Pretty confused & need advice on living in both places- if even possible!

Hi there,

I have been a member of this site since 2008, I visit sometimes but have never been able to maintain my presence. Always have thought it great for info though. At this time Im finding it really confusing to figure out what my UK hubs & I need to do to get back to the States with out really "moving there".
To sum it up, I have lived in the UK since 2008 with my UK Spouse, I have ILR & do want to go for citizenship but we also want to go & live in the US for a bit. We still intend to end up here but I need a break/need to be closer to my fam etc for a bit.
I understand that the I-30 is the thing to go for to get the greencard & permanently relocate, I also understand that the k-3 is the visa to go for whilst waiting for I-30 (I THINK?) but I guess my question is-

Is there another option? What if we wanted to spend say...8 months there working  & come back & work ( mainly self employed) & repeat the process for a bit till we can settle here again?

We have always been full time employed here with a flat & done everything we are supposed to do. The only thing I overlooked is fling my US taxes,yikes. . . .

Basically Im pretty lost, I want to research more but just keep going in circles, so just hoping a real person could point us in the right direction or give advice.

This is the 1 site I found which seems a little more clear- well at least less official kind of talk-

http://www.workpermit.com/us/family_visas/spouse.htm

Help please!

Thanks & hope to hear from you!!

Michelle

If you both want to work, even for a short stay of 8 months, then your husband is going to need either a work permit or one of the spouse visas. Those are the only options.

If an employer is willing to sponsor him in the US, then the employer handles the vast majority of the visa paperwork. Your husband will then be called to the Embassy only when he needs to apply.

Otherwise, there are three routes for obtaining a spousal visa to the US. The easiest is called Direct Consular Filing, in which you, as the US spouse, prepare the petition to apply (the I-130) packet and send it directly to the Embassy in London. When the petition is approved, then your husband is notified of what paperwork he needs to gather and given a date to appear at the Embassy, where he'll make his actual application. This route results in either a CR-1 or an IR-1 visa (CR-1 if you're married less than two years and IR-1 if you've been married longer); it is much like the green card and visa rolled into one. He can work right away and a green card is mailed to his US address after he enters the country.

You can also apply for a CR-1/IR-1 stateside, though why you'd want to do this is beyond me as it just increases the length of time of the processing. The last route is you can apply for the K-3 visa, but this is gently being phased out, takes a long time and while it allows multiple entries into the US, it does not allow work -- your husband would have to move to the US and file for adjustment of status once he got there to obtain a green card. In most cases, the K-3 is administratively closed and USCIS continues on issuing an IR-1/CR-1.

Thanks so very much for the info- very clear.

It will be the 1-30 most likely, for some reason that seems like the hardest to me. Its the financial support stuff Im a little concerned about. Im wondering what else counts as assets besides the obvious?
Life Insurance Policies?
Fine Art?

Thanks again, so much better to get another opinion!:)

There's actually really clear official guidance on assets and how to use them. The US is much clearer than the UK in this regard!

What can be used as assets?

Assets easily convertible to cash can be savings, stocks, bonds and property.

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

    The assets must be convertible to cash within 12 months
    The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
    The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

I have read that, thanks. I guess it is not clear to me as I do not have those things- but do have other things- if that makes sense,hence this being worrying to me.

I think it pretty much covers everything; financial assets like life insurance policies with an attached cash value are counted with a dollar value and personal property like real estate or fine art would be counted with a professional valuation. As long as the total is five times the poverty guideline, you should be fine.

I thought if you were applying to sponsor a spouse it only needed to be three times the poverty level.

According to the I864 instructions

29. Total Value of Assets.
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.

 http://www.uscis.gov/files/form/i-864instr.pdf

But am I reading that incorrectly?

I don't think you're reading it incorrectly; I think USCIS is contradicting itself since the info I copied and pasted was from their site, too. Hardly unusual for them.

Well, I guess it is five times for everyone other than spouses or dependent children. 

Well, I guess it is five times for everyone other than spouses or dependent children. 

This...I asked at the Embassy when my husband had his interview last year (out of curiosity) and that is what the Consular Officer confirmed.

Sorry for the late reply, everyone. Thank you so much for the info & taking the time to respond to my post. I really appreciate it, feel like I understand more what our options are- even though I have no idea when it will happen.

Going to keep an eye on Dive into America as well.

Thanks again x

Michelle