# HELP! Looking to move back to America with UK husband. No jobs for either of us yet.



## Vegasgirl94 (Feb 12, 2011)

I'm sure this has been asked numerous times, but I can't seem to find anything on the subject. I married a Brit and we have lived here in England for almost two years together. He is really wanting to move to America, so I told him when my visa is up we will.

Dilemma is: I am a full time student, and therefore won't have a job secured until we move to where we are going. He obviously won't have a job either. I'm the sponsor, so I know that the burden of proof falls on me for support.

Question is: Is there a 'magic number' for what needs to be in our bank account when we apply for his visa, given that we won't have jobs for me to say I am "supporting" his stay? For example, is $75,000 in a savings account enough? I want to make sure it's more than enough so we won't have problems trying to prove we won't live off the system.

Thanks in advance.


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## Vegasgirl94 (Feb 12, 2011)

Anyone?? :-/

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## Bevdeforges (Nov 16, 2007)

Read through any number of threads here on the forum about spouse visas for the US. You really have very limited options - as his US spouse, you are his sponsor for a spouse visa. This means you must have the financial means to assure that he will not make use of government benefits (i.e. welfare) - normally interpreted to be an income that is sufficiently above the official poverty level for the family size or savings sufficient to keep you going for a couple of years (and better if the savings or investments provides income you can rely on). 

You (as sponsor) are also expected to have some sort of arrangements for where you will live when you arrive in the US.

If you have no job at the time you move, you can appeal to a family member or friend, even, to act as co-sponsor with you. (And this can include putting you up with them while you look for more permanent accommodation.) Being a co-sponsor involves a rather careful examination of the co-sponsor's financial situation and the responsibility goes on for several years or until your spouse successfully takes US citizenship.
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

Direct Consular Filing

http://london.usembassy.gov/immigrant-visas/immediate-relatives.html


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## Vegasgirl94 (Feb 12, 2011)

Thanks Bev and Davis! I was hoping not to have to depend on someone to 'sign' for us when we move there. We will have $75,000 in the bank and will secure somewhere to stay before we get there in the form of a lease. Hopefully that will be enough but I haven't seen anywhere where it says you need to have (for example) "3x the poverty level income in your bank as liquid assets, blah blah blah". Just wondered if there was a magical number set in stone.

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## twostep (Apr 3, 2008)

Vegasgirl94 said:


> Thanks Bev and Davis! I was hoping not to have to depend on someone to 'sign' for us when we move there. We will have $75,000 in the bank and will secure somewhere to stay before we get there in the form of a lease. Hopefully that will be enough but I haven't seen anywhere where it says you need to have (for example) "3x the poverty level income in your bank as liquid assets, blah blah blah". Just wondered if there was a magical number set in stone.
> 
> Sent from my iPad using ExpatForum


HHS is a bit less giving then stone - 2012 HHS Poverty Guidelines


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## Bevdeforges (Nov 16, 2007)

For that sort of thing, most governments will only give you "guidelines" at best. They really do want the flexibility to judge for themselves how long $75,000 (or any specific number) will cover you for. Some folks would blow through that amount in a couple months.
Cheers,
Bev


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## stednick (Oct 16, 2011)

*Affidavit of Support Criteria*

Vegasgirl94: Information

Link to INA Act 123A INA: ACT 213A - REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 1/

INA: ACT 213A - REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable; 

Link to: Poverty line
2012 HHS Poverty Guidelines
2012 HHS Poverty Guidelines for Family of 2 is $15,130

Math	$15,130 @ 125% = $18,912.50

Your magic number is $18,912.50 per annum. So, the BIG question in this is the period of enforcement, see below (in legalese):

in Act 125 Sec. 213A. (a) Enforceability.- (2) Period of enforceability.-An affidavit of support shall be enforceable with respect to benefits provided for an alien before the date the alien is naturalized as a citizen of the United States, or, if earlier, the termination date provided under paragraph (3). Paragraph (3) Termination of period of enforceability upon completion of required period of employment, etc.- (A) In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) during any such period.

In my case, 15 years ago, I was returning from employment in Asia and officially between jobs, spouse visa for my wife, I, as sponsor for visa, provided the affidavit of support. They accepted my past three years of tax returns (all > $50k/annum) plus a letter of promised employment from a US company. This was 15 years ago and things change, sometimes for the worse. 

Good luck.


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## Vegasgirl94 (Feb 12, 2011)

Wow thanks Stednick, that's good to know! I haven't had any income since I've lived here in England because I've been working on my masters degree now that I have time to do it. Hopefully they will forgive that time off work and consider me to be highly employable with my degrees. One can only hope. I haven't ever been on benefits before and I've been working since I was 14, so I qualify in those areas. 

@bev, sheesh I think I would die slowly if I blew thru $75k in a couple months. Lol. But yeah I'm sure it's been done.

Thanks everyone for your help. I guess if all else fails I can have my brother sponsor us as he's Dept. of Homeland Sec and making lotsa dough. Didn't want to have to resort to that but I suppose it helps. :-D

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## twostep (Apr 3, 2008)

Vegasgirl94 said:


> Wow thanks Stednick, that's good to know! I haven't had any income since I've lived here in England because I've been working on my masters degree now that I have time to do it. Hopefully they will forgive that time off work and consider me to be highly employable with my degrees. One can only hope. I haven't ever been on benefits before and I've been working since I was 14, so I qualify in those areas.


You are talking about intangible assets not numbers. You need your tax returns and proof of funds in his name to have him self-sponsor. 
I hate to rain on your parade but a Masters degree does not guarantee employment.



Vegasgirl94 said:


> @bev, sheesh I think I would die slowly if I blew thru $75k in a couple months. Lol. But yeah I'm sure it's been done.


Medical, vaccinations, fees, flights, cars, deposits, job search ... 3 x poverty limit for 2 has to be there.



Vegasgirl94 said:


> Thanks everyone for your help. I guess if all else fails I can have my brother sponsor us as he's Dept. of Homeland Sec and making lotsa dough. Didn't want to have to resort to that but I suppose it helps. :-D
> 
> Sent from my iPad using ExpatForum


He needs to make poverty limit for him and his dependents plus two more. And be willing to be fiscally responsible for your spouse for up to ten years.


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## Crawford (Jan 23, 2011)

Link to this page:

USCIS - Affidavit of Support

Then scroll down to Income Requirements. It tells you there what you need to provide in savings, assets etc if you don't have the necessary income requirements.

From a quick read I deduce that its the difference between your current income and the required income X 3. 

So, if you have no income and the requirement to sponsor a spouse is 125% of the poverty level (which comes to about 19K USD I believe for two people), you need 57K in assets.

Hope this helps.


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## stednick (Oct 16, 2011)

*advice*

Vegasgirl94: If I were in your shoes, this is what I would do:

1) Determine the general, if not specific, location of residence in the US. (brother's house?) 
2) Start a stateside job search (headhunters) for both you and your spouse. 
3) Have a serious "heart-to-heart" discussion with your brother concerning his willingness, and financial capability of sponsoring your husband.
4) Contact an experienced US immigration lawyer and discuss your husbands case. Professional help will greatly increase your chances of success and prevent you from making mistakes that may hinder your case. 
5) Write a letter to your Congressman explaining your situation and requesting his/her assistance.

Immigration petitions are a great deal of work. They require significant amounts of documentation, both current and historic. Every item must be answered correctly and entirely, without prejudice or omission. Any error or omission can cause delay and/or rejection. Even when they are complete and correct they take a significant amount of time to move through the system.

Good luck, Godspeed and let us know how you make out.


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