# Bringing Spouse to US from UK



## meganf0412 (Mar 11, 2014)

Hi everyone,

I've read some similar threads here, but nothing quite answered the questions for our situation, so apologies if I missed the answers in another thread.

I'm a US citizen living in the UK since late 2014. My husband (British) and I are looking to move back to the US asap. I know the process is lengthy and my two main concerns are that we aren't separated for too long, and that the process in general is as quick as possible. Another element is that I want to get back to the US sooner rather than later if possible.

We've been looking at applying for the I-130 while I'm still in the UK via the embassy in London. My questions are:

1) Can I apply via London within the next few weeks, and then move back to the US while waiting on the decision? I am eager to move back and start saving money. Since we are currently based in London, we have been unable to save much with all our outgoing costs. In the US I can move home for a spell and get a job and savings much quicker.

2) Can my spouse visit me in the US once things are under way? He will keep his job in London until we get the green card, but will it be a case of me only visiting him or will he be able to enter the US as long as there is proof of UK return within a week or two max? Is there a point when he can no longer visit? 

If not I may just move back to the US and apply there. However my fear is that this will massively slow down the process. 

Sorry for being long winded. Any insights really appreciated!


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## twostep (Apr 3, 2008)

You basically have two options:
DCF Direct Consular Filing in London which is the fastest and least painful way as long as you have your documentation in pristine order and no skeletons in closets.
CR1 allows you to return to the US asap and file for him.

If money is an issue - does it make sense to fly back and forth?


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## meganf0412 (Mar 11, 2014)

twostep said:


> You basically have two options:
> DCF Direct Consular Filing in London which is the fastest and least painful way as long as you have your documentation in pristine order and no skeletons in closets.
> CR1 allows you to return to the US asap and file for him.
> 
> If money is an issue - does it make sense to fly back and forth?


Thank you for your reply! 

I guess I'm just wondering where I can get more information on the exact process for DCF Direct Consular Filing. I've seen a few threads on other websites but they're a few years out of date and I want to make sure I've got the complete picture. The official website can be a bit wordy and not very specific to our case. 

Some other questions:

1) What do you mean by skeletons in the closet? We don't have any criminal history on either side if that's it? 

2) What is the process time average from London? Because it looks to me from timelines I've read online that it's 3 months and under but I don't know if that's under estimating it.

3) Once I file I-130 here in London can I move back to the US while my spouse waits in London for the response? 

Basically if the whole process is under 3 months than I would stay here and do it that way of course, however I don't know how I would meet the financial requirements if I haven't moved back to the US to find a job, so I'm weary of this option.

Thanks again for any help.


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## twostep (Apr 3, 2008)

uscis.gov is the official US immigration site
travel.state.gov is also an official US site and it feeds into uscis.gov

DCF https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

Affidavit of Support - you can always fall back on a co sponsor

US immigration is not speed dating. It takes as long as it takes. A missing document, US or local holidays, issues with vaccinations, missing an appointment, .... What I have heard recently runs between 6-18 months.


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## meganf0412 (Mar 11, 2014)

twostep said:


> uscis.gov is the official US immigration site
> travel.state.gov is also an official US site and it feeds into uscis.gov
> 
> DCF https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
> ...


... I am aware it isn't speed dating. I do genuinely thank you and all other mods and everyone who puts their time into these threads, but I am just asking because I don't know and I'm having trouble finding the information on the official website. Apologies if I am misreading, but your responses have seemed unnecessarily condescending. 

I had so much help from the UK forum which I can't begin to thank everyone for but honestly if this is how the US forum is run I'll go elsewhere.


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## twostep (Apr 3, 2008)

You will not find information about timelines on official sites because there are none. At least I have not been able to find any so far. Too many factors come into play. The visa bulletin on travel.state.gov gives some historic numbers. Remember the government employee furlough? It threw a cog of 6 months into the system. An election year can go both ways. 

Your options are DCF, CR1 and K3 which is running at CR1 timelines right. I strongly recommend reading all the small print on K3 before even considering it.

https://travel.state.gov/content/visas/en/immigrate/family.html
https://uk.usembassy.gov/visas/fami...rried-child-under-21-parent-of-a-u-s-citizen/


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## BBCWatcher (Dec 28, 2012)

OK, I think we can make this simpler: Direct Consular Filing. The only differences between DCF and non-DCF are: (a) where you send the I-130 petition (the embassy in London instead of the Post Office box in Chicago); (b) the speed of I-130 processing (faster in London).

So, start with that. You will need to file I-130, a pair of G-325As (one of you, one for your spouse), G-1145, and the filing fee. Nothing financial is assessed in an I-130. After filing I'd wait a couple months then head to the U.S. to start work and get your financial situation under control (and ready for the next phase) -- and yes, that'll mean some separation from your spouse. Your spouse can start, now, to fix any gaps in his vaccinations (or medical documentation thereof). He'll need to meet all the requirements in the CDC's adult immunization schedule. If he can't provide adequate medical documentation of having had any required immunization, he'll need to get a new one to fill the gap.

What exactly do you mean by "limited savings"? Can you and your husband, combined, demonstrate at least US$100,000 in reasonably liquid assets? If you can you should be able to clear the financial sponsorship part of the process (which comes after the I-130 approval), even if you don't have an income.


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## meganf0412 (Mar 11, 2014)

BBCWatcher said:


> OK, I think we can make this simpler: Direct Consular Filing. The only differences between DCF and non-DCF are: (a) where you send the I-130 petition (the embassy in London instead of the Post Office box in Chicago); (b) the speed of I-130 processing (faster in London).
> 
> So, start with that. You will need to file I-130, a pair of G-325As (one of you, one for your spouse), G-1145, and the filing fee. Nothing financial is assessed in an I-130. After filing I'd wait a couple months then head to the U.S. to start work and get your financial situation under control (and ready for the next phase) -- and yes, that'll mean some separation from your spouse. Your spouse can start, now, to fix any gaps in his vaccinations (or medical documentation thereof). He'll need to meet all the requirements in the CDC's adult immunization schedule. If he can't provide adequate medical documentation of having had any required immunization, he'll need to get a new one to fill the gap.
> 
> What exactly do you mean by "limited savings"? Can you and your husband, combined, demonstrate at least US$100,000 in reasonably liquid assets? If you can you should be able to clear the financial sponsorship part of the process (which comes after the I-130 approval), even if you don't have an income.


Thank you, that's a really helpful start! I'm new to US visas and it's really helpful to have things broken down into the simplest of terms. 

As for limited savings... definitely mean much less than 100k (minus off most of that in fact unfortunately). To put it into perspective we earn a combined income of roughly £50,000 per year here in London, so just breaking even. 

Am I mistaken that once I receive NOA 1 back I can immediately move to the US and find full time employment? That was my plan. Also I've read that the minimum isn't much above the poverty line (for a 2 person family just under $21,000 was what I read). If need be we would initially be moving in with my Mom & Step Father who have no issues co-sponsoring us but if we don't need the extra paperwork obviously would prefer to sponsor him myself. Am I incorrect in assuming that would be sufficient (assuming they make a decent living and own their house etc?)

Again, thanks in advance!


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## BBCWatcher (Dec 28, 2012)

meganf0412 said:


> Am I mistaken that once I receive NOA 1 back I can immediately move to the US and find full time employment?


You can, but you're a U.S. citizen. You can enter the United States and work there any time you wish. Your husband will eventually need financial sponsorship -- it's a prerequisite for a visa (but after the I-130 phase). If you can land a job right away and get some solid earnings evidence, great.



> Also I've read that the minimum isn't much above the poverty line (for a 2 person family just under $21,000 was what I read).


Correct, but read on.... But that's the visa minimum. Your lifestyle aspirations are presumably greater. You still ought to give _some_ weight to that, and thus be somewhat flexible in when you relocate. Greater timing flexibility and more searching opportunity likely means a better job with a higher income.



> If need be we would initially be moving in with my Mom & Step Father who have no issues co-sponsoring us....


That's fine, but then the household size has grown, and the minimum financial threshold grows with it. You've cited the minimum income figure for a two person household. If you're going to be living with two other adults that's a four person household. (Or maybe larger if there's anybody else under that roof.)


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## meganf0412 (Mar 11, 2014)

BBCWatcher said:


> You can, but you're a U.S. citizen. You can enter the United States and work there any time you wish. Your husband will eventually need financial sponsorship -- it's a prerequisite for a visa (but after the I-130 phase). If you can land a job right away and get some solid earnings evidence, great.
> 
> 
> Correct, but read on.... But that's the visa minimum. Your lifestyle aspirations are presumably greater. You still ought to give _some_ weight to that, and thus be somewhat flexible in when you relocate. Greater timing flexibility and more searching opportunity likely means a better job with a higher income.
> ...


First and foremost: Thank you for the info! 

Secondly, and sorry if this is a completely naive question: if all the rules are met 100% (even if just a little over the minimum) can they still deny us? I only have experience with UK visas and the rule of thumb is if all rules are met, your spousal visa is approved. Is it more grey area / case-by-case coming to the states? 

My Mom & Step Father earn roughly $70,000 per year, plus they own a big house. For a family size of 4, would this meet the requirements? Especially considering the fact that we would have entirely free accommodation. My worry is that we don't have savings to add to this. 

Alternatively if I secure a permanent job earning minimum $25,000 (I was earning more thank 10k more than this in the UK, but given the area I'm moving to in the US I think this is a safe minimum to guess from previous experience.) would this be sufficient for a 2 person household or would this be too close to the minimum? (Taking into account we would have free accommodation on top of that still.)


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## BBCWatcher (Dec 28, 2012)

meganf0412 said:


> ....if all the rules are met 100% (even if just a little over the minimum) can they still deny us?


Hypothetically, yes. As with practically every country, there are administrative standards in assessing and deciding visa applications, but such decisions are discretionary. Realistically your husband would have an extremely high probability of visa approval if you and he meet all the requirements and if he is not a security threat, for example.



> My Mom & Step Father earn roughly $70,000 per year, plus they own a big house. For a family size of 4, would this meet the requirements?


It would, yes.



> ....would this be sufficient for a 2 person household or would this be too close to the minimum? (Taking into account we would have free accommodation on top of that still.)


It doesn't meet the minimum for a four person household, which is what you would have if you live with your parents. Yes, this seems odd, but there is some logic to it. The State Department is looking for a qualified financial sponsor (or sponsors). If neither of your parents is a financial sponsor, and you are, then the State Department can only consider your income (for the income test) since that's all that's being pledged (with legal commitment and recoverability of that income/wealth if the immigrant becomes a burden to the government). The household size is 4 (living with your parents), and so you'd have to demonstrate sufficient income to meet that 4 person household size. You're not a 2 person household within a 4 person household -- you're a 4 person household, full stop. The minimum income figure would then be (if my math and the table is correct) $30,313 (2016 figure). If, on the other hand, you have your own, separate household (not living with your parents, rent free or otherwise), then you have a 2 person household (assuming no children) and need to meet an income threshold of $19,913.

So, if you get a $25,000/year job, you can either live in a separate home with your husband and qualify as the financial sponsor on your own....or you can live rent free (if that's the offer) with your parents but then one of them would have to volunteer to be a financial co-sponsor since the household is 4 persons -- and volunteering to be a financial co-sponsor is decidedly not "free." It's a serious commitment. And these are just the visa figures. Ideally you'd be trying to land a job that pays more than $25K.


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## twostep (Apr 3, 2008)

Income requirement for cosponsors depends on number of dependent on the annual tax return. Explain the responsibilities they are taking on for ten years to them.

Your living arrangements/expenses have no bearing on your petition.


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## meganf0412 (Mar 11, 2014)

BBCWatcher said:


> So, if you get a $25,000/year job, you can either live in a separate home with your husband and qualify as the financial sponsor on your own....or you can live rent free (if that's the offer) with your parents but then one of them would have to volunteer to be a financial co-sponsor since the household is 4 persons -- and volunteering to be a financial co-sponsor is decidedly not "free." It's a serious commitment. And these are just the visa figures. Ideally you'd be trying to land a job that pays more than $25K.


Sorry one last question (for now): Hypothetically if I were to rent out the bottom floor of my Mother's home, and have a tenancy agreement drawn up etc... would I then be able to file as a 2 person household? There is an entire floor with a separate apartment upstairs where they live so would this be a viable option? 

And yes, $25,000 is the worst case scenario of what I would be looking for as full time employment, but I want to make sure that I cover all my bases. 

(Thank you a million times over for putting up with all the questions!)


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## Sardonicus (Mar 23, 2015)

meganf0412: see DM


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## twostep (Apr 3, 2008)

meganf0412 said:


> Sorry one last question (for now): Hypothetically if I were to rent out the bottom floor of my Mother's home, and have a tenancy agreement drawn up etc... would I then be able to file as a 2 person household? There is an entire floor with a separate apartment upstairs where they live so would this be a viable option?
> 
> And yes, $25,000 is the worst case scenario of what I would be looking for as full time employment, but I want to make sure that I cover all my bases.
> 
> (Thank you a million times over for putting up with all the questions!)


Rental income is taxable. Fake contracts an backfire.


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## meganf0412 (Mar 11, 2014)

twostep said:


> Rental income is taxable. Fake contracts an backfire.


What does that mean that rental income is taxable? 

Also in terms of fake contracts, I wasn't planning on faking one. I was planning on have my mother & stepfather be our landlord as they have an empty floor in there house with an apartment set up and a separate entrance. They would rent it to us for a reasonable price but with a legally binding contract as anyone else would. Would that be seen as an issue?


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## BBCWatcher (Dec 28, 2012)

If you pay rent then the rental income (to your parents) is taxable. They would have to report that income on their income tax returns. Whether that income is actually _taxed_ is a separate question and depends on other factors.

So if they want to let you live rent free, that's fine. They save some tax-related paperwork.


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## meganf0412 (Mar 11, 2014)

BBCWatcher said:


> If you pay rent then the rental income (to your parents) is taxable. They would have to report that income on their income tax returns. Whether that income is actually _taxed_ is a separate question and depends on other factors.
> 
> So if they want to let you live rent free, that's fine. They save some tax-related paperwork.


Thank you for the clarification regarding the tax!

I don't think they'll mind that rent money being taxed but I'll make sure they understand. My problem with living rent free is that then my household size would jump to 4 even though I'd be living for all intents and purposes in an apartment of 2 and my income alone might not cover a household of 4. Or am I misunderstanding?


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## BBCWatcher (Dec 28, 2012)

No, it appears (upthread) I stand corrected on that household size point, assuming at least you are the only financial sponsor.

Again, a reminder: household size, financial sponsorship, etc. are not assessed during the I-130 filing/approval phase. Get that out of the way, now, if you're in a hurry.


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## twostep (Apr 3, 2008)

meganf0412 said:


> Thank you for the clarification regarding the tax!
> 
> I don't think they'll mind that rent money being taxed but I'll make sure they understand. My problem with living rent free is that then my household size would jump to 4 even though I'd be living for all intents and purposes in an apartment of 2 and my income alone might not cover a household of 4. Or am I misunderstanding?


See first paragraph under header Income Requirements.
https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support


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## meganf0412 (Mar 11, 2014)

twostep said:


> See first paragraph under header Income Requirements.
> https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support


Thank you twostep, so living rent free would automatically make our household size 4 then. 

After reading that though I am still unclear if I was renting a separate apartment within the same building (i.e. paying rent, with a legally binding contract, nothing 'faked') will this definitely mean our household size is 2 as long as we provide a contract? 

If it's an unknown grey area I don't want to risk it is all. It would just save us a lot of money initially. 

Granted as BBCWatcher said we're going to send our I-130 off in the next week regardless but definitely want to have a plan of action sooner rather than later in regards to the financial requirements so thank you for putting up with all the back and forth.


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