Spouse Visa
 

Hi Again

We are still trying to work out what we want to do in regards to me moving over.

We have a few questions:

1. Does the requester need to earn more then $30,000 a year for a successfull application

2. My family is coming over with me in May and we were thinking of having the wedding then, and after the holiday i return to the UK where Terri can then go through the spouse visa process - Is this a viable idea?

3. If we did get married would this speed up the process?

4. What is the difference between a fiance visa and a spouse visa, ie what paperwork do we have to fill in.

5. Would it be better for me to attempt to get an employment visa rather than a fiance visa (would require more work on myside and could take longer, i understand)

6. What is the average waiting time from petition to me moving over?

Thanks

Martin & Terri

Re: Spouse Visa
 

Please post a little bit of recap so we can understand the 'here' and 'there' and look for the wiki entry 'comparison of marriage based visas'. Also define what 'better' means re: an employment visa.

Re: Spouse Visa
 

Here is UK
There is Melbourne Florida

Better as in me having a green card / job to move over to the US with

Re: Spouse Visa
 

1- The USC petitioner needs to have an income at/above 125% of the poverty guideline for her household. You can find the $$ numbers on form I-864P (roughly $19000 gross for 2 people).

2- After a wedding in the US as a visitor, the UKC can return to the UK. The USC starts the petition and the UKC eventually applies for a visa.

3- It depends on what you call 'the process'. Where the end result is US Permanent Residency (green card), the Immigrant Visa for a spouse is generally a faster and more streamlines process than a Fiance K-1 visa.
If you're more interested in living in the US ASAP, the K-1 is faster because as long as you have already met in person, 'the process' can start today.
The other requires that you be married to begin.

4- Far too lengthy to answer here; please see the wiki.

5- Unless you have an employer willing to transfer you to the US tomorrow, most employment visa options will take as long or longer to get you TO the US, and to get a Green Card, going through a US citizen spouse (immediate relative) is about the fastest route available.

6- a K-1 Fiance visa takes 6-8 months on average before you can move (you then still need to apply for the green card). An Immigrant Visa for a spouse takes about 8-10 months on average and results in a 'green card' the day you arrive.

Re: Spouse Visa
 

So based upon this it would be better if we got married in May then move over

As Terri doesnt earn anywhere near 19K a year :( that would rule out the fiance visa (she is still a student, and working at a cinema)

Re: Spouse Visa
 

The spouse visa (any marriage based visa) requires that the US citizen have a minimum income.

If she does not, because she's still a student, she can have a "joint sponsor". That is another US citizen who is willing to sign the Affidavit of Support for you.
Parents are often a natural choice for students; would hers sign this for you?
They would need enough income for the people in their household + you (I'm guessing there are no children coming with you).

edit to add: if you have been saving up cash from your own employment abroad, and are married with Terri, you can 'credit' some of that savings as "assets". I remember now that you are employed abroad.

Re: Spouse Visa
 

hmmm :( not liking the sound of this as her parents arent doing too great in finances at the moment :(

Re: Spouse Visa
 

Well the answer clearly is for you to do some reading from the links I've suggested. You've been asking about this for two years; little in the process has changed.
Based on the employment quals you posted before, employment visas probably are not an option.

Re: Spouse Visa
 

It depends on the sponsor's household size plus the immigrant. Even if the sponsor does not qualify financially on their own, they can use a joint sponsor who does.

Yes. Keep in mind that Terri will submit the petition, you will actually go through the visa process.

No.

No.

Fiance visa = between 6 - 8 months
Spouse immigrant visa = between 8 - 10 months

Rene

Re: Spouse Visa
 

It doesn't have to be her parents or even family members. It can be any USC or US PR, age 18 or over, who meets the I-864P guidelines.

Rene

Re: Spouse Visa
 

By that logic... if she doesn't earn 19K a year and so the fiancee visa is out... then that also rules out the spouse visa. The spouse visa requires her to be the sponsor even if she doesn't qualify financially (although she can use a joint sponsor - any USC or PR, over age 18, and living in the US). By the same token, the fiancee visa requires *someone* to be your sponsor... even if it's you with your own finances.

Ian