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Posted

Hi,

 

My wife is a US citizen. We’ve been married for 6 years and lived in the U.K. for the entire time.

 

We now want to migrate to the US, and believe the direct consular filing is the best option for us.

 

My wife doesn’t work here, I am the primary income earner.

 

My question is about the financial requirements. We wouldn’t have anyone who would sponsor in terms of the affidavit of support. I know there are alternatives to

meet the financial requirements in terms of assets but I am struggling to make sense of it all.

 

Can anyone give me any insight to meeting the requirements without having a sponsor in the US.

 

Thank you in advance,.

Filed: Citizen (apr) Country: Morocco
Timeline
Posted (edited)

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

  • The assets must be convertible to cash within 12 months.
     
  • The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
     
  • The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.

 

Since the USC has to prove US residency,  she could move here after u DFC and establish this and get employment to satisfy the requirement

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html

 

some say it is 3 times the poverty level for spouse visa but USCIS site says 5 times as seen on that USCIS site

Edited by JeanneAdil
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
55 minutes ago, kcooke said:

We now want to migrate to the US, and believe the direct consular filing is the best option for us.

Has the consulate agreed to accept your case?  Good luck.

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Filed: K-1 Visa Country: Wales
Timeline
Posted

What is the basis of your application?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)

@kcooke

 

if you are a family of 2 persons, the threshold is $22,887.

You’ll need 3x that ($68,661) in assets because you are the spouse sponsor.

Or she could find a job and move ahead of you and start work with a yearly income exceeding the threshold.

There is no limit on transferring money out of the UK. Also intent to re-establish domicile in the US is easy in London, so no problem there.

 

DCF as we knew it is no longer. That was submitting the I-130 petition to USCIS in London instead of USCIS in the states. They closed the London office a couple of years ago, but there are ways to get the embassy to process the whole thing. 

Edited by Wuozopo
Posted (edited)
6 hours ago, kcooke said:

Hi,

 

My wife is a US citizen. We’ve been married for 6 years and lived in the U.K. for the entire time.

 

We now want to migrate to the US, and believe the direct consular filing is the best option for us.

 

My wife doesn’t work here, I am the primary income earner.

 

My question is about the financial requirements. We wouldn’t have anyone who would sponsor in terms of the affidavit of support. I know there are alternatives to

meet the financial requirements in terms of assets but I am struggling to make sense of it all.

 

Can anyone give me any insight to meeting the requirements without having a sponsor in the US.

 

Thank you in advance,.

Another poster was able to go DCF route through London because the US citizen spouse had a job offer. 

They then used the beneficiary's income from the UK as it will continue in the US. 

 

What is your exceptional circumstance?

If you do not have one, you'll have to file online or via lockbox.

 

If you have reviewed the exceptional circumstances and believe you qualify, please complete and submit this contact form for consideration. If a consular officer at the U.S. Embassy concurs with your request for exceptional circumstance processing in accordance with USCIS guidelines, you will be contacted to advise you further

 

London has a contact form for DCF requests:

https://uk.usembassy.gov/visas/family-immigration/i130-exceptional-circumstances-request-form/

 

 

Edited by Kor2USA
Posted
9 hours ago, Wuozopo said:

@kcooke

 

if you are a family of 2 persons, the threshold is $22,887.

You’ll need 3x that ($68,661) in assets because you are the spouse sponsor.

Or she could find a job and move ahead of you and start work with a yearly income exceeding the threshold.

There is no limit on transferring money out of the UK. Also intent to re-establish domicile in the US is easy in London, so no problem there.

 

DCF as we knew it is no longer. That was submitting the I-130 petition to USCIS in London instead of USCIS in the states. They closed the London office a couple of years ago, but there are ways to get the embassy to process the whole thing. 

Thank you for this response. I appreciate you spelling that out for me.

 

Do you know if I can use my current employment and salary to sponsor myself? I would maintain my current employment with a Dutch company upon moving to the US so I would still be employed and earning a salary. My wife and kids are all US citizens so, as far as I understand, I don't need to worry about them in terms of sponsorship. 

 

Appreciate your insight and advice.

Posted
2 hours ago, kcooke said:

Thank you for this response. I appreciate you spelling that out for me.

 

Do you know if I can use my current employment and salary to sponsor myself? I would maintain my current employment with a Dutch company upon moving to the US so I would still be employed and earning a salary. My wife and kids are all US citizens so, as far as I understand, I don't need to worry about them in terms of sponsorship. 

 

Appreciate your insight and advice.

 

Read this 

 

Filed: Citizen (apr) Country: England
Timeline
Posted
3 hours ago, kcooke said:

Thank you for this response. I appreciate you spelling that out for me.

 

Do you know if I can use my current employment and salary to sponsor myself? I would maintain my current employment with a Dutch company upon moving to the US so I would still be employed and earning a salary. My wife and kids are all US citizens so, as far as I understand, I don't need to worry about them in terms of sponsorship. 

 

Appreciate your insight and advice.


The thread posted above is like your case.

 

You can use your continuing income. Get something in writing from your employer that details your position as a [your title] will continue with them in the US and your yearly salary. See the I-864 form instructions page 12 Can the Intending Immigrant Help Me Meet the Income Requirements? https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

Your children are US Citizens and do not need an affidavit of support. They are not “immigrating”. But they DO count in the household size to determine the threshold of yearly income needed. The family size is Wife+Kids+Immigrant. The chart is here. https://www.uscis.gov/i-864p
 

Your wife is sponsor and she fills out the I-864 form.

She is unemployed and her yearly income is $0 for Part 6, #6 and #7. 
She can add a family member’s income to her I-864. More specifically she can add the intending immigrant’s continuing income and because you are her spouse, you do not fill out an I864a to go with her I-864.

You will be Person 1 for Part 6, #8,9,10.

Don’t forget Part 6, #20 where she totals the household income— her $0 plus yours in $$$

#22 is checked to indicate you are not completing an I-864a because you are the intending immigrant. Again, your US citizen children are not immigrants for this form; they are not applying for immigrant visas. 

 

Filed: Citizen (apr) Country: England
Timeline
Posted

@kcooke

 

One more thing. The most recent US tax return for your wife must be included with an I-864. Information from three years of returns goes on Part 6, #23-25.

If she had a valid reason not to file, she can write and sign a statement saying why. “I was unemployed from  2016 to 202? and earned $0.00. I did not meet the income level required by the IRS to file a US tax return.” The statement would be attached to the I-864 in lieu of a US tax return. 
 

BUT a Married Filing Separately person has to file if she earned $5. That could be investment money earned, not just a job. So if her name is on any account that paid interest or dividends over $5, look into filing if she hasn’t done so. She will not owe any tax on earnings up to $12,550 and she could claim the economic impact payment of $1400 with a 2021 return. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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