Getting married in september but he will still be living in the USA

mariecooper_3

PoorCharleyBear wrote: »

and the rules about getting a visa for a foreign spouse changed in July. You have to be earning 18k pa (?) to support them, and more if there are children.

So you may be able to get married but will not be able to bring him over to UK anytime soon.

As I still live with my parents, at the moment, they have agreed to sponsor him in their home as they earn just over that amount collectively

mariecooper_3

PoorCharleyBear wrote: »

and the rules about getting a visa for a foreign spouse changed in July. You have to be earning 18k pa (?) to support them, and more if there are children.

So you may be able to get married but will not be able to bring him over to UK anytime soon.

We were planning on eventually heading to the US as he has a full time job and the prospect of an apartment as he works for an apartment complex. But the more I'm looking into things the more disheartened I'm getting

mariecooper_3

Icequeen99 wrote: »

For tax credits, you will be treated as a single person even if you are married because your partner is not in the UK (and he is outside of the EU). To claim as a couple for tax credits you have to be present and ordinarily resident in the UK and he isn't, so that won't be an issue.

I'm not entirely sure on the DWP rules for ESA.

IQ

Thank you for the advice IQ, This would all be solved if I could get a job. Its not through lack of trying i can assure you

marybelle01

I am not really clear what the question is.

If you get married then no, you won't be a single parent. It won't matter where in the world your spouse lives - his income is family income. You simply can't be both. That doesn't mean you may not get something - but you are not single if you are married!

Of the question is, can he come here - the answer is the same as any other non-EU citizen. He can apply for a visa but you (or your family) must be able to guarantee to support him for the foreseeable future, or he must have a work visa/job to support himself, which will not be given unless there are reasons why he should be recruited over a British citizen - which is sounds like such a case would not be possible.

It took my friends daughter four years to get a visa for her husband to enter the country, and the family had to guarantee to support them both with no recourse to benefits for either of them. That was last year.

mariecooper_3

claire16c wrote: »

Yep. There are similar rules for the US. I dont think its as much though. But not sure £300 would cut it!


OP - do you not get CSA payments?

The CSA have been in contact over the past 10 years with my children's father and to be honest i don't know how he keep avoiding them. He refuses to answer calls, always in-between jobs, will not answer the phone to them so eventually they just gave up. He saw them for a little while but never bothered since, Never paid a penny for them and the CSA don't seem to help either.

From what I've been researching, For over here, the spouse visa is around £890 for a two year stay. Then you have to re apply again. For the US its a k1 visa, medicals, no debts and another visa, but most of those could be done whilst being over there with him.

mariecooper_3

marybelle01 wrote: »

I am not really clear what the question is.

If you get married then no, you won't be a single parent. It won't matter where in the world your spouse lives - his income is family income. You simply can't be both. That doesn't mean you may not get something - but you are not single if you are married!

Of the question is, can he come here - the answer is the same as any other non-EU citizen. He can apply for a visa but you (or your family) must be able to guarantee to support him for the foreseeable future, or he must have a work visa/job to support himself, which will not be given unless there are reasons why he should be recruited over a British citizen - which is sounds like such a case would not be possible.

It took my friends daughter four years to get a visa for her husband to enter the country, and the family had to guarantee to support them both with no recourse to benefits for either of them. That was last year.

Thank you for your input. I assumed as much for the single part and marriage wise. He isn't in a position to give us any money. It was shocking to work out that he only gets £300 a month for working 8-9 hours a day. He lives with his parents so he has to pay living, ect there too.

the more i look into going over there with him, the more worried I'm becoming. I am diabetic, and have a number of other conditions which I'm not even sure america would take on through insurance as its a pre existing condition.

My parents collectively earn over the amount needed as proclaimed by the government to support us, and they have agree'd which is wonderful, but at the same time, he doesn't want to be a waste of space and not work and provide. Its all such a mess, all we want to do is be together as a family

Thank you again for your advice

marybelle01

mariecooper wrote: »

The CSA have been in contact over the past 10 years with my children's father and to be honest i don't know how he keep avoiding them. He refuses to answer calls, always in-between jobs, will not answer the phone to them so eventually they just gave up. He saw them for a little while but never bothered since, Never paid a penny for them and the CSA don't seem to help either.

From what I've been researching, For over here, the spouse visa is around £890 for a two year stay. Then you have to re apply again. For the US its a k1 visa, medicals, no debts and another visa, but most of those could be done whilst being over there with him.

But that doesn't include a green card (required to work over there), and there are no benefits and no health insurance.

mariecooper_3

marybelle01 wrote: »

But that doesn't include a green card (required to work over there), and there are no benefits and no health insurance.

Nope, Im at a total loss of what to do for the best. Both financially and for my children.

rogerblack

You are entitled to claim most single persons benefits if you are married but not living together as husband and wife. This is not the case is you have temporarily separated.

Merely marrying someone does not change of itself entitlement to council tax benefit or ESA.

You have to share a household. (Or have shared one in the past, and be temporarily seperated)

mariecooper_3

rogerblack wrote: »

You are entitled to claim most single persons benefits if you are married but not living together as husband and wife. This is not the case is you have temporarily separated.

Merely marrying someone does not change of itself entitlement to council tax benefit or ESA.

You have to share a household. (Or have shared one in the past, and be temporarily seperated)

I see. Im a little worried you see, the ESA won't look at our situation or give me any advice on what to do or am entitled to until we're actually married. Its all so very confusing. As I live with my parents, we pay them rent and bills, electric, tv phone, internet act and money for food. So council tax won't be an issue, but thank you for your input, Its all gratefully accepted, thank you everyone

So scenario wise. If we did get married, ESA nor child tax credit wouldn't be affected?

To evaluate further. We will not be living together for at least another two years as we both need to save up funds for the move in either direction.