UK rule compared to US

[Emily2905 0]

Hi, I’m new to this forum. I live in England and my boyfriend lives in America, we are wanting to get married at some point in the future but since we’re both on benefits in our respective countries it seems to me to almost feel impossible at the moment, my last hope really is this rule in the uk, since we both very much want children:

‘If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

• you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• there would be very significant difficulties for you and your partner that could not be overcome if you lived together as a couple outside the UK
• it would breach your human rights to stop you coming to the UK or make you leave’

 

My question is: are there any similar rules for the US if we have a child together?

 

Thank you in advance

[powerpuff 5,893]

31 minutes ago, Emily2905 said:

My question is: are there any similar rules for the US if we have a child together?

No, there is no such rule or anything similar in US immigration. Either your partner needs to establish income that meets the criteria or find a very well qualified joint sponsor. With immigration and subsequent life in America being costly, I would strongly advocate for the former.

[Crazy Cat 39,220]

3 hours ago, Emily2905 said:

Hi, I’m new to this forum. I live in England and my boyfriend lives in America, we are wanting to get married at some point in the future but since we’re both on benefits in our respective countries it seems to me to almost feel impossible at the moment, my last hope really is this rule in the uk, since we both very much want children:

‘If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

• you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• there would be very significant difficulties for you and your partner that could not be overcome if you lived together as a couple outside the UK
• it would breach your human rights to stop you coming to the UK or make you leave’

 

My question is: are there any similar rules for the US if we have a child together?

 

Thank you in advance

You have no right to immigrate to the US...period.  Having a child together conveys no rights to the parent outside the US. 

Edited August 2, 2022 by Crazy Cat

[Boiler 43,433]

The US has a very low sponsorship requirement which is easily met by working in a supermarket

[Daphne . 1,670]

19 minutes ago, Boiler said:

The US has a very low sponsorship requirement which is easily met by working in a supermarket

Yes, and that is so scary because we have seen enough posts saying that the couple (K1's) couldn't start the AOS process for the immigrant for example because money was tight (with all the possible consequences ). Not saying it should only be for 'rich' people though, but I do think the threshold is very low.. 

Edited August 2, 2022 by Daphne .

[Emily2905 0]

5 hours ago, Emily2905 said:

Hi, I’m new to this forum. I live in England and my boyfriend lives in America, we are wanting to get married at some point in the future but since we’re both on benefits in our respective countries it seems to me to almost feel impossible at the moment, my last hope really is this rule in the uk, since we both very much want children:

‘If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

• you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
• there would be very significant difficulties for you and your partner that could not be overcome if you lived together as a couple outside the UK
• it would breach your human rights to stop you coming to the UK or make you leave’

 

My question is: are there any similar rules for the US if we have a child together?

 

Thank you in advance

Okay, thank you for your advice everyone

[DaveAndAnastasia 2,078]

2 hours ago, Daphne . said:

Yes, and that is so scary because we have seen enough posts saying that the couple (K1's) couldn't start the AOS process for the immigrant for example because money was tight (with all the possible consequences ).

Which is financially insane; before EAD or green card the immigrant spouse cannot work.

In less than 110 hours of work at the federal minimum wage, you will have made more than the AOS fees (before taxes, anyway; after gets complicated).

 

If money is tight it's more important to get started on AOS ASAP, not less.

[Adventine 3,187]

35 minutes ago, DaveAndAnastasia said:

Which is financially insane; before EAD or green card the immigrant spouse cannot work.

In less than 110 hours of work at the federal minimum wage, you will have made more than the AOS fees (before taxes, anyway; after gets complicated).

 

If money is tight it's more important to get started on AOS ASAP, not less.

 

It's true, no one benefits from filing AOS late. Unfortunately some people don't think that far ahead and are literally paycheck-to-paycheck with no breathing room in the budget.

[Emily2905 0]

So is basically my best plan if I wanted to go there is to try and talk him into working? Might be a huge ask for him mentally but if it’s the only real option it’s the only real option. That and have someone support us too

[Crazy Cat 39,220]

4 minutes ago, Emily2905 said:

So is basically my best plan if I wanted to go there is to try and talk him into working? Might be a huge ask for him mentally but if it’s the only real option it’s the only real option. That and have someone support us too

Living in the US is EXTREMELY expensive!!!  A sponsor for immigration is very minor compared to the amount of money it requires to live here.

Edited August 2, 2022 by Crazy Cat

[Boiler 43,433]

5 minutes ago, Emily2905 said:

So is basically my best plan if I wanted to go there is to try and talk him into working? Might be a huge ask for him mentally but if it’s the only real option it’s the only real option. That and have someone support us too

It is a big ask

[Crazy Cat 39,220]

4 hours ago, Daphne . said:

Not saying it should only be for 'rich' people though, but I do think the threshold is very low.. 

The threshold is far too low, imo.  

[Ontarkie 13,915]

~~Inappropriate posts removed, along with quotes. The OP did not come here to be lectured on being an adult. You do not know the their situation or possible disability. Stick to answering the OP's questions.~~

[Emily2905 0]

7 minutes ago, Ontarkie said:

~~Inappropriate posts removed, along with quotes. The OP did not come here to be lectured on being an adult. You do not know the their situation or possible disability. Stick to answering the OP's questions.~~

Thank you, I appreciate that as it was getting to me and not in the way they may have intended

[Emily2905 0]

For more context around the situation, at first I wasn’t even considering America, he was going to live here because I am in the benefit group that has no capacity for work and I am also a carer for my father. The rules are a bit weird here, but if you claim carers allowance and get over a certain amount of money generally a month, you can apply for a marriage visa. I thought that these benefits would add up, but because I’m already in receipt of the highest amount, they don’t, which stops me from being able to apply to get married here since I just don’t have the money. So basically my whole plan shattered before my eyes a few days ago and I’m just trying to explore our options, because I can’t give up on being with who I feel is the love of my life. Working would be a very very big ask for my boyfriend, he has bpd, but if it’s the only possibility then he may try his hardest to be able to do something. And I know that people are going to say the two of us are no fit parents, but it’s the only thing either of us have ever really wanted, so if there had been a way for us to be together through that then it would have been ideal, but I’ve got the hope of England still allowing us. Anyway, again thank you for your advice