Both living in Britain, but want to want to file for an IR1:confused about AOS etc

[mustbetheplace 0]

Hi

This forum seems pretty invaluable, this is my first post here...

Apologies in advance if this is something that's been covered ad nauseum in the past, but I've been trying to get my head around the myriad of forms and stuff and it'd be great if someone could set me straight.

Ok so our situation is:

I'm British with an American wife. We've been married 2.5 years and she has ILR for the UK. We live in London.

We're now looking at options for moving over to New York.

As I understand it, I'd have to file the I-130, and can do that at the USCIS office here in London.

The thing that throws me a little is the AOS: we're both obviously working Full time in London, but if we moved, we'd look to get jobs in The States...would my wife's UK income count toward AOS? Or would she have to move first, find a job, then apply for the rest of the process from AOS onwards?

It'd be great if someone could suggest the most sensible route for us to take regarding this.

Any help would be appreciated.

Thanks

[Penguin_ie 5,996]

**** Moving from CR-1 to DCF forum, as OP will file directly with the embassy ****

Welcome to Visajourney! We did something similar to you, but in Ireland. Your UK income doesn't count, as the income must be current AND ongoing when you immigrate. You have four options:

1. Get a co-sponsor; a US based greencard holder or US citizen who will stand financial guarantoor for you.

2. Sponsor on assets (savings, property etc); you wil need x3 the income level for your household, so at least $60'000 if it is just you and her, no kids.

3. Do as you suggest and once the I-130 is approved, have her move to the USA and take a job there (of course with the current economy, she may not get a job right away....).

4. If one of you works for a multi-national, get approved for a transfer to their US offices, as that would make your income current and ongoing once you immigrate.

[lost_at_sea 995]

Hey, welcome to the forum.

So... You're married, both living in the UK. That's pretty good, it means you can do DCF - which means you get to file direct with the London Embassy, instead of via the States. The good thing about that is it takes 3 - 5 months total, rather than 7 - 12!

You won't be doing an Adjustment of Status - as soon as you enter the USA on the IR-1 visa (which is what you'd get) you'll immediately get a Green Card. There's nothing else you have to do on the USA side.

Penguin's advice above about financial sponsorship is good - it's your only real sticker. Your wife needs to be able to show that she intends to re-domicile in the USA.

London has a guide here: http://london.usembassy.gov/dhs/uscis/i130filing.html

There's also been a couple other people just starting out too, and their threads are here, and might be interesting reads for you:

http://www.visajourney.com/forums/topic/441044-need-help/

http://www.visajourney.com/forums/topic/440216-confused/

I just completed the route you're about to take last week.

Edited July 21, 2013 by lost_at_sea

[mustbetheplace 0]

Wow: thanks for the speedy reply!

With the co-sponsor option, would they just have to be earning a certain amount, and then that'd cut it.

Might look into having the in-laws co-sponsor, assuming that wouldn't create any additional complications...would certainly beat being apart for months on end.

Thanks again

[lost_at_sea 995]

Wow: thanks for the speedy reply!

With the co-sponsor option, would they just have to be earning a certain amount, and then that'd cut it.

Might look into having the in-laws co-sponsor, assuming that wouldn't create any additional complications...would certainly beat being apart for months on end.

Thanks again

Yeah, with co-sponsor, they have to be earning 125% of the poverty guidelines for themselves + their household + the sponsoring immigrant (you!).

You can see the numbers here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Co-sponsorship is fairly common. Some embassies don't allow it - but London does.

[mustbetheplace 0]

Fantastic!

So the process would probably be something like :

File I130 in London with AOS citing American co-sponsor

Wait For notice of receipt then arrange medical

Interview

?

So, if we're looking to move next May (we want to get saving up a bit first), would it be sensible to hold off filing the I-130 for a while? I've heard that you don't really want to delay once you actually have the visa. Don't want to be caught short, but also don't want to be waiting around too long

Thanks again guys

[lost_at_sea 995]

Fantastic!

So the process would probably be something like :

File I130 in London with AOS citing American co-sponsor

Wait For notice of receipt then arrange medical

Interview

?

So, if we're looking to move next May (we want to get saving up a bit first), would it be sensible to hold off filing the I-130 for a while? I've heard that you don't really want to delay once you actually have the visa. Don't want to be caught short, but also don't want to be waiting around too long

Thanks again guys

The visa you get will be valid for 6 months from the date you have your medical. So, maybe knowing that may help you factor.

Also, you won't provide info about finance until the interview.

Edited July 21, 2013 by lost_at_sea

[Penguin_ie 5,996]

File the I-130 now, in case there are delays. If it gets approved quickly, you can always wait a few weeks/ months to send back the next batch of documents.