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Spouse visa for the U.S.

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Old Mar 17th 2009, 8:15 am
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Default Spouse visa for the U.S.

Hi everyone

I have a few questions about my current situation and everyone on here seems so informed and may be able to help.

I am a British man and am married to an American woman. We have been married for just over a year and have been living in England for about that same length, My wife came over here with the spouse/cp visa which expires next April. Our intention has always been to live here for 2 years and move back to the States when the Visa expires. Well, its almost a year away and I feel that we should be looking to get the ball rolling soon. I have a permenant job over here for about 6 months now and it all looks good but I dont own my own property or anything like that and I dont have thousands of pounds worth of savings. My wife has not been working since being in England and this is unlikely to change. I do actually have my name on an American bank account and have I have a social security number from when I worked in America 2 years ago. I have a joint bank account in America with my wife.

All that being said I dont have a job waiting for me in America and I am unsure of how I would go about applying for a job in another country. I also dont have a place that we can live. These are the sort of things that you do when you are already in the country.

My main questions are these....

1) How likely is it, in your opinion, that I would be able to get a visa. Is there any positiives in my scenario and any potential pitfalls?

2) After going on several websites I have noticed that you have to apply for these marriage visa's in America, but we are in England. Can you apply directly to the U.S Embassy?

3) How do people go about finding a job and getting accomidation when you are around 7000 miles away from where you want to settle?



Im sure there are some other questions I need to ask but if anyone could answer these questions I would be very grateful. Gettimg my wifes visa to the u.k was a piece of cake, it only took about 3 weeks, but this looks as if it is more complicated with a lot of 'if's, buts and maybe's. So if there is anyone out there who can help I would really appreciate it.
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Old Mar 17th 2009, 8:33 am
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Default Re: Spouse visa for the U.S.

Hi Paul, Welcome to BE.

The process for your Immigrant Visa is a bit more difficult and lengthy than your wife's was to the UK.

Since she is living in the UK for more than 6+ months in a permanent status, you have an option open that isn't available to others living outside the UK. The I-130 can be filed directly to London, and the processing time is around 4 - 6 months total.

If you aren't able to file in London, the I-130 can be mailed to the USA from the UK. It takes about 8 - 10 months for that process.

The two things your wife will need help with are the I-864 Affidavit of Support, and the Intent to Domicile in the USA. Since she's not working, and you don't have any assets, she will need a Joint Sponsor for the I-864. Any USC or US PR, age 18 or over, living in the USA, can be a Joint Sponsor, if they earn the right amount of income or have assets in the right amount.

On the domicile issue, your wife will have to show she has the intent to establish domicile in the USA. Do a search in this forum for "DCF" (Direct Consular Filing), and you'll come up with some items to read.

You will be work authorized from Day 1 when you enter the USA using your Immigrant Visa. Obtaining work before that will be difficult, since you won't be work authorized yet. You might be able to line up some interviews and job offers, but you can't actually get employed until you set foot in the USA.

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Old Mar 17th 2009, 8:35 am
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Default Re: Spouse visa for the U.S.

hi PaulJane, welcome!

the visa part is pretty straightforward, if long winded. The stuff about the move.. well, it's anyone's best guess now. Different parts of the country are affected differently by current conditions so you might want to do some background reading in the USA Forum here.

For the visa, first define the visa you're after. For you, there are 2 marriage-based visas, one worthwhile, the other virtually useless. I'd suggest you focus on the Immigrant Visa.
You're in a bit of a touchy time frame due to your wife not living in the UK all that long.
The 'normal' way to kick off your application is for your USC wife to petition for you with form I-130. For people resident in the US, they file I-130 to the US Service Center. For petitioners 'regularaly resident' in the UK, it can be filed to the USCIS office in London.

As far as you actually getting the visa, barring any ineligibilities, there should not be a problem. Ineligibilities are things like criminal or medical reasons, or past visa abuse.

Have a read of the first link in my signature, which explains the overseas filing method, but will explain the visa application in brief too.
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Old Mar 18th 2009, 5:51 am
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Default Re: Spouse visa for the U.S.

Hi

Thank you so much for your help. It would have taken about a month and a nervous breakdown to get this info from the websites and phone numbers . Its nice to see that there are people out there who are just happy to help.

Just to clarify something...am I right is saying that on the condition that we have a sponsor in America it is not critical that I have a job to walk into in America?

On another topic, I have another question that you may not be able to answer, but its worth asking. While my wife is in England, is she entitled to travel to other nations in the EU on vacation? If I wanted to go to Paris it would be easy because im English, but what about a non EU citizen with british Visa? I know this website is aimed at people going to America, not the other way, but I though maybe someone has had this experience and could advise.

Once again, thanks for all your help already, I feel much more positive about the whole experience.
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Old Mar 18th 2009, 6:01 am
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Default Re: Spouse visa for the U.S.

PJ,

From the immigration point of view you will be OK.

From a practical point of view it depends - will you and your wife have enough money to support yourselves for what could turn out to be a very long time? And if not, will this sponsor actually put out the money for you?

Regards, JEff


Originally Posted by PaulJane
Just to clarify something...am I right is saying that on the condition that we have a sponsor in America it is not critical that I have a job to walk into in America?
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Old Mar 18th 2009, 6:30 am
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Default Re: Spouse visa for the U.S.

Originally Posted by PaulJane

Just to clarify something...am I right is saying that on the condition that we have a sponsor in America it is not critical that I have a job to walk into in America?
A sponsor is not necessarily financially supporting you. A sponsor for an immigrant is held accountable by USCIS if the immigrant uses means-tested public funds (such as welfare, food stamps, etc). I don't know of any sponsors that are required to financially support the immigrant (but I have heard of ex-spouses sueing for financial support under the auspices of the I-864 contract). You will still be responsible for paying rent and bills.

On another topic, I have another question that you may not be able to answer, but its worth asking. While my wife is in England, is she entitled to travel to other nations in the EU on vacation? If I wanted to go to Paris it would be easy because im English, but what about a non EU citizen with british Visa? I know this website is aimed at people going to America, not the other way, but I though maybe someone has had this experience and could advise.
Of course she can go to France, or any other EU country that allows Americans admission w/out a visa. She has a US passport. Her UK visa doesn't matter at all.

Last edited by Bluegrass Lass; Mar 18th 2009 at 6:33 am.
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Old Mar 18th 2009, 6:38 am
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Default Re: Spouse visa for the U.S.

sfg,

A sponsor is responsible for the immigrant having an income that is 125% of the poverty level. You are correct that the immigrant is responsible for using their income to pay their bills.

It isn't CIS that is going to hold the sponsor accountable. An agency that gives the immigrant means-tested benefits might, or the immigrant themself might.

Regards, JEff


Originally Posted by sunflwrgrl13
A sponsor is not necessarily paying your bills such as leccie, rent, etc. A sponsor for an immigrant is held accountable by USCIS if the immigrant uses means-tested public funds (such as welfare, food stamps, etc). You will still be responsible for paying rent and bills.
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Old Mar 18th 2009, 6:46 am
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Default Re: Spouse visa for the U.S.

Originally Posted by PaulJane
On another topic, I have another question that you may not be able to answer, but its worth asking. While my wife is in England, is she entitled to travel to other nations in the EU on vacation? If I wanted to go to Paris it would be easy because im English, but what about a non EU citizen with british Visa? I know this website is aimed at people going to America, not the other way, but I though maybe someone has had this experience and could advise.
For vacation travel, the only thing she needs to be technically aware of (and I'm sure there is a workaround for this involving her UK visa), is that US citizens are limited to 90 days at a stretch in the Schengen Zone countries. Then she is supposed to depart the Schengen for at least 90 days.
If you're talking a holiday of less than that, don't worry about it. She can enter most (all?) EU countries on her US passport.

Use this link (thank again JEff!) to double check, and see the box for "Alien resident of" where your wife would enter 'uk'.
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Old Mar 18th 2009, 6:50 am
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Default Re: Spouse visa for the U.S.

Originally Posted by PaulJane
Just to clarify something...am I right is saying that on the condition that we have a sponsor in America it is not critical that I have a job to walk into in America?
Getting the visa is contingent on your wife successfully completing form I-864, Affidavit of Support.
If she does not have income in the US (or continuing from abroad after she moves) at 125% of the poverty guidline for your household, she may count her/your/joint assets in lieu of income.
Absent either of those, or a combination of them, she may use a Joint Sponsor in the US who is willing to sign the contract.

You two should carefully read through a copy of I-864 and its instructions ASAP. Affidavit of Support Under Section 213A of the Act

Does she know she needs to be filing US income tax returns even if she doesn't live in the US?
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Old Mar 19th 2009, 6:29 am
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Default Re: Spouse visa for the U.S.

Hi

Thank you again for your answers. Everything is beginning to make more sense and I can see the woods from the tree's (is that the right expression?).

Anyway, just to clear something up. My question about not needing a job right off the bat if you have a sponsor wasnt asked because I wanted to ive off our sponsor. I have absolutely no intention of moving to a foreign country and then be a strain on the economy or the citizens, I have far too much respect for people to do that. What I meant was, if you have someone who is able to sponsor you does that give you more time to find a job/place to live?

To explain further...my in-laws are indeed more than 120% over the poverty line and would, to begin with, be able to put us up for a time until I can find a job and we can get on our own 2 feet. Hopefully this wouldnt take a long time, my wife has a degree in culinary arts and I have a history in the home insurance field, well, sort of, but anyway, it shouldnt be that tough. My question is would this be seen as acceptable or would the powers-that-be insist that either my wife or I have a job and our own place before they grant me the immigrant visa?

I guess my concerns all stem from being from a working class area in England and not exactly rolling in money and sometimes the whole process seems restricted to the more 'better off' people. I dont mean that in a reverse snobbery kind of way, its just when I look at everything it seems that there is a very tiny window of opportunity to move to the U.S. and im afraid that my lack of finances will be a hinderance. Once in America I am confident we can settle well enough..its just a question of will I get the chance?
Am I worrying about nothing? Does that make sense?
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Old Mar 19th 2009, 6:38 am
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Default Re: Spouse visa for the U.S.

Originally Posted by PaulJane
What I meant was, if you have someone who is able to sponsor you does that give you more time to find a job/place to live?
No, having a sponsor for the I-864 has nothing to do with the amount of time you have or need to find a job/place to live.

My question is would this be seen as acceptable or would the powers-that-be insist that either my wife or I have a job and our own place before they grant me the immigrant visa?
It is perfectly acceptable to stay with your in-laws, other family, or friends until you get on your own two feet. You do not need a job or your own place prior to getting the immigrant visa.

Once in America I am confident we can settle well enough..its just a question of will I get the chance?
Am I worrying about nothing? Does that make sense?
As long as you have a sponsor or joint sponsor who meets the I-864 criteria, there will be no question as to your ability to make a go of it financially on your own in the USA.

Your own income doesn't come into play here, really. It's all up to the sponsor and joint sponsor to show they earn the right amount to be acceptable on the I-864. Once that base is covered, you're good to go!

How you end up financially in the USA, whether you get work right away, where you end up living, etc., is not of any concern to USCIS.

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Old Mar 19th 2009, 7:01 am
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Default Re: Spouse visa for the U.S.

PJ,

If you have someone who meets the sponsorship requirements and is willing to sign the I-864, then for immigration purposes you are set to go. The government doesn't care if you ever find a job, they've got someone 'on the hook' who has promised to make sure that you have a minimum income sufficient to allow you to survive in the USA.

How much time you have to find a job and a place to live is between you and your sponsor.

Regards, JEff


Originally Posted by PaulJane
Anyway, just to clear something up. My question about not needing a job right off the bat if you have a sponsor wasnt asked because I wanted to ive off our sponsor. I have absolutely no intention of moving to a foreign country and then be a strain on the economy or the citizens, I have far too much respect for people to do that. What I meant was, if you have someone who is able to sponsor you does that give you more time to find a job/place to live?

To explain further...my in-laws are indeed more than 120% over the poverty line and would, to begin with, be able to put us up for a time until I can find a job and we can get on our own 2 feet. Hopefully this wouldnt take a long time, my wife has a degree in culinary arts and I have a history in the home insurance field, well, sort of, but anyway, it shouldnt be that tough. My question is would this be seen as acceptable or would the powers-that-be insist that either my wife or I have a job and our own place before they grant me the immigrant visa?

I guess my concerns all stem from being from a working class area in England and not exactly rolling in money and sometimes the whole process seems restricted to the more 'better off' people. I dont mean that in a reverse snobbery kind of way, its just when I look at everything it seems that there is a very tiny window of opportunity to move to the U.S. and im afraid that my lack of finances will be a hinderance. Once in America I am confident we can settle well enough..its just a question of will I get the chance?
Am I worrying about nothing? Does that make sense?
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Old Mar 19th 2009, 7:05 am
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Default Re: Spouse visa for the U.S.

Originally Posted by PaulJane
Hi

Thank you again for your answers. Everything is beginning to make more sense and I can see the woods from the tree's (is that the right expression?).

Anyway, just to clear something up. My question about not needing a job right off the bat if you have a sponsor wasnt asked because I wanted to ive off our sponsor. I have absolutely no intention of moving to a foreign country and then be a strain on the economy or the citizens, I have far too much respect for people to do that. What I meant was, if you have someone who is able to sponsor you does that give you more time to find a job/place to live?

To explain further...my in-laws are indeed more than 120% over the poverty line and would, to begin with, be able to put us up for a time until I can find a job and we can get on our own 2 feet. Hopefully this wouldnt take a long time, my wife has a degree in culinary arts and I have a history in the home insurance field, well, sort of, but anyway, it shouldnt be that tough. My question is would this be seen as acceptable or would the powers-that-be insist that either my wife or I have a job and our own place before they grant me the immigrant visa?

I guess my concerns all stem from being from a working class area in England and not exactly rolling in money and sometimes the whole process seems restricted to the more 'better off' people. I dont mean that in a reverse snobbery kind of way, its just when I look at everything it seems that there is a very tiny window of opportunity to move to the U.S. and im afraid that my lack of finances will be a hinderance. Once in America I am confident we can settle well enough..its just a question of will I get the chance?
Am I worrying about nothing? Does that make sense?
I think the lightbulb just came on for me, Paul. There are a couple of context-related things that might help you better understand the answers you get.

There are no social programs in the US that are exactly like the UK; there isn't a chance in heck of you getting any kind of dole or anything to live on. While that may be the spirit behind the Affidavit of Support (to assure the US gov't that you will not go on the dole in one of its many forms) the actual practicals of supporting yourselves is up to you.
Normally, the petitioning USC shows that her immigrant will not become a "public charge" by showing her US income as being over the guidelines and that is that.

But, some of us live outside the US, and don't immediately have a US job to show that our immigrant will have some financial resources in the US, so we use Joint Sponsors (her parents) to meet the paperwork requirement of the visa.
How you will put beans in the pot, as my dad always said, is down to you. Now, the folks will probably feed you and put a roof over your heads for X time (hey, forever if you play your cards right!) but that may not be a satisfactory thing for you. But if it were, neither of you ever have to go get a job.

The Affidavit of Support promises that the Sponsor (your wife, and her parents behind her) will repay any benefits that you claim and receive and are sued to repay (pretty unlikely that you could get them in your first 5 years here anyway) AND that they will maintain you at 125% of the poverty guideline if YOU wanted to sue them for it.
Divorce does not cancel your wife's obligation under I-864.

The immigration process seems a little bit expensive, well, it is a significant sum. But believe it or not, all of it is geared for family reunification and pegged to new immigrants, all of whom face the start-from-scratch problems you face too. Many immigrants are coming from economies more depressed than the US or UK, and the financial guides are meant for modest to low-earning families.

It cost us a couple thousand dollars to get it all together and then airfare and moving on top of that. We had a place to live and a car to drive when we got to the US (I'm the USC) but no job and little income. It's certainly possible with family support, if you're flexible and eager. There's just very little in terms of the social safety nets that you might be familiar with, especially for newcomers. No one is going to come and give it to you, but that isn't what I hear that you expect.
Don't psyche yourself out, young Jedi.
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Old Mar 19th 2009, 7:11 am
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Default Re: Spouse visa for the U.S.

Originally Posted by sunflwrgrl13
A sponsor is not necessarily financially supporting you. A sponsor for an immigrant is held accountable by USCIS if the immigrant uses means-tested public funds (such as welfare, food stamps, etc). I don't know of any sponsors that are required to financially support the immigrant (but I have heard of ex-spouses sueing for financial support under the auspices of the I-864 contract). You will still be responsible for paying rent and bills.



Of course she can go to France, or any other EU country that allows Americans admission w/out a visa. She has a US passport. Her UK visa doesn't matter at all.
Hi:

When younger daughter was on a student visa in France, she had no trouble using the Chunnel on her US Passport.
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Old Mar 20th 2009, 6:21 am
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Default Re: Spouse visa for the U.S.

Thank you so much everyone, this all now makes perfect sense! I have other questions but not for here, they are more trivial questions.

This was a process that a was very wary of a few days ago but you have all made it seem so much better and straight forward.

meauxna, you hit the nail on the head with your reply, you answered my concerns really well. It suprises me that the immigration process is aimed at lower income families, I didnt think governments worked like that anymore! Thats one thig I love about the U.S., theres an element of common sense that we just dont grasp over here!

Anyhow, thanks again everyone, your help was seriously appreciated!
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