# Plans to move from UK to USA



## TerryCopland (Jun 30, 2012)

Me (British) Wife (American) - currently completing Indefinite Leave to Remain - having spent 5 years in the UK. In the future we will be looking to potentially move to the USA. I don't understand how the I-864 affidavit of financial support works. Obviously my wife and I live and work here, so as a sponsor she would have $0 income in which to use to support this? Is this just me or does that sound ridiculous that they expect you to prove financial support when you aren't in the country? Her Parents are unlikely to be able to prove the financial support either. So not sure where that leaves us? Would it be to try and use household assets of her parents? or our household assets?

Any Help/Advice welcome


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## Crawford (Jan 23, 2011)

Yes you can use your savings/investments in lieu of income. 

This means 3 times the income requirements. The requirement for income is based on the 125% of US poverty level (see below). So for a 2 person household that works out at around 20K USD x 3 = 60KUSD

https://aspe.hhs.gov/poverty-guidelines

OR
Your wife either moves to the US, gets a job and then you apply for the visa

OR you obtain a joint sponsor (family/friends) who live in the US.

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

All assets/savings/investments must be readily available for use.

Are you aware that, even with ILR, if out of the UK for two years or more, your wife's ILR will likely lapse, and should you wish to return to the UK you would need to start the immigration process over again.


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## TerryCopland (Jun 30, 2012)

Many thanks for your swift response,

When you mention readily available - not clear on if that means equity within a house. (We have c. £40k equity in a house in the UK - but would consider not selling immediately and renting out - would this be classified as readily available?

Similarly does it mean that Rachel's parents could use their equity on their house as evidence?

In regards to ILR, if we were to delay a move to the USA and wait for completion of the ILR and wait a further 12 months in order to qualify for citizenship/Naturalisation - Am I right in assuming that we would be free to come and go from the USA as we pleased (given that she would be a dual citizen?)


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## Crawford (Jan 23, 2011)

Taken from guidance notes for I-864 

_Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.
Form I-864 Instructions 07/02/15 N Page 9 of 16
You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include
the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the
home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset_

Personally, I would understand from the above that, unless you can sell your property within the year, and not have financial or considerable hardship by doing so, you cannot use equity in your home as an asset to qualify under the financial requirements. Having to sell one's home is going to lead to considerable hardship. Similarly with your house in the UK - using it as a rental is going to make it not immediately available, and would incur hardship for your renters.

Yes, if your wife obtains British citizenship then she can come and go as she pleases from and to the UK.

https://www.uscis.gov/i-864


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## twostep (Apr 3, 2008)

Assets have to be able to be converted and the funds sent to the US within one year. Not possible for some countries but no problem with UK.


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## ALKB (Jan 20, 2012)

TerryCopland said:


> In regards to ILR, if we were to delay a move to the USA and wait for completion of the ILR and wait a further 12 months in order to qualify for citizenship/Naturalisation - Am I right in assuming that we would be free to come and go from the USA as we pleased (given that she would be a dual citizen?)



As you are British, she would not need to wait for 12 months and could apply for naturalisation as soon as ILR is granted.

Personally, I would definitely get naturalised before any move abroad. ILR lapses after two years not being resident in the UK and in that case she would have to start the spouse visa process from scratch would you want to move back to the UK.

As a naturalised British citizen she would be able to return whenever she wanted to.


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