Petition outside the US

[MrsLewan1218 0]

hey guys, after hours of research we have more questions than answers unfortunately!! So brief background.. My husband is a US citizen and have a residence permit in the UK. He has only been here for a few months and now we both have decided to move to the US. I have two kids from a previous relationship. - eldest child has his biological dads last name and on his birth certificate and the second child has my last name and without fathers details. Also, I know he has to be in the country for at least 6 months before he can file for a petition but just to plan ahead and find a way around stuffs.. my first question, can we combined our income here in the UK to meet the financial requirements since there will be 3 of us applying? Since 2017, he has only been employed for a month and not filed for tax in the US. Would that affect our applications? We have a property and joint bank account to meet the domicile requirement. Lastly, where to start?!! I'm overwhelmed with informations!!!! Could someone please break those information down? (I know I sound so thick) but US visa process sounds more complicated than spouse visa for the UK.

[pushbrk 12,092]

Start by filing once he qualifies for the six months.  You would need to remain in the UK.  Your UK income, combined or not could only be used to qualify as sponsor if it will continue from the same source once you, or he are in the US.  The way around that is for him to leave after filing and get a job in the US.  File separate petitions for each intending immigrant.  Only children under 18 at the time of marriage can immigrate based on the marriage.  Your birth certificate issues are non issues.

[Boiler 43,393]

Well DCF will be the way to go, one of our friendly Mods will move your post to the correct forum.

 

Children ages are important, assuming they are younger you need to sort out that you have the OK for them to migrate.

 

Current income can be used, just need to show that it will continue when you get to the US.

[MrsLewan1218 0]

20 minutes ago, pushbrk said:

Start by filing once he qualifies for the six months.  You would need to remain in the UK.  Your UK income, combined or not could only be used to qualify as sponsor if it will continue from the same source once you, or he are in the US.  The way around that is for him to leave after filing and get a job in the US.  File separate petitions for each intending immigrant.  Only children under 18 at the time of marriage can immigrate based on the marriage.  Your birth certificate issues are non issues.

It’ll be difficult to prove that our income will continue once in the US as I don’t think my employer nor his will continue to pay us when we leave. How do you show that you meet the financial requirements? Do you have to provide bank statements or payslips?? My children are only 10 and 7 so I think we’re ok on that one

[MrsLewan1218 0]

26 minutes ago, Boiler said:

Well DCF will be the way to go, one of our friendly Mods will move your post to the correct forum.

 

Children ages are important, assuming they are younger you need to sort out that you have the OK for them to migrate.

 

Current income can be used, just need to show that it will continue when you get to the US.

Sorry thought I posted this to the right one. When you say we need to have the OK for them to migrate does that mean I have to have their biological fathers approval? I don’t have any contact with him

[pushbrk 12,092]

2 minutes ago, MrsLewan1218 said:

It’ll be difficult to prove that our income will continue once in the US as I don’t think my employer nor his will continue to pay us when we leave. How do you show that you meet the financial requirements? Do you have to provide bank statements or payslips?? My children are only 10 and 7 so I think we’re ok on that one

They would only pay you if you were transferring to the US.  Current income is shown with pay stubs or employer letters.  Sounds like you'll need a joint sponsor, or he will need to leave after filing and get a job in the US.

[Boiler 43,393]

You will need the Fathers or Court approval.

 

Maybe a Joint Sponsor to meet the financial requirements, family or friend in the US.

[pushbrk 12,092]

1 minute ago, MrsLewan1218 said:

Sorry thought I posted this to the right one. When you say we need to have the OK for them to migrate does that mean I have to have their biological fathers approval? I don’t have any contact with him

You need EITHER court ordered full custody or permission from the other parent for them to immigrate permanently to the US.  If you have already taken them from their birth country, you probably have what you need already.

[MrsLewan1218 0]

So joint sponsor - can he stay in the U.K. while the other sponsor is back in the US? Just trying not to be separated from him. How long does he have to be working with a US employer before we can submit our application? Well when we applied for his spouse visa for here, I as a sponsor had to be working with the same employer for 6 months and had to submit 6 months bank statements and pay stubs. Would that be the same for US?

[Boiler 43,393]

With a joint sponsor he would have to move with or before you, there is no 6 moths requirement for the US but would have to be a few pay cheques.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[MrsLewan1218 0]

15 hours ago, Boiler said:

With a joint sponsor he would have to move with or before you, there is no 6 moths requirement for the US but would have to be a few pay cheques.

Does that mean we can all enter the US and apply from there or do we have to apply from the our country of residence??

[Boiler 43,393]

To immigrate you need an immigrant visa, same as he needed to move to the UK.

Edited December 11, 2018 by Boiler