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Topic: Moving back to the States with UK spouse  (Read 11764 times)

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Moving back to the States with UK spouse
« on: December 31, 2003, 07:33:42 PM »
Because I had a hard time locating this information, I thought I would share it should someone need it someday ;)
This has been a *fun* bit of info to research!
From what I gather, the US spouse (married and living in the UK with UK spouse) must complete an I-130. The non US spouse must complete the DS-230, then the DS-2001 checklist. The US spouse must also complete an affidavit of support, form I-864.
After finding out about the I-130 and I-864, I also discovered the following helpful page. . .
http://www.usembassy.org.uk/cons_web/visa/iv/ds2001.htm


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Re: Moving back to the States with UK spouse
« Reply #1 on: January 07, 2004, 08:23:53 PM »
Hiya!

A brief intro to myself and my adventure:

Im Sarah (twenty-one), a USC living in Staffordshire UK with my husband, Martin (twenty-eight), a UKC. We've been married almost 2 years now (just a few days off) and Ive been in the UK since July 2001.

In July 2003 Martin and I filed for a spousal visa through DCF at the London Embassy so that we could move to the US together. We've gone through the interview process now with flying colours and are a few months off from making the move to Texas.

I can help answer any questions anyone in a simmilar situation might have about every aspect of the immigration adventure through first hand experience except for the POE (Port of Entry) part, which we've yet to go though. We wont have to go through AOS (Adjustment of Status) because we'll have been married more than 2 years when Martin enters the US on his Visa.

Here's our time line:

07 . 29 . 2003: Sent I-130 to DCF and DS-230 and DS-2001 Checklist to Immigrant Visa Unit, London Embassy.

07 . 30 . 2003: Applications arrived before 8:00 AM Smooth work by Royal Mail.

08 . 11 . 2003: NOA (Approval) for I-130 Petition received. [Day 12]

09 . 13 . 2003: Interview Date Received: October 21 2003, London Embassy UK. [Day 45]

10 . 21 . 2003: The Day of The Interview: VISA RECEIVED! [Day 85]

Early 2004: Moving to Texas


Now that Im all signed up I'll be watching for posts about spousal visas to the US in hopes that I'll be able to help. The best fiancee visa resource that Ive found is www.visajourney.com.

Best of luck and best wishes,
Sarah
« Last Edit: January 07, 2004, 08:25:50 PM by MarsBar »
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Moving back to the States with UK spouse
« Reply #2 on: January 07, 2004, 08:32:00 PM »
Hi Sarah!
Thank you so much for joining and sharing your experience(s)! Glad to know that we have an *expert* to help with answers !!!

I was lucky enough to get in touch with Sarah during a visit to www.visajourney.com - she was kind enough to contact me and I invited her to UKY in the hopes that she would be of help to those of us that will be returning to the States!
Welcome Welcome Welcome!!!
Melissa  ;D


Re: Moving back to the States with UK spouse
« Reply #3 on: January 07, 2004, 10:02:55 PM »
Hi Sarah and welcome. :) Thanks for the offer to help people with questions on the repatriation process. That's really nice of you. I know there's lots of people who will benefit from your experience. I'm still in Texas and haven't even moved to the UK much less repatriated :P but I know your help will be appreciated in this forum by many looking for answers. :) What part of Texas are you moving to?


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Re: Moving back to the States with UK spouse
« Reply #4 on: January 07, 2004, 10:49:51 PM »
Hey ya Sarah - hi as well from visavourney.com - though at that site I am appropriately known as "rank_amateur"... suits me well, I think. :)

Feel free to post in the Introductions board as well, since you might not get seen hiding in here. :)
I'm done moving. Unrepatriated back to the UK, here for good!

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Re: Moving back to the States with UK spouse
« Reply #5 on: January 08, 2004, 10:37:33 AM »
Hello Sara, Melissa 1, and Melissa 2!

Thanks for your warm welcomes. We'll be moving to Katy, Texas (Houston area) to be closer to my mom and step-dad who also live there.

Sarah
« Last Edit: January 08, 2004, 10:37:43 AM by MarsBar »
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


Re: Moving back to the States with UK spouse
« Reply #6 on: January 08, 2004, 07:53:19 PM »
Cool...I'm in Houston. :) But I'm on the opposite side...the east side. :-/ Katy is nice...one of these days I'm going to make it over there to the Katy Mills Mall. :P


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Re: Moving back to the States with UK spouse
« Reply #7 on: January 09, 2004, 02:44:33 AM »
Wear comfy tennis shoes! Its one hell of a walk around that mall and its one big circle, so no short cuts.
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Moving back to the States with UK spouse
« Reply #8 on: January 13, 2004, 05:35:47 PM »
It's actually not that bad.  I'm making a mockery out of it.  I'm just over-zealous and want to leave really bad and for it to happen overnight.  Good things take time. Yes, the process is more complicated than a USC coming here but it's not that bad.   And Yes, I would say there's ** a lot more red tape**  and bureauracy to go through but for us it's definitely worth everyone of my headaches and the absolute right move to make for us and our precious cargo that is a tenant in my body for the next several months.  :D
« Last Edit: January 13, 2004, 08:41:01 PM by NYState_of_Mind »
An appeaser is one who feeds a crocodile--hoping it will eat him last."Forgiveness is up to God. I just hope we hurry up the meeting." 02.08.03, Gen. Schwarzkoph It's the SILENT MAJORITY that COUNTS not the LOUD MINORITY that CONSTANTLY WINES! http://www.leftnuts.com/images/fu_marines1.jpg
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Re: Moving back to the States with UK spouse
« Reply #9 on: January 13, 2004, 05:40:17 PM »
I've heard there are thresholds for income/assets that one must meet in order to bring a UK spouse to the US with you, what are those exactly if anyone knows?


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Re: Moving back to the States with UK spouse
« Reply #10 on: January 13, 2004, 05:50:49 PM »
According to the forms I have (and I''m typing verbatim)

Your assets and those of your qualifying members and dependents may be used to demonstrate ability to maintain an income at or above 125 percent (or 100 percent, if applicable) of the poverty level **if** they are available for the support of the sponsored immmigrant(s) and can readily be converted into cash within one year.  The household member, other than the immigrant(s) you are sponsoring, must complete and sign form....blah, blah...  List the case value of each asset **after** any debts of liens are subtracted.  Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of each asset listed, including any liens and liabilities related to reach asset listed.

TYPE OF ASSET           CASH VALUE OF ASSETS
                                (subtract any debts)
Saving deposits            $
Stocks, bonds, etc.       $
Life insurance cash value $
Real estate                   $
Other                           $
TOTAL CASH VALUE OF ASSSETS =

According to the I-864 FORM on page 4.

Basically assets must be 5 times the 125% poverty guidesline for a family your size. For you two (as an example) it would be would be approximately $18,000 x 5 = $90,000.  If I did my math right.

They just want to make sure you don't become a welfare case.  
« Last Edit: January 13, 2004, 06:06:29 PM by NYState_of_Mind »
An appeaser is one who feeds a crocodile--hoping it will eat him last."Forgiveness is up to God. I just hope we hurry up the meeting." 02.08.03, Gen. Schwarzkoph It's the SILENT MAJORITY that COUNTS not the LOUD MINORITY that CONSTANTLY WINES! http://www.leftnuts.com/images/fu_marines1.jpg
www.protestwarrior.com Proud Member of the V.R.W.C.


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Re: Moving back to the States with UK spouse
« Reply #11 on: January 13, 2004, 10:58:00 PM »
Don't you HATE it when you get unhelpful people? They should have received our applications today, so we are waiting for a case number. I just confirmed that I go to the States this SATURDAY!!!! YEAH!!! Plans changed a little, so I will be there for a month doing a ton of things, then fly back in February to wrap up stuff here, then return to the States in May! I am on a high right now! I even made an appointment with my *hair dude* - no one does my hair like Dave!!!
I was reading over the requirements for the 213A and came up with a different figure. Poverty level for two people (based on a website figure) multiplied by 125% = is the amount one should earn/have in the bank. I will have to go over that one because I came up with an amount lower than what you posted  ??? I think I determined that it was under $20,000.00.
I will re-read when i am *home* YEAH!!!!!!!


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Re: Moving back to the States with UK spouse
« Reply #12 on: January 13, 2004, 11:05:22 PM »
Hey Melissa don't take my numbers to heart.  I am **horrible** at math..  That part I am leaving up to my husband...  He can have that part - gladly..  

Let me know what happens with your case number.  Keep me posted.  Good luck and enjoy your **hair dude** !!  8)
An appeaser is one who feeds a crocodile--hoping it will eat him last."Forgiveness is up to God. I just hope we hurry up the meeting." 02.08.03, Gen. Schwarzkoph It's the SILENT MAJORITY that COUNTS not the LOUD MINORITY that CONSTANTLY WINES! http://www.leftnuts.com/images/fu_marines1.jpg
www.protestwarrior.com Proud Member of the V.R.W.C.


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Re: Moving back to the States with UK spouse
« Reply #13 on: January 14, 2004, 06:18:27 AM »
Hello hello and good god! There's been a lot going on! Ive been away enjoying my 2nd Anniversary and my husband's first flying lesson in a light aircraft! Fun stuff.

Although alot of the questions have already been answered I'll chip in anway.


2003 US Poverty Guidlines
For the 48 Contiguous states, district of columbia, puerto rico, virgin islands, and guam. Hawaii & Alaska are different.


(A) = Household Size     (B) = 100% At Poverty Line     (C) = 125% Above Poverty Line

(A) 2 . . . . . (B) $12120 . . . . . (C) $15150
(A) 3 . . . . . (B) $15260 . . . . . (C) $19075
(A) 4 . . . . . (B) $18400 . . . . . (C) $23000
(A) 5 . . . . . (B) $21540 . . . . . (C) $26925


There's more information in the I-864 Affidavit of Support pdf packet which can be downloaded from www.uscis.gov. These poverty guidlines came into effect on April 1 2003 and are valid until the new guidlines are released in spring 2004. If youre expecting an interview in the spring keep checking for the new guidlines.

I havent found any info specifically for families with babies on the way but the general opinion is that unborn babies dont count towards the household number. I have no idea if thats actually the embassy's view.



Quote
NYState_of_Mind       Posted on: Jan 12th, 2004, 3:05pm

Hi Sarah, I'm also in the process of moving back to NY.  We submitted our I-130 form along with with 325a forms.  I see that you received an application the next day..  Now I'm wondering why I didn't...


What I meant by " 07 . 30 . 2003: Applications arrived before 8:00 AM Smooth work by Royal Mail. " was that we'd sent our petitions (applications) by next day registered post so I could know they arrived. Indeed they did arrive at the Embassy the next day.

Quote
NYState_of_Mind       Posted on: Jan 12th, 2004, 3:05pm

The NOA that you received on 8/11 is that the same letter I received?  Also as far as I know the next forms I need to fill out are I-864?  What is the DS-230/2001?

Also you didn't mention the police certificate by Scotland Yard.  How long did that take you to get?


The NOA that I got on 8/11 is the same thing that you got. Eventually you'd get Packet 3, which Ive seen mentioned, in the mail with instructions. I did a lot of research before I sent anything off in the post so I knew I could save time if I sent the DS-230 Pt I and checklist off on the same day as the I-130. DS-230 Pt I & II are supposed to be filled out by the immigrant but Im a form-junkie so I filled them out (with a strange glee in my heart) but had him sign them. No need to check any of the boxes that said you helped if you filled them out - as if the immigration officers need to know.

You'll need the I-864 for your interview (dont worry about having it notarized - they do that for you on the day).

I got my husband's police certificate almost 1 year to the day before his interview. I thought we might have to get a new one but the embassy assured me that it was good for 1 year for visa purposes and we didnt have any problems with it on the interview day. I think it cost £10.00 and took around 30 days. At the moment they're sometimes taking almost 40 days. You can pick up a form at your local police station. Its the forum  for a criminal/conviction history.

On Vaccination History:

We went to a great spree to try and track down martin's vaccination history. We eventually had the nurse at our doc's write down what was on his file, the date he had the shot, and what it was, on letter-headed paper. All he needed was tetanus/dipthyeria (sp?) and MMR. He got the T/D at our doc's and the MMR at the surgery in London - it cost about £40 I think. No problem :) And you get a nifty x-ray of your spouse's chest as a parting gift. Too bad you cant rip into it and frame it as a conversation piece. You have to give it to immigration at the POE.


Quote
Posted by: NYState_of_Mind       Posted on: Jan 13th, 2004, 1:42am

(3) For documents supporting our applicant (passports, birth certificate, marriage certificates, etc.) it states: Please obtain the original documents or certified copy.....  There's no way I am submitting the originals in the mail of our marriage license, birth certificates or passports.  Will getting the copies notarized ok?  Will this suffice?  How did you handle this one?  I'm not much on legal stuff but I do think notarized is different from certified?  Then it states " Do not send any documents to the Embassy. You will need to bring all your original documents, or certified copies, plus one photocopy to the immigrant visa interview."  But don't you need to submit the supporting documents with the DS230 form?

(4) Then on Part II of the DS230 form it states "The fee should be paid in US dollars or local currency......how much is this?  The only question you can't fill out on Part II of the DS230 form is nubmer 35?  I read that Part II should not be filled out until the interview?  But wouldn't it state that?  Like it states Do Not Write Below The Following Line. The consular officer will assist you in asnwering item 35  Just makes sense.



All you need to do is obtain originals or certified copies of what they ask. Send photocopies with the applications and save the originals for the interview. Also provide photocopies of everything at the interview - photocopy paperclipped to the back.

The visa fee is payable in US Dollars on the day of the interview. They have a lazy-assed chashier there who accepts major credit cards - which will do all the money exchange for you. The credit card can be US or UK - doesnt matter. You can find current exchange rates at www.x-rates.com.

DS-230 Pt II must be signed in the presence of a counsular officer, in otherwords you do that at the embassy. I think its one of the first things you do, as I recall. Fill everything out BEFORE the interview though - it saves time. Just dont sign it.


Best wishes to all,
Sarah
« Last Edit: January 14, 2004, 06:25:18 AM by MarsBar »
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Moving back to the States with UK spouse
« Reply #14 on: January 14, 2004, 11:41:49 AM »
Sarah phew you made tired reading all of this...  Thanks for taking the time and clearly stating everything.  It's appreciated.  Happy Anniversay too!!  

;D See Melissa as for the poverty level thing, I have no clue where I came up with that number.  [smiley=laugh4.gif] Math and me along with my hormones make it for an interesting combination.   [smiley=laugh4.gif] I definitely need to go back and see how I came up with that number..I need a good laugh.
« Last Edit: January 14, 2004, 11:43:57 AM by NYState_of_Mind »
An appeaser is one who feeds a crocodile--hoping it will eat him last."Forgiveness is up to God. I just hope we hurry up the meeting." 02.08.03, Gen. Schwarzkoph It's the SILENT MAJORITY that COUNTS not the LOUD MINORITY that CONSTANTLY WINES! http://www.leftnuts.com/images/fu_marines1.jpg
www.protestwarrior.com Proud Member of the V.R.W.C.


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