# Moving to the UK on Spouse/Settlement Visa: NEED ADVICE!



## Librahope (Oct 4, 2008)

Hello!

As the title of this thread suggests, I will be (hopefully) moving to London with my British husband sometime this coming spring. A little background: we met and married in the US, and have been living together in New York since 2005. We will have been married for 4 years in March- and after that 4 year mark we will apply to move to the UK. He is planning on returning to England in March to secure accomodations first, at which time I will file for my immigration. Does anyone have any information regarding how long this visa process generally takes through the NY office?

My other concern is this: I will be coming to the UK (most likely) unemployed. I will try to arrange for some interviews but will most likely not have secured employment at the time of my Visa Application. And as my husband and I will be moving at roughly the same time, the same will also be true for him. He is a musician and a music teacher, and he lived and worked comfortably in london for 10 yrs before moving to NY. He has many connections and will most likely be able to pick back up where he left off... He will also be looking for a full time job to supplement our income- at least while we are getting re-settled. We will likely have about $10,000-$15,000us in savings at the time of our move. Does anyone have experience with this situation to know if this will be a sufficient amt to show that we will not be recourse to the public funds? 

Additionally, has anyone else had a similar situation with renting an apartment? As we are international tenants and seeking employment, I would imagine that a guarantor would be recommended... My father in law has agreed to be our guarantor if necessary, but I am also wondering if it is typical for a landlord to require a few months rent in advance beyond the first month's rent and deposit. Also, any recommendations of good letting agents in london would be greatly appreciated.

Thank you greatly in advance for any help or advice that can be provided!
Regards,
Megan


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## marcusb (Oct 6, 2008)

1) As a British citizen your husband wont have to show any funds to return home. He can recourse on public funds if he needed to.
2) As his wife, you won't have to show earnings either. You just need to show the documentation supporting your marriage - marriage certificate, bills in joint name or at the same address, wedding photos etc. Doesnt hurt to have a little more information than they would normally request.
I dont know how long the spousal visa application takes in NYC, sorry.
Re: London flats its very unusual to need a guarantor, but if neither of you has full time employment maybe its wise. Its also not usual to give more than your deposit and first months rent as the initial payment, but if the letting agent / landlord is a bit tentative on your application, surely the offer to put more cash down will sway them!

Good luck!


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## Fatbrit (May 8, 2008)

Librahope said:


> We met and married in the US, and have been living together in New York since 2005. We will have been married for 4 years in March- and after that 4 year mark we will apply to move to the UK.


Off at a tangent I'm afraid -- but an important one, I believe. Husband should consider naturalizing as a US citizen before you leave. Then you'll have no issues should you elect to return one day.


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## Bevdeforges (Nov 16, 2007)

Fatbrit said:


> Off at a tangent I'm afraid -- but an important one, I believe. Husband should consider naturalizing as a US citizen before you leave. Then you'll have no issues should you elect to return one day.


One small caveat here - if the husband becomes a US citizen, he will be signing up for filing US tax returns for the rest of his life. While most "earned income" may wind up being excluded from taxation, it is something to consider before taking the Big Step simply for the convenience of "maybe someday" moving back to the US.

OK, being married to a non-resident alien, the wife will be subject to filing on her own - married filing separately, which has its own advantages and disadvantages especially when filing from overseas.
Cheers,
Bev


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## Librahope (Oct 4, 2008)

Fatbrit said:


> Off at a tangent I'm afraid -- but an important one, I believe. Husband should consider naturalizing as a US citizen before you leave. Then you'll have no issues should you elect to return one day.


Thank you, everyone, for your help.
Two quick questions, though: 
1) Would he actually be able to file for naturalization as he's only been in the states for 4 years and is still technically adjusting his permanent residence status (came here on a fiance visa).
2) Is the fact that he's abandoning his immigration case going to pose a problem for him when we come back to the states to visit my family? Will they see that his visa/greencard is expired and bar his entry? if so, what steps should we take to ensure that after we've moved, he can still come to the US on the visa waiver program.....


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## Fatbrit (May 8, 2008)

Librahope said:


> Thank you, everyone, for your help.
> Two quick questions, though:
> 1) Would he actually be able to file for naturalization as he's only been in the states for 4 years and is still technically adjusting his permanent residence status (came here on a fiance visa).
> 2) Is the fact that he's abandoning his immigration case going to pose a problem for him when we come back to the states to visit my family? Will they see that his visa/greencard is expired and bar his entry? if so, what steps should we take to ensure that after we've moved, he can still come to the US on the visa waiver program.....


1/ He can apply for naturalization 90 days before the third anniversary of him becoming a permanent resident. It's irrelevant whether or not there is a condition on that card. You'll find the date printed on the front of the card as "Permanent resident since:". If you have already filed the I-751 to remove conditions, this will force them to adjudicate it now, since they will have to complete this before his N-400. How long the N-400 takes depends on where you file, but they've sped them up a lot since the bulge last year when they put the fees up and everyone filed to avoid the increase.

2/ I see so many move away and then decide to move back again -- that's why I suggest he naturalizes. If you have to leave before he does so, he can continue to use his green card until CBP try to get him to sign it away on entry. He doesn't have to sign it away -- judicial review is available.

There is a form to formally relinquish it, but I really don't see the point unless he's doing it to avoid taxes. Your earnings have to exceed $200k to hit the point where it becomes a more complicated paperwork exercise and could start costing money.

As I said, best bet unless he expects to have very high earnings is to naturalize before he leaves. Second best is to keep his green card until he has been deemed to have abandoned his status.

Right of entry is as follows:
USC -- generally unconditional
PR -- judicial review
everyone else -- whim of the CBP officer on the day


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## tkknud (Oct 22, 2008)

I am moving with my wife to the UK next year. I overnighted my spouse settlement application on a Saturday and I was e-mailed an approval on Tuesday - TWO BUSINESS DAYS. I was shocked. With regards to the 10-15K savings - I would say 10K is a little light unless he already has a job lined up so it would be safer to include credit card availability, proceeds from selling a house, car etc. Show anything and everything.


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