BiTeMe

Hey there,
I'll try to keep this brief....
my wife (USC) and myself (UKC) have been married for approx 16 months and living in the UK. My wife is getting incredibly homesick and we are looking at ways for us to go to the US. There is no chance of anyone sposoring me due to their own personal circumstances but I would qualify for an H1B visa if I could find an employer. Would it be possible after 6 months for me to change status and file for a spouse visa if we move to the US and I am on an H1B visa and is this the best way of us moving to the usa?

Noorah101

What is your wife's status in the UK? If she has Indefinite Leave to Remain, you guys can file an I-130 directly at London consulate, and you can get an Immigrant Visa to move to the USA. You'll have better luck with this question if you ask over on the marriage-based visa forum.

Best Wishes,
Rene

BiTeMe

Ok, I'll post this question there, just for an I-130 do you not need a sponsor? My wife will be filing for ILR in aug '07 and when she gets this visa will we still need a sponsor for us to both go to the us?

Marco

Noorah101 wrote:

    > What is your wife's status in the UK? If she has Indefinite Leave to
    > Remain, you guys can file an I-130 directly at London consulate, and you
    > can get an Immigrant Visa to move to the USA. You'll have better luck
    > with this question if you ask over on the marriage-based visa forum.

If his wife doesn't have a job in the US and no one else can sponsor
him I don't see how he can get an immigrant visa.

nettlebed

How about this?

1. You obtain H-1B, and you and your wife move to the US.
2. You marry, and after six months of work you are eligible to self-sponsor (assuming your salaray meets the guidelines, which I guess an H-1B salary is almost certain to).
3. You file for AOS.

Anyone see anything wrong there? It's pretty much the way I did things, except that my then-fiance/now-wife was already in the US. My attorney said that entering on an H-1B intending to marry and later adjust was not a problem, so long as I maintained my H-1B status until we were married.

Netto

Noorah101

Sounds ok, except for the first part of #2. They are already married, so can skip the "you marry" part.

Rene

nettlebed

Oops, missed that. Even as a spouse of a USC, entering on an H-1B shouldn't be too difficult, since an H-1B holder can enjoy the privilege of dual intent. I know that when I applied for my H-1B I said that I had a USC fiancee in the US, and that caused no problems for me.

So, I guess if the OP can get an H-1B then it oughtn't to be too difficult to apply for AOS and self-sponsor after 6 months.

Noorah101

Actually, the USC will still be the sponsor. But the immigrant's income can be included on the I-864. And it no longer has to be a 6 month minimum, you just have to say that your income will continue coming from the same source.

Best Wishes,
Rene

nettlebed

Interesting! Anyway, it looks as though the H-1B might be thw quickets way to go for the OP.

Marco

BiTeMe wrote:

    > Ok, I'll post this question there, just for an I-130 do you not need a
    > sponsor? My wife will be filing for ILR in aug '07 and when she gets
    > this visa will we still need a sponsor for us to both go to the us?

The simplest way may be for your wife to go to the US by herself first,
find a job, then sponsor you. If she gets you a K3 visa you probably
wouldn't have to wait that long.

topspinner

Refer to this website. I think you're fine as long as she has been filing taxes.

http://www.usembassy.org.uk/cons_new...l#taxreturn005