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-   -   Which visa to go for? (https://britishexpats.com/forum/marriage-based-visas-35/visa-go-771762/)

catsutton14 Sep 16th 2012 5:38 am

Which visa to go for?
 
Hi there,

My hubby and I got married in Scotland in June of this year. We are looking to apply for me to go over to the USA permanently. We are thinking a CR1 visa is our best option? (Is this pretty much the same as the green card process or different?)

Also, our big issue is the fact that we are concerned my hubby won't be financially eligible to 'support' me since he is just out of college and hasn't been working full time. Although I have a full time job I know it has to be based on his financial income. Therefore I was wondering, can we have his parents sponsor me as well?

Any help is greatly appreciated!
Thanks, Cat x

JSL8610 Sep 16th 2012 5:47 am

Re: Which visa to go for?
 

Originally Posted by catsutton14 (Post 10283780)
Hi there,

My hubby and I got married in Scotland in June of this year. We are looking to apply for me to go over to the USA permanently. We are thinking a CR1 visa is our best option? (Is this pretty much the same as the green card process or different?)

Also, our big issue is the fact that we are concerned my hubby won't be financially eligible to 'support' me since he is just out of college and hasn't been working full time. Although I have a full time job I know it has to be based on his financial income. Therefore I was wondering, can we have his parents sponsor me as well?

Any help is greatly appreciated!
Thanks, Cat x

Hi Cat,

Yes, the CR-1 is the classification of immigrant visa you're after. When you use that visa to enter the US, you'll be sent a green card. They're not 2 independent processes.

The short answer to your second question is yes, one of his parents can be a Joint Sponsor for you. Can I suggest you start your research here, and read through the links too. It'll take a while, but you'll then have a much better understanding of the process.

James

ian-mstm Sep 16th 2012 7:55 am

Re: Which visa to go for?
 

Originally Posted by catsutton14 (Post 10283780)
We are thinking a CR1 visa is our best option?

Indeed, yes!



Is this pretty much the same as the green card process or different?
It is the "green card" process. You will get an immigrant visa... and the day you enter the US with that immigrant visa, you will immediately become a US permanent resident... and receive a green card. That said, don't call it a "green card process" because it's misleading to other new readers.



Also, our big issue is the fact that we are concerned my hubby won't be financially eligible to 'support' me since he is just out of college and hasn't been working full time.
Your husband must be your sponsor, even if he doesn't qualify financially.



Although I have a full time job I know it has to be based on his financial income.
Unless your income will continue from the same source once you're in the US, your income can't be used. Assets, however, can... at 3x the amount you'd otherwise need in income.



I was wondering, can we have his parents sponsor me as well?
You husband is your one and only sponsor. His parents, however, can be joint sponsors. Well, to clarify... one of his parents can be a joint sponsor if one parent has sufficient income - but if both parents' incomes are required, one will be the joint sponsor and the other will be a contributing household member.

The entire process, from your husband submitting the I-130 until you get the immigrant visa, will take 8-10 months. No, there's no way to speed that up! Give yourself some time to digest the terminology... you'll be using it for a long time! :)

Ian

catsutton14 Sep 16th 2012 8:54 am

Re: Which visa to go for?
 
Ok, so if my husband isn't making enough but his mother is making $75,000 a year are we likely to be eligible?

Also, just to clarify? Is it possible for me to go across on another visa and apply for an immigrant visa OVER there or is that not allowed/illegal?

Cat x

ian-mstm Sep 16th 2012 9:34 am

Re: Which visa to go for?
 

Originally Posted by catsutton14 (Post 10283971)
Ok, so if my husband isn't making enough but his mother is making $75,000 a year are we likely to be eligible?

Oh my, yes! In spades!



Is it possible for me to go across on another visa and apply for an immigrant visa OVER there or is that not allowed/illegal?
You can apply for any visa for which you're eligible... but the spouse immigrant visa is probably the least painful, albeit not, perhaps, the fastest.

That said, it is illegal to enter the US as a visitor with the intent to stay to adjust your status. As for a visa... a visa is an entry document. You can't get a visa while you're in the US for the sensible reason that you're already inside and a visa is an entry document. :)

Ian

civilservant Sep 16th 2012 9:44 am

Re: Which visa to go for?
 

Originally Posted by catsutton14 (Post 10283971)
Also, just to clarify? Is it possible for me to go across on another visa and apply for an immigrant visa OVER there or is that not allowed/illegal?

Cat x

Unless you qualify under another category (think work) then no. Im afraid spending the first year of your marriage apart from your spouse is a fact of life when referring to the CR-1 process. Our first anniversary is in a couple of weeks.

Ray Sep 17th 2012 1:44 am

Re: Which visa to go for?
 
spousal visa CR1
http://travel.state.gov/visa/immigra...ypes_2991.html

jeffreyhy Sep 17th 2012 6:05 am

Re: Which visa to go for?
 
Point of clarification - there is no "the green card process". A green card is an ID card that identifies a person as a Permanent Resident of the USA, and is issued as a matter of course when a person becomes a PR.

There is more than one route to PR status, you are correct that an immigrant visa is one of them.

Regards, JEff



Originally Posted by catsutton14 (Post 10283780)
My hubby and I got married in Scotland in June of this year. We are looking to apply for me to go over to the USA permanently. We are thinking a CR1 visa is our best option? (Is this pretty much the same as the green card process or different?)



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