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-   -   Advice needed (https://britishexpats.com/forum/marriage-based-visas-35/advice-needed-594583/)

ddavies73 Feb 28th 2009 1:57 pm

Advice needed
 
I am a UK national, married to a US citizen in the US. We are currently living and working in the UAE. We are thinking about moving back to the US for good.

I have lived and worked in the US for the past six years, and own a house in NC. My wife does not have an income here in the UAE, nor any assets back in the US.

One thought is to try to apply for a H1B, and work whilst she is setting up domicile and getting employment. The issues would be if I do not get the H1B, or she struggles to get a high enough wage.

What, in your opinion is the easiest (and quickest?) way to get back to the US?

Thanks

ian-mstm Feb 28th 2009 3:13 pm

Re: Advice needed
 

Originally Posted by ddavies73 (Post 7332054)
What, in your opinion is the easiest (and quickest?) way to get back to the US?

In your situation an H-1B is a complete waste of time. Your wife is a USC... she should file form I-130 (www.uscis.gov) to start the process for a spouse visa for you. It'll take about 6 - 8 months. She does *not* need to establish domicile in the US, but she does need to demonstrate the *intent* to establish domicile in the US. As your sponsor, she will need to demonstrate income at 125% of the current poverty level (about $17,500 USD if it's just the two of you). If she cannot demonstrate that, you will need a joint sponsor - any USC or PR, over age 18, and living in the US... anyone at all. You will immediately become a PR when you enter the US with your visa.

Take a look at the form, think about it for a bit, and come back with your questions. :)

Ian

Noorah101 Feb 28th 2009 4:00 pm

Re: Advice needed
 
The easiest and most likely also quickest way back to the USA is for your wife to file form I-130 to start your Immigrant Visa process.

How long have you both lived in UAE? If longer than 6 months, it might be possible to file the I-130 directly there, called Direct Consular Filing (DCF) here on this forum. If you don't qualify for that, the I-130 will be sent to a service center in the USA, and processing is a few months longer.

As Ian pointed out, your USC wife is your sponsor on the I-864 Affidavit of Support. However, assets can also be used if they equal 3x the amount she would have needed in income (I'm thinking perhaps your house in NC qualifies), or she can use a Joint Sponsor.

Go to www.uscis.gov, Immigration Forms, and look up the I-130, G-325A, I-864, and I-864P....then come on back with questions.

Rene

ddavies73 Feb 28th 2009 4:11 pm

Re: Advice needed
 
Thanks for the advice.

Just would like to know if the joint sponsor has to be related to my wife?

With the assests do we need to get an appraisal for the house to show that it is worth more than the requirements?

Thanks

Folinskyinla Feb 28th 2009 4:42 pm

Re: Advice needed
 

Originally Posted by ddavies73 (Post 7332054)
I am a UK national, married to a US citizen in the US. We are currently living and working in the UAE. We are thinking about moving back to the US for good.

I have lived and worked in the US for the past six years, and own a house in NC. My wife does not have an income here in the UAE, nor any assets back in the US.

One thought is to try to apply for a H1B, and work whilst she is setting up domicile and getting employment. The issues would be if I do not get the H1B, or she struggles to get a high enough wage.

What, in your opinion is the easiest (and quickest?) way to get back to the US?

Thanks

Hi:

Your post suggests undisclosed facts. So, I can't really comment other than to say "you have got to be kidding" on the H-1b visa. I have a feeling it won't be that hard -- but your post is way to sparse to even begin to formulate an answer.

Good luck.

Noorah101 Feb 28th 2009 5:03 pm

Re: Advice needed
 

Originally Posted by ddavies73 (Post 7332270)
Just would like to know if the joint sponsor has to be related to my wife?

No. But the joint sponsor must be 18 or over, a USC or US PR, and living in the USA.


With the assests do we need to get an appraisal for the house to show that it is worth more than the requirements?
Yes. Actually you might need to gather evidence that your equity meets the requirements.

Rene

jeffreyhy Feb 28th 2009 9:43 pm

Re: Advice needed
 
dd,

Keep in mind three things about assets:
- they need to be easily turned into cash - within 1 year is still the official requirement, I believe, and
- the housing market in the USA sucks these day. Many people are 'upside down' or 'under water' in their house to begin with, and to get a house sold one may have to discount the price even further.
- Finally, one needs to have a place to live. One's residence doesn't help much because it will need to be replaced by something else.

Regards, JEff



Originally Posted by ddavies73 (Post 7332270)
With the assests do we need to get an appraisal for the house to show that it is worth more than the requirements?

Thanks


Noorah101 Feb 28th 2009 11:24 pm

Re: Advice needed
 

Originally Posted by jeffreyhy (Post 7332937)
- Finally, one needs to have a place to live. One's residence doesn't help much because it will need to be replaced by something else.

JEff is right. They've been getting stricter about using your primary residence as an asset.

Rene

Norri Mar 1st 2009 5:21 pm

Re: Advice needed
 
Reports from UK interviews recently indicate they will only accept property as an asset if a sale is agreed.

UAE may be different but it sounds like the property market there is troublesome too.

ddavies73 Mar 1st 2009 5:43 pm

Re: Advice needed
 
Thanks for your help. The information has been valuable.

Will have to get some cash together to make this work :ohmy: We will have to wait a couple of months before we are eligible to do DCF here in the UAE.

One more question, does anyone know when the government changes from 2007 to 2008 tax returns for 2008 to count as current? :confused:

Thanks again.

Noorah101 Mar 1st 2009 6:10 pm

Re: Advice needed
 

Originally Posted by ddavies73 (Post 7334988)
One more question, does anyone know when the government changes from 2007 to 2008 tax returns for 2008 to count as current? :confused:

Thanks again.

"Current" refers to the most recent tax return YOU have filed. If you've filed 2008, then that will be your most current one. If you haven't filed 2008, then 2007 is you most current one. You have until the required deadline to file 2008 taxes, which is April 15 in the USA, but I believe if you're overseas you have an extension.

Rene

meauxna Mar 1st 2009 6:42 pm

Re: Advice needed
 

Originally Posted by Noorah101 (Post 7335048)
"Current" refers to the most recent tax return YOU have filed. If you've filed 2008, then that will be your most current one. If you haven't filed 2008, then 2007 is you most current one. You have until the required deadline to file 2008 taxes, which is April 15 in the USA, but I believe if you're overseas you have an extension.

Rene

There is an automatic 2 month extension if you're out of the US on 4/15; there is also an extension to file (but not to pay!) that stretches out til Oct 15.
The year I filed my I-864, in August, I had not yet filed my previous year's return. I included a note that it wasn't yet due.


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