Rosie28

Hello everyone!

I'm looking for advice on a few questions I have.

My husband is a joint American and British citizen and I am British so we are applying for a green card for me so that we can both move over to the USA.

We both live and work in the UK and we are half way though the application process (have received a case number and about to book my medical). Because we don't have enough financial assets to meet the requirements our plan is that my husband will try and get a job over in the states while he still lives here, then when he has one he will move over and I will book my interview and hopefully follow him in a month or so.

My main question is- will showing that my husband has been offered new job/ just started a new job in the USA be satisfactory proof that he can support me? He currently earns more than enough in the UK but obviously that job won't continue when we move.

Any help would be really appreciated as I can't find a straight answer on this anywhere!

Thanks!

Rete

Hi and welcome to BE. Your husband holds dual citizenship in the US and in the UK. Great. Makes his life easier if you go to the US and don't like it, he can freely return to the UK.

BTW you are not applying for a green card. Your husband and you are petitioning for an Immediate Relative Visa (IR-1) if you have been married longer than two years or a Conditional Relative Visa (CR-1) if you have been married less than 2 years.

It will not help if he only has a job offer to show. At one time, it might have been successful but recently it has not been. His returning to the US to work and then completing the I-864 would be the best scenario and/or perhaps he can line up a joint sponsor who lives in the US, is financially able to meet the criteria of the I-864 and is either a US Citizen or a US Legal Permanent Resident.

Are you working with an immigration attorney at present or are you DIY'ers? You are familiar with how to stretch out the process if necessary without losing your already gained approvals and are up-to-date on the new medical criteria that is required for your visit to Knightsbridge.

Noorah101

Probably not if he only has a job offer, as he wouldn't actually be earning any current income yet.

If he starts the new job and has a few pay stubs to prove he earns over the minimum required income, then yes.

Other options: You could use assets if you have any (cash in the bank, property, home in the UK) if they are 3x the amount lacking in income; or get a joint sponsor in the USA.

Rene

Rosie28

Hi Rete,

Thanks for the Welcome!

Thanks for the info- so if he gets a job offer and heads over there and starts work I can use his first pay check to prove his income?

No we're DIY'ers as we can't really afford an atourny unfortunately. I was under the impression we had a year from the date we received our case number to apply for the CR-1 Visa, is that correct?

Thanks for your advice!

Rosie28

Hi Rene!

Thanks for getting back to me and for the advice! Sounds like we will have to wait until my husband is actually getting paid in the USbefore I scheduled an interview in that case as we don't have enough assets and we don't have any contacts that can be the joint sponsore unfortunately- not ideal but at least we're not at a total dead end.

The only other issue we have is his tax returns, we've just filled (past 3 years) under the streamlined process as we've only just realised he has US tax obligations (he left the US as a young child). The problem is, because we've filed that way we can't get transcripts from the IRS. Do you know anything about this, and if so, do you know if the copies of the original documents we submitted plus my husbands uk p60's & p45's will be sufficient?

Thanks again and happy new year!

Rete

Yes, they will be sufficient.

Noorah101

Yep, what Rete said.

Rene

S Folinsky

An I-864 can be supported by copies of the submitted returns. In fact, this how it is usually done.

Noorah101

Even though the income on the returns is not US-based?

Rene

Rosie28

Hi both-

I was under the impression that the tax returns wouldn't be accepted as proof of income as it's UK earned money- if that's incorrect though then that would be very helpful as my husband currently earns well over the US poverty guideline.

Rete

You are right. The tax returns will not be accepted as proof of income to meet the I-864 requirements. It is proof that he filed taxes only in this case.

AndyMan74

Your situation sounds very similar to ours and I can tell you that you would be wasting your money anyways on an attorney. If we managed to do it then anyone can. It’s a shame you don't have assets to use (we used our property). Good luck with the job hunt. And yes its 12 months and once your CR-1 is granted you have 6 months from the medical to get to your POE in the states.

Rosie28

Hi Andy,

Thanks for your reply, always good to hear from someone who has had a similar situation!

Yes, it's really annoying as it's seems like the easiest way to got about the whole process! I'm hopeful that my husband can find a job, just a bit concerned that it might make it a lot harder because he's not in the US for interviews!

Out of interest- was your wife up to date with her taxes when you started the visa process or did she have to file through the streamlined compliance procedure?

Noorah101

Yes, it will be very hard to find employment from the UK. I think it's safe to say he won't really get a fair chance until he's actually in the USA.

Rene

Rosie28

I knew it would be hard but do you think it will be impossible? Do you have experience on this?

We've decided to try doing it from the UK first and then he might go out there if it seems like we're not getting anywhere.