# After filing Form I-130 for Spouse...



## Rachealohh (Jan 8, 2016)

Hello there,

I have made posts in another Forum on this website regarding moving myself (American Citizen) to the U.K. I have lived here for 2 years now on my Spouse Visa.

NOW my husband and myself are looking to moving him (British Citizen) over to the U.S (Michigan) with me. As my Spouse Visa expires November 2018.

We just recently started looking into it as we want to file ASAP, but since I am not living or working in the United States...my father will be sponsoring him or co-sponsoring him or whatever the correct term is used.

I looked through the entire first step process and I did not see any questions about financial requirements or tax form evidence on how much is made, etc.

Does all those questions and requirements come in the second step of this process? So let's say our I-130 gets approved, are they THEN going to ask for evidence on the sponsor? I was very confused on where this is because it doesn't ask about my income either. I just want to be very cautious and make sure we do not miss anything since I am not sponsoring him and my father is.

Any sort of feedback would be very appreciated and I do apologise if what I wrote was all over place and I hope it made sense!

Cheers.
-Racheal & Dean.


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## twostep (Apr 3, 2008)

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

I cannot open the flow chart right now - try it it walks you through step by step. As legal UK resident you can file DCF direct consular filing at the US embassy in London which is the fasted way.


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## Crawford (Jan 23, 2011)

The I-130 form is to petition for an visa for immigration purposes.

Once this is granted (and if you do the application through the London Embassy it should take about 2 to 3 months) , then you will asked to provide the other forms and documentation, one of which is the Affidavit of Support (I-864 I think) which requires all the info about the joint sponsor (your father in this case). 

YOU are the main sponsor (the petitioner).


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## Rachealohh (Jan 8, 2016)

Thank you so much for the feed back. I had a couple more questions.

I know I am the main sponsor, but after filing the I-130...we are required then to file I-864, BUT I am not working or haven't been working in the USA. My father is sponsoring, so he fills out this form correct? Am I filling out this form as well even though I have zero income right now? My father makes way more then the required salary.


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## Rachealohh (Jan 8, 2016)

Another question.

If the VISA is still being processed, is it fine if my husband travels to the US for a wedding?
Or does this interfere with the process or cause any problems? 

Obviously if they have my husbands passport then he wouldn't be travelling there but it's just something I've just thought of.

We are wanting to start the process in February so I would assume hopefully the process will be done before August?

Cheers.


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## Crawford (Jan 23, 2011)

Rachealohh said:


> Thank you so much for the feed back. I had a couple more questions.
> 
> I know I am the main sponsor, but after filing the I-130...we are required then to file I-864, BUT I am not working or haven't been working in the USA. My father is sponsoring, so he fills out this form correct? Am I filling out this form as well even though I have zero income right now? My father makes way more then the required salary.


You complete an I-864 and your father completes an I-864.


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## Crawford (Jan 23, 2011)

Rachealohh said:


> Another question.
> 
> If the VISA is still being processed, is it fine if my husband travels to the US for a wedding?
> Or does this interfere with the process or cause any problems?
> ...


If your husband still has his passport then he can visit the US while the application is being processed. He should carry documentation proving he will return to the UK.


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## Rachealohh (Jan 8, 2016)

Thank you so much to everyone for the feedback. 

I just thought of something else that I wanted to make sure was done correctly. 

So my father and myself have to file an Affidavit of Support....theres a fee of $120 I believe for that. 

So do we have to pay the $120 for each of us? Or does the $120 cover the main sponsor and the joint sponsor. (Myself and my father)

Cheers!


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## Crawford (Jan 23, 2011)

120 x 2


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## Rachealohh (Jan 8, 2016)

Do they run a credit report on the main Sponsor? (Me). Even though my income is $0 since I do not live and have not lived in the US for over two years and that my father (joint-sponsor) is the one who is providing 100% of the income?


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## Rachealohh (Jan 8, 2016)

As well, I came cross Form I-864A...

Since my income (which is $0) doesn't meet the required income, am I filing this form on top of form I-864?


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## Crawford (Jan 23, 2011)

Rachealohh said:


> As well, I came cross Form I-864A...
> 
> Since my income (which is $0) doesn't meet the required income, am I filing this form on top of form I-864?


No.... the I-864A form is for someone who is part of a household and whose income the immigrant is depending on i.e your father is sponsoring, but his total income is dependent on his wife's i ncome. So she has to complete an I-864A


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## Rachealohh (Jan 8, 2016)

So even if her income is totally separate from my fathers income? She makes her own income and she isn't contributing to sponsoring my husband.

My fathers income is way above the required minimum amount.

Thank you so much for the reply!


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## Rachealohh (Jan 8, 2016)

On Form I-864 it states...

"Each Form I-864A is completed and signed by two individuals: a sponsor who is completing Form I-864 and a household member who is promising to make his or her income and/or assets available to the sponsor to help support the sponsored immigrants. The combined signing of this contract constitutes an agreement that the household member is responsible along with the sponsor for the support of the individuals named in this contract."

So when my mother fills out this form, when they sponsor...are they meaning her husband (my father who is sponsoring him) OR myself? (the petitioner/sponsor)


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## SMYLES (Nov 12, 2015)

Hi Rachael,

Myself (UK Citizen) and my wife (US Citizen) are now going through what seems a similar process to you.

My wife has lived with me in the UK for the past 2 years and we're now looking at moving to the States. We're getting everything in order to file the I-130 now and will then look to do the rest once this is approved.

My question with the I-130 is how did you pay for this from UK?

It says on the USCIS London Field Office website "you must pay the fees to the U.S. Embassy cashier using a cashier's check, U.S. dollar money order, or an international bank draft made payable to the U.S. Department of Homeland Security. Please do not mail cash, personal checks, or traveler’s checks. Please print your name and complete address on the back of your payment. " 

What is the best way to do this and can it can be done from a UK bank account or would it have to be from the U.S? 

Also, any additional help with the process and timings would be greatly appreciated. We hope to get the I-130 sent off in the next week or so and then get all other info sorted so that once this comes back approved we can then do the rest of the application online as quickly as possible.

Thanks,

Sean


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## Rachealohh (Jan 8, 2016)

Hello Sean!

Wow yeah that is a very similar situation to us! We are still waiting on the approval of our I-130 form, we are hoping it is processed within the next couple weeks! The wait time is currently 75-90 days. (Which went by really fast.)

Regarding the payment, when you are processing through the USCIS Embassy in London they do accept Credit Card payments from a UK Credit Card.

Just make sure that your bank is aware that a foreign withdrawal will be happening so that they do not deny the payment.

The form you want to mail in WITH your Form I-130 application is:

*USCIS*Form*G‐1450*–*Authorization*for*Credit*Card* Transactions*

I hope this helps! The information is a bit confusing as we were in the same conflict with the payment! I had to email the London Embassy myself and make sure 100%!

If you have any more questions, just let me know. You can direct message me on here as well and I can provide my email if that makes it easier, as I know it's a stressful and tedious process!

Cheers.
-Racheal


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## SMYLES (Nov 12, 2015)

Thank you so much for the quick response Racheal, I really appreciate it. I'm sure I'll have a few more throughout the process if that's ok so an email would be great. We're filling out the I-130 now and some of the questions can be a bit misleading. I can go through a few when I get home.

I did plan to send the G‐1450 form but then saw on the instructions that you can only use it when processing through the USCIS Lockbox and not a Field Office. Let me know how this goes for you. 

My wife's initial UK 'visa' runs out on 11/10/2018 so we were hoping to get this all sorted in time and travel for a bit before we head to the States. We've realised we left it a bit late so hoping everything can go through quickly.


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## Bevdeforges (Nov 16, 2007)

You and Racheal can exchange personal contact information through the PM (private message) system. But consider that others might be interested in some of the procedural issues, too.
Cheers,
Bev


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## SMYLES (Nov 12, 2015)

Of course. Will keep you up to date. Thanks Bev.


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## ptikobj (Jul 15, 2018)

Hi there, although this thread is a bit old now, I'm curious as to how long it took for your I-130 to be processed through the embassy in London? My wife and I are also looking at this and would like to get a sense for timescales of application processing times.


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