Marrying in US v UK and financial requirements

Hi,

I have been browsing the forum but I couldn't find the exact answers I was looking for.

My boyfriend (U.K. citizen) and I (US citizen) have had a relationship for the last year and a half. We are living in our respective countries. We would like to get married and start a life together in the U.K. Which would be the better route (financially, logically) to take- marrying in the US or the U.K.?

I also have concerns re the financial requirements. We both have a son of our own from previous relationships and I would like my son to come with me there. My boyfriend is an independent contractor who at times goes through short periods or little or no work. In what cases do they consider my income for the financial requirement? I work full time and make significantly more than he does. I have about $11,000 in savings. Can you count a 401K toward the income requirement? Or do they consider his income ONLY for the past 6 months? Does he need to find another job and apply 6 months after he would meet that income requirement? This is all very confusing.

I apologize if these topics have been answered before.

Thank you all.


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Hi,

I have been browsing the forum but I couldn't find the exact answers I was looking for.

My boyfriend (U.K. citizen) and I (US citizen) have had a relationship for the last year and a half. We are living in our respective countries. We would like to get married and start a life together in the U.K. Which would be the better route (financially, logically) to take- marrying in the US or the U.K.?

I also have concerns re the financial requirements. We both have a son of our own from previous relationships and I would like my son to come with me there. My boyfriend is an independent contractor who at times goes through short periods or little or no work. In what cases do they consider my income for the financial requirement? I work full time and make significantly more than he does. I have about $11,000 in savings. Can you count a 401K toward the income requirement? Or do they consider his income ONLY for the past 6 months? Does he need to find another job and apply 6 months after he would meet that income requirement? This is all very confusing.

I apologize if these topics have been answered before.

Thank you all.


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It makes much more sense to get married in the US and apply directly for the spouse visa. You will save the stress, and cost for one whole visa application doing it that way.

If you are bringing your chid too, the requirement increases from £18,600 to £22,400.

Your employment income can not be counted, but if you have any rental or pension or investment income or child maintenance which will continue when you are in the UK, that can be counted.

Only savings over £16,000 held for 6 months or more can be counted. Retirement account savings can be included if they can be accessed immediately (with or without a penalty).



 

Is your boyfriend self employed? Does he pay his own taxes at the end of the tax year or does he have his taxes taken out of his check, by paye?
How much did he earn in the last 12 months?

I initially went over to the US on a K1 Fiance Visa as at the time I couldn't find employment earning over the Financial Requirement in the UK.
The only Financial Requirement for a K1 visa is you have to be making more than the poverty line for your state.

Is your boyfriend self employed? Does he pay his own taxes at the end of the tax year or does he have his taxes taken out of his check, by paye?
How much did he earn in the last 12 months?

I am actually not 100% sure exactly how much he earned the last 12 months, so I will need to get back to you on that. I do know he pays his own taxes at the end of the tax year.
If I have about $45-50,000 USD (savings and 401K) by the time we apply, would that be considered enough savings, or is it dependent upon how much he earns per year?


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I initially went over to the US on a K1 Fiance Visa as at the time I couldn't find employment earning over the Financial Requirement in the UK.
The only Financial Requirement for a K1 visa is you have to be making more than the poverty line for your state.

I haven't done any research on the types of visas for the States. Would he need to apply for that? Could he simply come here on his regular tourist visa and marry?


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I haven't done any research on the types of visas for the States. Would he need to apply for that? Could he simply come here on his regular tourist visa and marry?


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I brought my now husband here on a K-1 Fiance visa a few years ago. If he is coming here to marry with intent to stay, he has to be on this visa (meaning if you decide to settle in the US and not the UK). Coming over on a tourist visa with intent to marry AND remain in the US is illegal and if the US government determines that the marriage and residency was predetermined when you apply to adjust status and remain, it can result in a refusal and, in many instances, a ban.

If I have about $45-50,000 USD (savings and 401K) by the time we apply, would that be considered enough savings, or is it dependent upon how much he earns per year?


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That is not enough to qualify for the savings route alone, which is a strict amount of £62,500 for 6 months straight. Depending on his income, it could be enough to compensate for the shortage there (but that depends on exchange rate at the time plus what his income is).

I am actually not 100% sure exactly how much he earned the last 12 months, so I will need to get back to you on that. I do know he pays his own taxes at the end of the tax year.
If I have about $45-50,000 USD (savings and 401K) by the time we apply, would that be considered enough savings, or is it dependent upon how much he earns per year?


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In that case, it sounds like he is self employed which is the hardest category to prove. Also, while you can combine savings with other forms of income to meet the requirement, you can not combine savings with self employment income.
Here is the guidance.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

I haven't done any research on the types of visas for the States. Would he need to apply for that? Could he simply come here on his regular tourist visa and marry?

As you mentioned in your first post that your intent is to settle in the UK, not the US, there is no requirement to obtain a visa for the US. Your boyfriend can travel on an esta (providing he is eligible). Many of our forum members have done this.

https://my.uscis.gov/helpcenter/article/can-i-get-married-if-i-entered-the-united-states-under-the-visa-waiver-program

In that case, it sounds like he is self employed which is the hardest category to prove. Also, while you can combine savings with other forms of income to meet the requirement, you can not combine savings with self employment income.
Here is the guidance.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Oh, can you not? I was lead to believe that as long as he can prove what he's earned the last 6 months (payslips, bank records and letter from current business he is contracted with) and he meets close to the financial threshold that we could use my savings to add to make up the difference? Sorry, I was looking at the link you sent and it seems that way. But this is all so confusing...


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As you mentioned in your first post that your intent is to settle in the UK, not the US, there is no requirement to obtain a visa for the US. Your boyfriend can travel on an esta (providing he is eligible). Many of our forum members have done this.

https://my.uscis.gov/helpcenter/article/can-i-get-married-if-i-entered-the-united-states-under-the-visa-waiver-program

Great! That's what I thought. I have no intent on us staying in the States. Maybe someday down the line but definitely not anytime soon.


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Oh, can you not? I was lead to believe that as long as he can prove what he's earned the last 6 months (payslips, bank records and letter from current business he is contracted with) and he meets close to the financial threshold that we could use my savings to add to make up the difference? Sorry, I was looking at the link you sent and it seems that way. But this is all so confusing...


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No, unfortunately that’s only for salaried/unsalaried employment.

If he is self-employed, he has to use either last full financial year of income (usually April to April) or the average of the last 2 financial years. And he has to provide A LOT of documents to prove his self-employment.

If he works within the normal UK financial year (April - April), he will only be able to use the income he earned between April 6 2016 and April 5 2017. Nothing he has earned since April 2017 will count for the visa because we’re still in the middle of the current financial year... so he won’t be able to use this year’s income until after he has filed taxes for April 2017/April 2018.

And sadly, you cannot combine any cash savings with self-employment income.

Have a read though the guidance here - self-employment info starts on page 58:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf


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No, unfortunately that’s only for salaried/unsalaried employment.

If he is self-employed, he has to use either last full financial year of income (usually April to April) or the average of the last 2 financial years. And he has to provide A LOT of documents to prove his self-employment.

If he works within the normal UK financial year (April - April), he will only be able to use the income he earned between April 6 2016 and April 5 2017. Nothing he has earned since April 2017 will count for the visa because we’re still in the middle of the current financial year... so he won’t be able to use this year’s income until after he has filed taxes for April 2017/April 2018.

And sadly, you cannot combine any cash savings with self-employment income.

Have a read though the guidance here - self-employment info starts on page 58:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf


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Ugh. That is so disappointing. So how would it be determined if he is to provide a full year or two years average? I imagine the paperwork he'd have to provide would be substantial. I am assuming then we would have a far less difficult time if he were to find regular employment and just go from there? Not that that is easy to do... So frustrating... thank you for your help though.


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Ugh. That is so disappointing. So how would it be determined if he is to provide a full year or two years average? I imagine the paperwork he'd have to provide would be substantial. I am assuming then we would have a far less difficult time if he were to find regular employment and just go from there? Not that that is easy to do... So frustrating... thank you for your help though.


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It would depend on how much he has earned, before tax but after any expenses, over the last 1 or 2 financial years.

To use just the last financial year (Category F), he must have total earnings (after expenses, before tax) during that year of £18,600 or more.

If he can’t meet that, then he would need to show average earnings of £18,600 or more over the last 2 full financial years (Category G).

If he were to find regular employment, and to avoid using any self-employment income, he would need to work for the company, earning at least £18,600 salary, for a minimum of 6 months before applying for the visa.


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It would depend on how much he has earned, before tax but after any expenses, over the last 1 or 2 financial years.

To use just the last financial year (Category F), he must have total earnings (after expenses, before tax) during that year of £18,600 or more.

If he can’t meet that, then he would need to show average earnings of £18,600 or more over the last 2 full financial years (Category G).

If he were to find regular employment, and to avoid using any self-employment income, he would need to work for the company, earning at least £18,600 salary, for a minimum of 6 months before applying for the visa.


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I see. OK. That makes sense. Well, we have some time before we are planning on starting the process. I was wanting to be there by the end of summer or autumn next year (obviously if all goes well). I suppose we can try to figure out his employment situation in the mean time. I do appreciate the advice and I think you.


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