Spousal Visa Questions, HELP!!!!

[celtic59 0]

1. I need to know before filing in London for a spousal visa, does my husband need to be in the US with a job first, or can he be here in the UK with me? If he is abroad, does that mean he won't come to the interview?

2. What exactly is the benefit of an attorney?

3. I have an abandoned case from the US as my husband couldn't sponsor me as he hadn't sufficient income for the previous 5 years and I needed to sell my UK flat to raise funds. I have an approved I-130, can I use that in

London or do I need to start over with everything again?

4.How long does it all take and how soon after approval must you leave? I mean if I was studying here on a course that ended next June and they said in March I could go,must I leave then?

[lquin 0]

1. I need to know before filing in London for a spousal visa, does my husband need to be in the US with a job first, or can he be here in the UK with me? If he is abroad, does that mean he won't come to the interview?

2. What exactly is the benefit of an attorney?

3. I have an abandoned case from the US as my husband couldn't sponsor me as he hadn't sufficient income for the previous 5 years and I needed to sell my UK flat to raise funds. I have an approved I-130, can I use that in

London or do I need to start over with everything again?

4.How long does it all take and how soon after approval must you leave? I mean if I was studying here on a course that ended next June and they said in March I could go,must I leave then?

Okay im going to make the following assumptions...

Your husband is the USC and you are a UKC.... and you are filing for the CR-1 / IR-1 visa to live in the US. If im right read on, if not let me know....

1. It is the US Citizen that petitions for the foriegn spouse not the other way around, so where he sends the petition depends on his location. If he is living in the US he will send the I-130 form to the Service Centre that services his area. He will only DCF (Direct Consular Filing) in london if he resides in the UK, usually you can only apply in London if you have LLR (Limited Leave to Remain) in the UK (although this is not always the case).

2. I see an attorney as no real benefit and they are unable to do anything you are not able to do for yourself.

3. The I-130 is sent to whatever Service Center has jurisdiction over his place of residence, it can only be sent to London if he is in the UK

4. How long does it take?.. How long is a piece of string ?, although many cases seem to be approved in around 9 months from start to finish. Once you case is approved I think you have 6 months to use your visa

Edited August 21, 2006 by lquin

[celtic59 0]

1. I need to know before filing in London for a spousal visa, does my husband need to be in the US with a job first, or can he be here in the UK with me? If he is abroad, does that mean he won't come to the interview?

2. What exactly is the benefit of an attorney?

3. I have an abandoned case from the US as my husband couldn't sponsor me as he hadn't sufficient income for the previous 5 years and I needed to sell my UK flat to raise funds. I have an approved I-130, can I use that in

London or do I need to start over with everything again?

4.How long does it all take and how soon after approval must you leave? I mean if I was studying here on a course that ended next June and they said in March I could go,must I leave then?

Okay im going to make the following assumptions...

Your husband is the USC and you are a UKC.... and you are filing for the CR-1 / IR-1 visa to live in the US. If im right read on, if not let me know....

1. It is the US Citizen that petitions for the foriegn spouse not the other way around, so where he sends the petition depends on his location. If he is living in the US he will send the I-130 form to the Service Centre that services his area. He will only DCF (Direct Consular Filing) in london if he resides in the UK, usually you can only apply in London if you have LLR (Limited Leave to Remain) in the UK (although this is not always the case).

2. I see an attorney as no real benefit and they are unable to do anything you are not able to do for yourself.

3. The I-130 is sent to whatever Service Center has jurisdiction over his place of residence, it can only be sent to London if he is in the UK

4. How long does it take?.. How long is a piece of string ?, although many cases seem to be approved in around 9 months from start to finish. Once you case is approved I think you have 6 months to use your visa

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

[Matcoody 0]

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

I don't mean to butt in with only an inkling of how this works, but I'm pretty sure he will need to have a secure income in the US before you can apply, unless you have someone else in the US who is eligible/willing to sponsor you. His UK income will end when the two of you move to the States, and it's your support on US soil that they're going to care about. I'm sure somebody else will come along and elaborate more fully.

Cat

Edited August 21, 2006 by Matcoody

[lquin 0]

1. I need to know before filing in London for a spousal visa, does my husband need to be in the US with a job first, or can he be here in the UK with me? If he is abroad, does that mean he won't come to the interview?

2. What exactly is the benefit of an attorney?

3. I have an abandoned case from the US as my husband couldn't sponsor me as he hadn't sufficient income for the previous 5 years and I needed to sell my UK flat to raise funds. I have an approved I-130, can I use that in

London or do I need to start over with everything again?

4.How long does it all take and how soon after approval must you leave? I mean if I was studying here on a course that ended next June and they said in March I could go,must I leave then?

Okay im going to make the following assumptions...

Your husband is the USC and you are a UKC.... and you are filing for the CR-1 / IR-1 visa to live in the US. If im right read on, if not let me know....

1. It is the US Citizen that petitions for the foriegn spouse not the other way around, so where he sends the petition depends on his location. If he is living in the US he will send the I-130 form to the Service Centre that services his area. He will only DCF (Direct Consular Filing) in london if he resides in the UK, usually you can only apply in London if you have LLR (Limited Leave to Remain) in the UK (although this is not always the case).

2. I see an attorney as no real benefit and they are unable to do anything you are not able to do for yourself.

3. The I-130 is sent to whatever Service Center has jurisdiction over his place of residence, it can only be sent to London if he is in the UK

4. How long does it take?.. How long is a piece of string ?, although many cases seem to be approved in around 9 months from start to finish. Once you case is approved I think you have 6 months to use your visa

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

You have two choices if you wish to apply in the Uk...

1. You will need to use your assets to qualify i.e. a house, etc.., you can use both yours and your husbands assets, there are plenty of documents on the website and the USembassy website explaining how you calculate your assets to money and the amount you will require.

or

2. You will need a co-sponsor domiciled in the US that makes enough money to sponsor the UKC.

The USC must always be the primary sponsor and must fill out a I-864 however you can use a co-sponsor

if the sponsor cannot meet the requirements of the sponsor, they too must file a I-864 explaining that they are willing to make their resources available to the intending immigrant

Edited August 21, 2006 by lquin

[waj 0]

If your husband has only been living in the UK for two months, I don't believe you'll be able to do direct consular filing. I think that he must have been granted indefinite leave to remain in the UK to apply that way.

I (USC) am currently living in England with my husband (UKC) awaiting completion of his visa. When we initially sent in the I-130, I had been living here for under a year. We were under the impression that we could apply directly to the embassy, but when we did that, we received a letter stating that I had not lived in the UK long enough and would have to re-subimt our paperwork to the appropriate service centre in the States. I have since read that in order to take advantage of direct consular filing, you must have completed the two year period here in the UK and have been granted indefinite leave to remain.

Things could have changed since I first applied in 2004, but I thought this would be something that you might want to look into now in order to save time later!

[aussiewench 9]

1. I need to know before filing in London for a spousal visa, does my husband need to be in the US with a job first, or can he be here in the UK with me? If he is abroad, does that mean he won't come to the interview?

2. What exactly is the benefit of an attorney?

3. I have an abandoned case from the US as my husband couldn't sponsor me as he hadn't sufficient income for the previous 5 years and I needed to sell my UK flat to raise funds. I have an approved I-130, can I use that in

London or do I need to start over with everything again?

4.How long does it all take and how soon after approval must you leave? I mean if I was studying here on a course that ended next June and they said in March I could go,must I leave then?

Okay im going to make the following assumptions...

Your husband is the USC and you are a UKC.... and you are filing for the CR-1 / IR-1 visa to live in the US. If im right read on, if not let me know....

1. It is the US Citizen that petitions for the foriegn spouse not the other way around, so where he sends the petition depends on his location. If he is living in the US he will send the I-130 form to the Service Centre that services his area. He will only DCF (Direct Consular Filing) in london if he resides in the UK, usually you can only apply in London if you have LLR (Limited Leave to Remain) in the UK (although this is not always the case).

2. I see an attorney as no real benefit and they are unable to do anything you are not able to do for yourself.

3. The I-130 is sent to whatever Service Center has jurisdiction over his place of residence, it can only be sent to London if he is in the UK

4. How long does it take?.. How long is a piece of string ?, although many cases seem to be approved in around 9 months from start to finish. Once you case is approved I think you have 6 months to use your visa

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

You have two choices if you wish to apply in the Uk...

1. You will need to use your assets to qualify i.e. a house, etc.., you can use both yours and your husbands assets, there are plenty of documents on the website and the USembassy website explaining how you calculate your assets to money and the amount you will require.

or

2. You will need a co-sponsor domiciled in the US that makes enough money to sponsor the UKC.

The USC must always be the primary sponsor and must fill out a I-864 however you can use a co-sponsor

if the sponsor cannot meet the requirements of the sponsor, they too must file a I-864 explaining that they are willing to make their resources available to the intending immigrant

In addition.........

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

Source of the above plus more on US domicile HERE

Make sure you have also read the New Ruling Regarding Affidavits Of Support.

[celtic59 0]

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

I don't mean to butt in with only an inkling of how this works, but I'm pretty sure he will need to have a secure income in the US before you can apply, unless you have someone else in the US who is eligible/willing to sponsor you. His UK income will end when the two of you move to the States, and it's your support on US soil that they're going to care about. I'm sure somebody else will come along and elaborate more fully.

Cat

Does he actually have to be working in the states before we apply in London? He is a teacher, and the only way he would be able to actually work is to leave here first, with me.

[aussiewench 9]

celtic

Does he have indefinate leave to remain in the UK? According to the US London website this would be stamped in his passport. If not then he is ineligible to file the I-130 in London and must file through USCIS service center in the US.

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

[lquin 0]

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months). If he stays here and works, and he has no employment lined up for the states when we apply through the London office, will that be held against us? Would it make more sense for him to take a job now (he is a teacher) in the states and then start all over again, reapplying from the states? Our first attempt from the states was turned down because we didn’t have enough money to use for collateral, my husband could not sponsor me because he had spent the last 4 years in college and did not work. Thanks for your help!!

I don't mean to butt in with only an inkling of how this works, but I'm pretty sure he will need to have a secure income in the US before you can apply, unless you have someone else in the US who is eligible/willing to sponsor you. His UK income will end when the two of you move to the States, and it's your support on US soil that they're going to care about. I'm sure somebody else will come along and elaborate more fully.

Cat

Does he actually have to be working in the states before we apply in London? He is a teacher, and the only way he would be able to actually work is to leave here first, with me.

He doesnt have to be working first but he must have a residence in the US as stated by aussiewench

Edited August 21, 2006 by lquin

[meauxna 15]

My US husband has been granted a spousal settlement visa for here in the UK which is where we live now (we have been here for two months).

I answered you in the DCF forum, but you left out this most important piece of information.

You need to find out where his I-130 is and get it transferred to the NVC to start immigrant visa processing. I say this because he does not qualify to file I-130 in London, and you already have an approved I-130 (right?).

Your problem remains the same as it ever was: your husband needs to have a US income at/above poverty level for your household or assets between you in excess of the limits or get a Joint Sponsor who will sign for you.

I don't see what leaving the US solved for you, sorry to say, but maybe that info was also posted elsewhere.

Edited August 21, 2006 by meauxna