meauxna

I don't understand why you would consider an H1-B, when you have a USC spouse.

File locally and see if they accept the petition. If they do, proceed.

If they do not, re-file in the US and plan a longer wait til you move.

The financial qualifications are fairly low. You can use assets or income. USC wife can always get a job if worst comes to worst---when you calculate the poverty guidelines for two and the minimum wage, it doesn't even have to be a particularly 'special' job.

Lansbury

On Thu, 19 Oct 2006 16:45:13 -0500, Noorah101 <[email protected]> wrote:

    >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 ....

We are doing DCF in London and where under the impression UK earnings are not
taken into account.

In lieu we are using assets, which the equity in our UK house more than
covers.
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup

BiTeMe

I was also under the impression that UK earnings do not count. If they do count then the H1B option may not be required, however I can find nothing to prove if they are / are not taken into consideration.
We have not got enough in assets to be able to qualify on that alone.

Noorah101

You can send the London consulate an email and briefly describe your situation (i.e., tell them you are planning to submit an I-130 directly with them). Ask them if your UK earning will be taken into consideration for the I-864. From what I hear, London is good about answering such questions.

Rene

meauxna

Doesn't their website still discuss this specifically, in detail? (rhetorical question )

scrubbedexpat099

UK Income can be counted, it depends what it is.

Obviously if it is from a job you will be leaving, then it is irrelevant.

If you can not achieve the minimums any other way then you apply, send the missus ahead of you so she has a job to meet the income for the interview, problem solved.

hcj1440

Does the missus have parental unit(s) who can perhaps act as "joint sponsor"?

Because that would probably be a heck of a lot easier than getting an H-1B job.

nettlebed

With an H-1B I believe you can enter immediately, even as a spouse of a USC, and the "intent to remain" is a moot point, since holders of the H-1B can enjoy the benefit of dual intent. When I applied for my H-1B in 2001 I entered on the form that I had a USC fiancee, and had no problems (other than being a dangerous crim :-). After getting in to the US and working for 6 months the OP can self-sponsor, no? This is actually a pretty quick and easy way to do it AFAICS.

I'm not sure about how the "three years of tax returns" requirement would come into play in this curcumstance, though.

Netto

Noorah101

For the OP, entering on an H1B immediately, would be some time next July at earliest. I think an H1B can enter up to 3 months before work, which in the OP's case would be October 2007.

The OP can't "self sponsor", no. His USC wife will still be his sponsor. But the OP's income can be included on the I-864.

For AOS, only 1 year of tax returns is required, not 3. If they haven't been here long enough to file taxes, they would have to show why they are lacking the tax return.

Best Wishes,
Rene

nettlebed

I meant immediately the visa has been granted. I was ignoring the three months before the start of work requirement, since it is my understanding that the delays in granting the visa usually mean that as soon the visa is granted the employer is happy for the holder to start work.

Sorry, lots of (unspoken) assumptions in my earlier posts...

Noorah101

That's OK, I knew what you meant, but I didn't want the OP to think he can somehow get an H1B visa and move to the USA immediately, like in a month or two from now.

Rene

Lansbury

On Fri, 20 Oct 2006 10:10:28 -0500, BiTeMe <member33282@british_expats.com>
wrote:

    >I was also under the impression that UK earnings do not count. If they
    >do count then the H1B option may not be required, however I can find
    >nothing to prove if they are / are not taken into consideration.
    >We have not got enough in assets to be able to qualify on that alone.

Not wishing to pry but you can use just about anything that you could if you
wanted turn into cash within 12 months. Doesn't mean you have to do it, just
show you are able to.

Such things as surrender value on life insurance policies or pension funds can
be used, and remember you multiply your UK assets by 1.85 or whatever the
exchange rate at the time. When we filled out the I-864 and listed all useable
assets we surprised ourselves at what we were worth :-)
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup