Does USC need to be employed to start I 130 process

[koaxaca1 2]

I (USC) will be moving back to the States soon from UK and would like to start the I 130 process for my UK hubby asap however I won't be guaranteed a full time job until 2 months after my move since I have to wait on a permit for my job. From what I read in the guides and posts here it looks like employment/financial stability isn't needed at this stage, but will be later. Is this true? Will I be okay to start the process when I move back although unemployed?

[canadian_wife 1,827]

Being employed is not a requirement for petitioning. You will need to meet the financial requirement when you get to the NVC stage

Good luck.

[elmcitymaven 9,712]

If you are in the UK with him still, you are eligible for Direct Consular Filing (DCF), assuming you have FLR or ILR, or are on a long-term student or work visa, and have been resident in the UK for over six months. If this is the case, I highly suggest you file via DCF before you leave the UK. It is far faster than filing via the US service centers, and is actually cheaper.

In answer to your question, and assuming you are eligible for DCF, you can always use a joint sponsor if you are unemployed at the time of the interview. It is something that a lot of DCF people have to do, since they have no US-based income (or income continuing from a non-US source after relocation to the US) to use. You do not need to be employed at the time you file the I-130. After you relocate to the US, you will no longer be eligible for DCF so please consider filing ASAP in order to save a lot (anywhere from 4 months on up) of time in processing.

I'm moving this from IR1/CR1 to the DCF forum where more people can help answer your questions, and you can start asking some more!

[Reow 0]

In answer to your question, and assuming you are eligible for DCF, you can always use a joint sponsor if you are unemployed at the time of the interview. It is something that a lot of DCF people have to do, since they have no US-based income (or income continuing from a non-US source after relocation to the US) to use. You do not need to be employed at the time you file the I-130. After you relocate to the US, you will no longer be eligible for DCF so please consider filing ASAP in order to save a lot (anywhere from 4 months on up) of time in processing.

I'm moving this from IR1/CR1 to the DCF forum where more people can help answer your questions, and you can start asking some more!

I just wanted to add that while I'm not very experienced with this process, I can tell you my experience so far. I filed DCF in late December, with a job waiting in the states Feb 1 (I was a student so I had no income at that time). I left the UK to began working. I disclosed this in my forms, and when they asked for additional information I had to put my present address (which is in the U.S.) in a sworn statement. None of this has been a problem - they just approved our I-130 last week. So it seems (based on my experience) that you could file and then leave for your job (my husband is still in the UK waiting for the visa, and fixing up our house to rent, etc - he coordinates all the mailings from there), so long as you meet the DCF requirements at the time of filing.

[elmcitymaven 9,712]

I just wanted to add that while I'm not very experienced with this process, I can tell you my experience so far. I filed DCF in late December, with a job waiting in the states Feb 1 (I was a student so I had no income at that time). I left the UK to began working. I disclosed this in my forms, and when they asked for additional information I had to put my present address (which is in the U.S.) in a sworn statement. None of this has been a problem - they just approved our I-130 last week. So it seems (based on my experience) that you could file and then leave for your job (my husband is still in the UK waiting for the visa, and fixing up our house to rent, etc - he coordinates all the mailings from there), so long as you meet the DCF requirements at the time of filing.

That's correct. All you have to do is meet the requirements on the day you post the I-130. You could theoretically file the I-130 and then step on a plane back to the US!