Author Topic: Moving from UK to US Without Renewing Spouse Visa  (Read 388 times)

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Offline hhill260

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Moving from UK to US Without Renewing Spouse Visa
« on: July 13, 2016, 10:51:43 PM »
It's been absolutely ages since I've posted on this forum. When my husband and I were applying for my UK spousal visa, I used this site to get information and everyone on here was really helpful and friendly. I hope that this is the right place to post this! Here is the situation that we have found ourselves in.

I (USC) moved to the UK a little over a year and a half ago after I had married my husband (UKC) in the US. We decided that we were going to start our lives together in the UK and have been super happy with the decision. We are now looking at moving to the US without me finishing my spousal visa and getting IDR. We know that we would have to reapply for a UK visa if we ever decided to move back to the UK but think that we will be in a much better position to start our lives (get a house, start a family, etc) in the United States. I would need to reapply for a visa in July of next year but would like to move this fall.


Here is my question:
- Do I need to inform anyone that I am leaving the UK (UK Border Agency, etc), as I don't want to extend my spousal visa? Or can I just get on a plane and move back to the United States?

Thank you for any kind of help that anyone can provide.

Offline ksand24

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Re: Moving from UK to US Without Renewing Spouse Visa
« Reply #1 on: July 13, 2016, 10:58:24 PM »
Here is my question:
- Do I need to inform anyone that I am leaving the UK (UK Border Agency, etc), as I don't want to extend my spousal visa? Or can I just get on a plane and move back to the United States?

Nope, you don't need to do anything - just get on a plane and move back to the US :).

Offline hhill260

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Re: Moving from UK to US Without Renewing Spouse Visa
« Reply #2 on: July 13, 2016, 11:11:49 PM »
Thank you so much!

The move is a big scary one but one that I think will be the best for us in the long run. We don't see the point in spending almost another thousand pounds to renew a visa if our hearts aren't in living in the UK.

I'm sure that I'll post with more questions as we traverse the US visa/green card process as well. I'm not looking forward to the prospect of having to work and live apart from my husband for so long while we wait to meet the US financial/domicile requirements but it's what has to be done at the end of the day.

Thank you again for your quick and helpful reply!

Offline ksand24

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Moving from UK to US Without Renewing Spouse Visa
« Reply #3 on: July 13, 2016, 11:28:42 PM »
No problem :).

As long as your visa is still valid and you don't overstay before leaving, there's no issue - you just leave.

The FLR(M) visa is also now more than £1,000 - the visa itself is £811, but there's a mandatory £500 NHS surcharge now, which brings the total to £1,311.

Just be aware though that a US spousal visa for your husband takes a minimum of 6 months, with an average of 8 months, to be processed. They recommend that you start the visa process about 10 months before you wish to move.

If you can qualify for DCF filing so you can apply in the UK, which is a bit faster than the regular processing time if you file from the US, I believe you will need to be here in the UK for that.

You can use a co-sponsor to meet the US visa requirements, so if you have a friend or family member who makes enough to sponsor your husband, you might not need to move back without him to work.


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« Last Edit: July 13, 2016, 11:29:53 PM by ksand24 »

Offline hhill260

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Re: Moving from UK to US Without Renewing Spouse Visa
« Reply #4 on: July 13, 2016, 11:50:17 PM »
Thank you again for those details!

We don't have someone who would be willing to sponsor us unfortunently so I am under the impression that I will need to have 6+ months of US based income over 125% of the poverty line. Do you know if we would need to have this evidence if we were applying with DCF?

Sorry for all the questions. Everywhere online I'm looking at is very confusing with conflicting information.

Offline ksand24

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Re: Moving from UK to US Without Renewing Spouse Visa
« Reply #5 on: July 14, 2016, 08:05:22 AM »
We don't have someone who would be willing to sponsor us unfortunently so I am under the impression that I will need to have 6+ months of US based income over 125% of the poverty line.

From what I've found so far, it says that if the income reported on your tax return for the year is below the poverty guidelines you need to provide:
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Evidence of income    
If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax return reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include the following documents:

For those who are employed by an individual or company, submit a photocopy of an employment letter, pay stub, or pay advance (direct-deposit receipt) that meets the criteria below:

-    Includes your name and the company’s name;
-    Is on signed, business letterhead (you cannot sign the letter yourself); and
 -   Is issued within the last three months.
(https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html)

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Do you know if we would need to have this evidence if we were applying with DCF?

I'm pretty sure the only difference between doing DCF and applying in the US is that they process the I-130 Immigrant Petition a bit faster (in 2-4 months, rather than 4-6 months or longer if applying in the US).

As far as I know, all the documents and evidence are the same, regardless.

Though, if you do DCF filing you have to show you are legally residing in the UK at the time you apply (you must have been living continuously in the UK for at least 6 months at that time) and that you will be remaining in the UK for the entire visa processing time (6-10 months) - you may have to attend an interview at the embassy while the petition is processing to confirm this (which is different to the actual visa interview).

So if you've gone back to the US to work, I don't think you will qualify for DCF because:
a) you won't be living in the UK anymore,
b) you won't have been in the UK continuously for the last 6 months
c) you will presumably have to leave again to go back to work in the US.

This site seems to have a good step-by-step guide:
https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition/file.html

Also see the US Embassy London site:
https://uk.usembassy.gov/visas/family-immigration/