Spouse visa, almost time to apply! Questions o'plenty

Y'all are awesome.  Thanks!  How does anyone ever go through this process without you?  Short of hiring a solicitor, I couldn't do it.  And even then I've read horror stories of that going awry...

A couple of questions for 7 or 8 steps down the road.  When my wife has gathered all of the information on her end and it's time to send it to me, what service do y'all recommend?  And then way down the road, when Sheffield sends my package back to me, will there be a signature required?  Just so I know how to plan, in case I need to take a day off of work.

And just going back to my previous question about my 401(k), what category would that be classed as?  Would that be listed in part 3E, "income from pension and permitted benefits"?  I'm thinking not since it's nothing that I receive payments for, it's a current account that I contribute to each pay period that my employer matches.  It looks more like a 3F section, "cash savings".  Is this accurate?

A couple of questions for 7 or 8 steps down the road.  When my wife has gathered all of the information on her end and it's time to send it to me, what service do y'all recommend?

- She should use an official courier - DHL, UPS or FedEx.

- She should NEVER use any Royal Mail services to send important documents, including Parce Force.

The couriers have their own customs and good tracking services, so the documents arrive quickly and you know exactly where they are.

Royal Mail services go through regular US customs and are likely to be held up. Also you can only track the package reliably until it leaves the UK (though I think you may be able to track it on the USPS website after that).

Several people in the past who have used Royal Mail have had their packages held up in customs for several weeks, and some packages have been lost completely.

  And then way down the road, when Sheffield sends my package back to me, will there be a signature required?  Just so I know how to plan, in case I need to take a day off of work.

There is supposed to be a signature required, but many people have found the package just left on their doorstep without a signature.

And just going back to my previous question about my 401(k), what category would that be classed as?  Would that be listed in part 3E, "income from pension and permitted benefits"?  I'm thinking not since it's nothing that I receive payments for, it's a current account that I contribute to each pay period that my employer matches.  It looks more like a 3F section, "cash savings".  Is this accurate?

A 401K is Category D, Cash Savings.

Category E: Pension Income is for people who are (usually) retired and receive a monthly pension payment. They must have been receiving their pension for at least 28 days and need evidence of the pension amount being paid out each month/year.

The official Financial Requirement guidance states, for what can count under Category D, Cash Savings:

7.4.4. For example, in the UK a ‘stocks and shares’ Individual Savings Account (ISA) does meet the definition of a savings account and the funds can be considered as cash savings if all the requirements above are met. Likewise, a pension savings account from which savings can be immediately withdrawn.

Several people in the past who have used Royal Mail have had their packages held up in customs for several weeks, and some packages have been lost completely.

Lost completely omg, what a nightmare.  Ok thank you for the tip, we were thinking of using Royal Mail.  Not anymore!

Lost completely omg, what a nightmare.  Ok thank you for the tip, we were thinking of using Royal Mail.  Not anymore!

Yeah - don't do it!

A few years ago, my brother had a J1 exchange visa for the US, to work at a summer camp. The visa is issued as a sticker in the passport plus a DS-2019 form that you have to present to immigration every time you enter the US... well, he left his DS-2019 form at home!

He was allowed to enter the US but was given 30 days to present the form to immigration or he would have to leave. My mum then sent it to him using Parcel Force 3-day service... and 28 days later, there was still no sign of it and my brother was in danger of being sent home from the US. In the end, on day 29, he ended up having to travel to Washington DC and getting the US government to issue him with a new DS-2019 form. Two months later, there was still no sign of the form... I imagine it was detained by customs indefinitely.

It was all very stressful and could have all been avoided if my mum had just sent it using UPS or FedEx, meaning it would have definitely arrived within 2 or 3 days (or if he had remembered the form in the first place!).

Be very careful that you follow the guidance exactly and provide evidence that the 401k is instantly accessible. iirc we've had someone tripped up by that before.

Be very careful that you follow the guidance exactly and provide evidence that the 401k is instantly accessible. iirc we've had someone tripped up by that before.

7.4.4. For example, in the UK a ‘stocks and shares’ Individual Savings Account (ISA) does meet the definition of a savings account and the funds can be considered as cash savings if all the requirements above are met. Likewise, a pension savings account from which savings can be immediately withdrawn.

So OK.  I've been slightly worried about this the whole time, just because something like "instantly accessible" and "immediately withdrawn" are open to some subjective determinations.  To me, those terms would be something like a regular checking or savings account, where if I need $200 in cash, I can go to the nearest ATM and get it.  A 401(k) isn't like that, obviously.  I contacted the provider, and here's some snippets of what they sent me...

You can also request an electronic bank transfer (EBT) and have the money sent to that account within two to three business days.

Is this considered immediately available enough?  There are penalties that would be incurred by leaving the plan, but that's fine, I've known that all along; it is what it is in that regard.

If you need a letter regarding your employer-sponsored plan, please send us a specific request via another secure email or call the number provided below.

This, really, has been my biggest worry about the whole 401(k) aspect - proving that the money is fully vested, that I can exit the plan and get my money whenever I want, and that it would be "instantly accessible" enough to satisfy the powers that be.  This letter would lay everything out and clear up any doubts about it.

So I'm going to contact them again and request this letter.  What should I ask them to include?  Some things I've thought of are the fully vested balance when we started the 6 months clock of having the finances (which was April 7th); the fully vested balance when the 6 month clock ended (October 7th); the statement I cut and pasted above stating that the money would be a 2-3 day transfer into my account; and what else?  Should I ask whoever authors the letter to provide a "wet signature"?  For it to be on company letterhead?  I really would hate to come all this way and have THIS be what comes back to bite us.

Anything else I need?  I received a statement that I requested, that shows beginning balance, contributions, account growth, and ending balance for the 6 month period.  I had them go from April 3 through October 12th, just so I was ensured that 4/7-10/7 range was included.  Anything else I should do?

I've thrown together a request to my 401(k) provider, can you let me know if this sounds OK?

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To Whom It May Concern,

I am in the process of applying for a visa to move to the United Kingdom, and part of that process is meeting a financial requirement.  I will be using my 401(k) account to partially meet that requirement, and I am writing to request a letter that states a few things to show that it meets the criteria.

I will be leaving my employer pending the approval of my visa, and at that time will be closing my 401(k) and requesting an EBT into my checking account.

The items that I need included in the letter are as follows:
   - my vested balance as of April 7th, 2017; as well as what the payout amount would have been on that date
   - my vested balance as of October 20th, 2017; as well as what the payout amount would have been on that date
   - how long the EBT will take once the account is closed (should be 2-3 days)
   - a "wet signature" (not digital or stamped) at end of letter

If you have any questions or need further information, please do not hesitate to contact me.


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Does that cover everything that I need?

I've thrown together a request to my 401(k) provider, can you let me know if this sounds OK?

 I've done a quick search of the forum to try to find other examples. Here is a post from someone who was successful using a 401k as cash savings.

They have used the phrase "available for immediate withdrawal" in their letter from their provider which seems much more appropriate to the requirements.

.We are utilizing Cat D - Cash Savings to meet the financial requirement. We have 2 bank verification letters from a 401k account and an IRA account that:
 - Verify we (individually) are customers with said account numbers
 - State when the accounts were opened
 - Authenticate the past 3 quarterly statements by confirm ending balance
 - State the ending balance as of day before letter was written (because Q1 statements are not issued until beginning of April) and this is to show balance within 28 day window of application
- State that funds are available for immediate withdrawal
 - Note that the addresses on the statements are out-of-date but have been updated in their systems

http://talk.uk-yankee.com/index.php?topic=89618.msg1160322#msg1160322

Someone recently applied for FLR(M) from the UK and was using a 401K... UKVI sent them a letter requesting confirmation that the funds were immediately available as the letter from the 401K company did not mention how long it would take to withdraw the funds.

(The letter from UKVI also requested documents that weren’t needed, but the important thing was the 401K letter)

The thread is here:
http://talk.uk-yankee.com/index.php?topic=91054.msg1183283#msg1183283


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OK, I just read through the previous thread about the 401k.  Sounds like it could be a potential nightmare lol.  But thus far I've contacted the company 2 times, and both times they've gotten back to me promptly and have been thorough in their explanations and in the information they've provided.  I will ask them to provide those account details, and stress the importance of them stating the funds are available for immediate withdrawal and that I'm fully vested.  Thank you for the info.

Another question about my wife's bank statements - she has a mixture of official statements that she's arrived in the mail, and plans to print off the others at home and take them in to have them stamped.  Is it ok to have a mixture, or does it have to be all one way?

And do I need to provide my bank statements?  We aren't relying on anything from them  for our financial requirement, so will they need them?

Finally, birth certificates.  Do either of us need to provide those?  Either official or copies?  I don't recall reading anything about them ever, but it's something that came up when we were talking.

Thanks again!

It should be fine for the bank statements to be a mixture as long as they are all either original or stamped.

You don’t need to provide any bank statements from yourself, though if you want, you can send your latest payslip and bank statements to show you are employed in the US.

You don’t need birth certificates... your passports are your proof of ID.


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You don’t need birth certificates... your passports are your proof of ID.

I know I send in my passport when I mail the package off to Sheffield, but we don't send my wife's as well, correct?  Just a certified copy?

I know I send in my passport when I mail the package off to Sheffield, but we don't send my wife's as well, correct?  Just a certified copy?

Correct. Just a certified copy of the photo page of the sponsors passport.

Yep, that’s right - while you could in theory send her actual passport, it’s not recommended in case she needs it while the visa is processing.


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