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Hi, I am a USA citizen and I have been married for about 10

 
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  • Answered by:Business Imm Law
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Hi, I am a USA citizen and I have been married for about 10 years to a UK citizen. We married in the UK and have one child. We have lived in the UK all this time. I haven't filled for US taxes as I didn't know that had to be done as I have been doing UK taxes. I know I have to do at least 3 years retrospectedly. Now my husband and I want to move to the USA and we need to get his green card/social security number whilst we are still here in the UK so he can look for a job before we move. I have read that he has to prove x amount of income. The income we have is in the UK and it surpasses the 125% US poverty level. How do I go about getting all the paperwork in order? where do I apply? how long does it take? how much does it cost? and last but not least, can we get all that paperwork before we leave? Thanks.

 

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Submitted: 532 days and 22 hours ago.
Category: Immigration Law
Value: £18
Status: CLOSED
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Expert:  Business Imm Law replied532 days and 21 hours ago.


Business Immigration Law :

Hello, welcome to JustAnswer, my name is XXXXXX. XXXXX you for this opportunity to answer your questions.

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Expert:  Business Imm Law replied532 days and 21 hours ago.

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Expert:  Business Imm Law replied532 days and 21 hours ago.

Have you read the US Embassy London website with instructions?

http://london.usembassy.gov/immigrant-visas/filing-an-i-130-in-london.html

You are going to run into a few glitches with your order of wanting to do things.

The Embassy requires that you have made provisions to relocate to the US before they will issue him his immigrant visa.

They usually want to see you have made an advance trip to the US and have either secured a residence or a job offer.

I know this makes no logical sense because you cannot just up and leave UK without some security in the US but that is how it is.

He cannot apply for his SSN before he actually enters the US on his immigrant visa.

That application for a number can be a part of his processing and submitted upon his entry. The reason it cannot be given to him before entry is that all he gets up to the point of coming here is a visa to enter as an immigrant. He has no actual status until he enters and is processed at the Port of Entry.

So until he has status he cannot get an SSN. The visa is not status.

As for the Affidavit of Support, if you do not have assets of at least $60K and no employment in the US at the time of the visa interview then you will need a joint sponsor. That can be a friend or relative who is a US citizen or permanent resident residing in the US.

The reason you have to have US employment or assets is because you are making a contract with the government to reimburse it for any means tested benefits he may collect for 40 working quarters which is generally 10 years or more. Even if you divorce, you are liable.

Judith



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Customer replied531 days and 23 hours ago.

hi, thanks for your reply... I need some clarification plz. He needs to get a job offer... ok, would anyone give him a job knowing he doesn't have a green card/ssn yet?

Also do we need to have assets in the USA? is that correct? We have assets in the UK, is that good enough?

Can we secure a residence but no job offer? is that ok? And if that is ok, could we just go and rent an apartment, we fly in but my husband comes back to the UK for a few months to look for a job from the UK whilst still working in the UK so he doesn't have to quit his job without having found another one in the USA? (Do I make any sense) does he need to have both? assets and residence? A joint sponsor? what would he/she do? Thanks.

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Expert:  Business Imm Law replied531 days and 23 hours ago.

You can come over and take a lease and he can go back. That is evidence of intent to relocate back here.

It would be the way to solve the issue of proving your intent and a job is not required.

Do you have about US$70K in assets in UK?

That would solve the issue of no job and the I-864 Affidavit of Support requirement.

Judith



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here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/



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Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.1 %
Accepts: 21030
Answered: 1/4/2012

Experience: 33 yrs attorney on all nonimmigrant & immigrant visas

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Customer replied531 days and 12 hours ago.

Hi thanks for your reply. I got a friend that can lease me his house. does it have to be official? How do u prove it?

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Expert:  Business Imm Law replied531 days and 8 hours ago.

A signed lease.

Judith



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