BiTeMe

Hey there,
I'll try to keep this brief....It has been suggested I would get more responses if I post this here.
The original post is here -> http://britishexpats.com/forum/showthread.php?t=403156

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 sponsoring 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 status does your USC wife have in the UK? Does she have Indefinite Leave to Remain? If so, you can probably do DCF (Direct Consular Filing), which means you file the I-130 directly in London. You'll go for an interview and if approved, you'll receive a CR-1 Immigrant Visa to the USA.

If she doesn't have that status in the UK, she can file an I-130 in the USA (mail from the UK). But she'll have to establish domicile in the USA (which I believe can still be accomplished from the UK).

Or, indeed you can go the H1B route and then later change your status in the USA, but since you can't begin work until October 2007 with that visa, a spouse visa will be quicker.

Best Wishes,
Rene

BiTeMe

My wife will be filing for ILR in aug '07
Do all of these options negate the fact we can not get a sponsor?

Noorah101

Your wife is your sponsor on a spouse visa, no matter what. I believe your income can also be included to meet the minimum income. Go to www.uscis.gov, Forms and Fees, I-864 (Affidavit of Support), and read up on that form and the instructions. If your income can't be included, or your wife doesn't meet the minimum income level, you will need a joint sponsor...any USC or PR who lives in the USA will do.

As for the employment-based method, your employer will be your "sponsor".

Rene

andrea874

You're going to need a sponser no matter what to do AOS (unless you do the H1B option and use your own income)

BiTeMe

This is why I was suggesting the H1B option as there are no chances that we can get a co-sponsor. Everything we need do to get to the US we will have to do ourselves.

Noorah101

Does your USC wife not earn enough? Can your income be included?

Rene

BiTeMe

I was under the impression that any money we make in the UK can not be included because as soon as we both move to the US we will be looking for work if we went down the normal K3 / I-130 route. Does this mean that they take into consideration the money we make currently in the uk?

Noorah101

I was under the impression that for DCF, they do take that into account, but I don't know for 100% sure. A couple who does DCF obviously both live in the UK, so no USA income is likely to be earned, and people do DCF there, so ....

Try doing a search on this forum for DCF London and see what comes up.

Rene

Noorah101

That's just it, DCF is not the normal K3/I-130 route. Look for posts by meauxna, she recently made a couple of good posts regarding DCF.

Rene

BiTeMe

I imagine that people who DCF from London are able to get co-sponsors.

Noorah101

I don't think that's always the case, no.

anabella

With the affidavit of support you'll need to show them your tax returns for the last 3 years. Your wife is sponsoring you so they'll look at hers first and if her income is below a certain amount (what the consider the poverty level?) then you can use your income too

Noorah101

Here's the link to the search page of "DCF London": http://britishexpats.com/forum/searc...earchid=711618

Rene

Fatty

What about assets? Any chance you guys could meet the income requirements based on assets? If you own a house or something? That way you could still DCF here without requiring a joint sponsor.

We're DCF in London, but my income is not enough, and if you include the immigrants income, you must prove that it will still come from the same source after immigrating. We're using a joint sponsor.