need in annual income (so, the income requirement for a family of 2 is around $20k, so you'd need around $60k to do it just in savings alone).  You can see the income level requirements here: https://www.uscis.gov/i-864p

 

As you are abroad, make sure to take a look at the domicile requirements!  You'll need to show your intend to re-establish a US domicile or already have one.  Sound like you already have a plan for that (a place to live and a job offer - ideal!). You'll also need your US tax returns for the last 3 years.

 

If you look at my signature, you'll see a link to a guide I wrote for the London process a while back. It's a little out of date in places, but the general gist is still the same and should give you an idea of the process.  The whole thing'll take 3 - 6 months.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Hello lost_at_sea, thank you so much for your reply! Thank you for answering my questions and clearing some things up! I def have my parent's support in the matter and I might (not sure yet) use my mother as a co-sponsor for just back up. I'm glad you mentioned the rough $60k in savings to satisfy the financial requirement because earlier today my husband and I totaled up everything we have in our Barclay's bank accounts plus what I have in my US checking & savings and we do have just over $60k thankfully! Obviously the amount will increase because we both work, and I also know that that amount will, in time, decrease when it comes to paying fees and such.

To prove my intentions of re-establishing my domicile in the US, I continue to make bank transers into my US account from England, I still pay on my student loans in the US, I have changed my address to my parent's for my student loan statements, credit cards, etc (basically everything I can), and I also made sure my FL driver's license address was updated while I was there over Christmas. I will have my folks mail over my mail that they receive when it comes time to sending off documents and everything, plus I will include all bank statements possible to show transfers.

Before I read your reply, I was looking online at the whole process from start to finish and I found a flow chart that is helpful (and nicely laid out). From the links you have provided and from your reply, I feel much better in taking on this process and I have a sense of direction now more so.

I can't thank you enough though for taking the time to reply. It's nice to find support from those who have the experience!

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No problem! The process isn't *too bad* when doing it directly with London.  So long as you follow their checklists and then keep an eye on the process, it should be smooth.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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