From the US to the UK and Back Again

[Bear_and_Bunny 25]

Hi,

 

This site looks great.  I have taken a look around trying to get some understanding on what we need to do, but seem to be coming up blank.  It seems the more I look around on various sites, the more confused I get!

 

Anyway, I am a British Citizen and live in the UK, my wife is an American Citizen and also lives in the UK with me, she arrived on a fiancée visa and is now on the spousal (the one where we have to reapply again in 2.5 years...ILR?).  But we now want to move to Alabama.  I think we need the I-130, but the part that confuses us is the affidavit of support.  Do we require one? As https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20181019_i130_Checklist_for_Spouse.pdf doesn't mention it at all?  Or do we not need it when we apply but at a later date?  My wife has no assets in the US, just family, and we are looking to save circa $20,000 before we move..  Any ideas on what we would need to do for our situation would be amazing and greatly appreciated.  

 

Thank you.

[EM_Vandaveer 2,369]

4 minutes ago, Bear_and_Bunny said:

Hi,

 

This site looks great.  I have taken a look around trying to get some understanding on what we need to do, but seem to be coming up blank.  It seems the more I look around on various sites, the more confused I get!

 

Anyway, I am a British Citizen and live in the UK, my wife is an American Citizen and also lives in the UK with me, she arrived on a fiancée visa and is now on the spousal (the one where we have to reapply again in 2.5 years...ILR?).  But we now want to move to Alabama.  I think we need the I-130, but the part that confuses us is the affidavit of support.  Do we require one? As https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20181019_i130_Checklist_for_Spouse.pdf doesn't mention it at all?  Or do we not need it when we apply but at a later date?  My wife has no assets in the US, just family, and we are looking to save circa $20,000 before we move..  Any ideas on what we would need to do for our situation would be amazing and greatly appreciated.  

 

Thank you.

Yes, you require one. If she can't meet the income/assets level then you need a joint sponsor. The joint sponsor needs to have income over 125% of the Federal Poverty Level for his or her household size PLUS ONE (you, the intending immigrant).

Once that's sorted, look into DCF (filing I-130 directly with the Embassy in London) as it's a much quicker process.

[Bear_and_Bunny 25]

3 minutes ago, EM_Vandaveer said:

Yes, you require one. If she can't meet the income/assets level then you need a joint sponsor. The joint sponsor needs to have income over 125% of the Federal Poverty Level for his or her household size PLUS ONE (you, the intending immigrant).

Once that's sorted, look into DCF (filing I-130 directly with the Embassy in London) as it's a much quicker process.

Thank you so much for the quick response.  We have been so confused over this bit as some pages on the Embassy website and USCIS site mentioned it but others didn't.  Thank you again and for the advice. 

[Wuozopo 4,285]

20 minutes ago, Bear_and_Bunny said:

Hi,

 

This site looks great.  I have taken a look around trying to get some understanding on what we need to do, but seem to be coming up blank.  It seems the more I look around on various sites, the more confused I get!

 

Anyway, I am a British Citizen and live in the UK, my wife is an American Citizen and also lives in the UK with me, she arrived on a fiancée visa and is now on the spousal (the one where we have to reapply again in 2.5 years...ILR?).  But we now want to move to Alabama.  I think we need the I-130, but the part that confuses us is the affidavit of support.  Do we require one? As https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20181019_i130_Checklist_for_Spouse.pdf doesn't mention it at all?  Or do we not need it when we apply but at a later date?  My wife has no assets in the US, just family, and we are looking to save circa $20,000 before we move..  Any ideas on what we would need to do for our situation would be amazing and greatly appreciated.  

 

Thank you.

 

First of all, you get a shortcut when you are ready to apply for the spouse visa to the US. Because your American wife lives in the UK, you may use the USCIS office in London for the petition (I-130). That saves you many months off using the USCIS in the states. Here's where you start. Bookmark it. https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.167208190.1346449588.1549891792-1641113824.1489155735

The process is referred to as DCF (Direct Consular Filing).

 

First Step is your wife files a petition I-130 to bring you to America. That step does not require an affidavit of support, hence your confusion. As said, you send that to the USCIS office in London. The petition is approved and sent to the Immigrant Visa Unit at the embassy in London which issues visas.

 

Second Step is you apply for your spouse visa (form DS-260), have a medical exam, and interview for the visa. That is where the affidavit of support comes in. For a family of 2, the required income is around $20k. Your savings is not the same as ongoing income from a job. Without an income, she would require 3 times the required amount in assets (about $60k). Or she can have her father in the US be a joint sponsor if he makes enough to cover the number in his household plus you. 

 

 

Edited February 11, 2019 by Wuozopo

[Bear_and_Bunny 25]

13 minutes ago, Wuozopo said:

 

First of all, you get a shortcut when you are ready to apply for the spouse visa to the US. Because your American wife lives in the UK, you may use the USCIS office in London for the petition (I-130). That saves you many months off using the USCIS in the states. Here's where you start. Bookmark it. https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.167208190.1346449588.1549891792-1641113824.1489155735

The process is referred to as DCF (Direct Consular Filing).

 

First Step is your wife files a petition I-130 to bring you to America. That step does not require an affidavit of support, hence your confusion. As said, you send that to the USCIS office in London. The petition is approved and sent to the Immigrant Visa Unit at the embassy in London which issues visas.

 

Second Step is you apply for your spouse visa (form DS-260), have a medical exam, and interview for the visa. That is where the affidavit of support comes in. For a family of 2, the required income is around $20k. Your savings is not the same as ongoing income from a job. Without an income, she would require 3 times the required amount in assets (about $60k). Or she can have her father in the US be a joint sponsor if he makes enough to cover the number in his household plus you. 

 

 

Thank you so much.  That is really helpful.  We will have to look at the finances side of things, but at least we have more of an idea now.  

[NikLR 13,220]

Uk to Alabama?  Well thats a difference in culture.  LOL!

 

I also recommend DCF.  Your wife can move ahead of you at any time after filing the I-130 btw.  There will be a little bit of intent to reestablish domicile but London isn't particularly picky.  

[Wuozopo 4,285]

53 minutes ago, Bear_and_Bunny said:

Thank you so much.  That is really helpful.  We will have to look at the finances side of things, but at least we have more of an idea now.  

Here's a PDF that I just noticed  that gives an overview of your DCF through London. The embassy also refers to it as "consular processing".  

 

https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20180102_Three_Part_Immigrant_Visa_process.pdf

 

While browsing these forums and seeing references to processes at the NVC (National Visa Center), note that you totally skip the NVC so none of that discussion applies to you. That's another reason why your process will be much shorter.

 

Edited February 11, 2019 by Wuozopo

[Bear_and_Bunny 25]

37 minutes ago, Wuozopo said:

Here's a PDF that I just noticed  that gives an overview of your DCF through London. The embassy also refers to it as "consular processing".  

 

https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20180102_Three_Part_Immigrant_Visa_process.pdf

 

While browsing these forums and seeing references to processes at the NVC (National Visa Center), note that you totally skip the NVC so none of that discussion applies to you. That's another reason why your process will be much shorter.

 

That's awesome, thank you.  On that PDF (which is super helpful by the way) where would the affidavit part be?  Is that part 2?

[Bear_and_Bunny 25]

53 minutes ago, NikLR said:

Uk to Alabama?  Well thats a difference in culture.  LOL!

 

I also recommend DCF.  Your wife can move ahead of you at any time after filing the I-130 btw.  There will be a little bit of intent to reestablish domicile but London isn't particularly picky.  

lol, yeah it will be.  That's where she is from and I love it when we visit so I'm looking forward to it! 

 

Thank you for the tips.  They are genuinely appreciated. 

[Wuozopo 4,285]

12 minutes ago, Bear_and_Bunny said:

That's awesome, thank you.  On that PDF (which is super helpful by the way) where would the affidavit part be?  Is that part 2?

Yes like I said in my previous post for part 2. That pdf just added your final step of entering the US.with your visa.