How would this work?

[hayswitchel 0]

We are overseas and residents of the country we are living in. I am an american and my husband is from a third country (not from where we are currently living--we've been married ten years).

My husband has the potential to get a job in the US under an H visa. However, it is possible that it would be easier to get a job if he had a greencard.

If we do the DCF and we get it, do they attach something to the passport? What if he gets an interview and has to enter the US prior to our moving there?

curious ....

[sophyie 0]

We are overseas and residents of the country we are living in. I am an american and my husband is from a third country (not from where we are currently living--we've been married ten years).

My husband has the potential to get a job in the US under an H visa. However, it is possible that it would be easier to get a job if he had a greencard.

If we do the DCF and we get it, do they attach something to the passport? What if he gets an interview and has to enter the US prior to our moving there?

curious ....

If you do DCF you'll have your CR/IR-1 visa in your passport just like any other visa.

Once the visa is issued, he'll have to go to the US to activate it within 6 months.

What do you mean by your last question? Do you mean an interview for a job or the visa interview?

He can then go back to where you are until you move- don't forget that you have to have a mailing address in the US where the greencard will be sent to.

Also, be aware that as a greencard holder, you can not be outside of the US for more than 364 days a year.

Where do you live now? If you give details, maybe you can find out more about processing times etc, and plan the whole visa process accordingly, so you can avoid going back and forth...

Good luck!

[hayswitchel 0]

We are in the Netherlands. I meant by the last question that if my husband got an interview with an employer. He's in academia.

We spent the first 6 years of our marriage in the US whilst he was on a J1 visa with home country residency restrictions. When the J1 visa was finished we applied for a visa waiver to the home country residency restrictions and got it, but we moved overseas instead of staying in the US.

Oh dear, I wonder if we wouldn't be able to go this route as I have been a stay at home mom since our second child was born 3 years ago (meaning I generate no income).

Hmmm....

If you do DCF you'll have your CR/IR-1 visa in your passport just like any other visa.

Once the visa is issued, he'll have to go to the US to activate it within 6 months.

What do you mean by your last question? Do you mean an interview for a job or the visa interview?

He can then go back to where you are until you move- don't forget that you have to have a mailing address in the US where the greencard will be sent to.

Also, be aware that as a greencard holder, you can not be outside of the US for more than 364 days a year.

Where do you live now? If you give details, maybe you can find out more about processing times etc, and plan the whole visa process accordingly, so you can avoid going back and forth...

Good luck!

[sophyie 0]

We are in the Netherlands. I meant by the last question that if my husband got an interview with an employer. He's in academia.

We spent the first 6 years of our marriage in the US whilst he was on a J1 visa with home country residency restrictions. When the J1 visa was finished we applied for a visa waiver to the home country residency restrictions and got it, but we moved overseas instead of staying in the US.

Oh dear, I wonder if we wouldn't be able to go this route as I have been a stay at home mom since our second child was born 3 years ago (meaning I generate no income).

Hmmm....

Well, you can download the affidavid of support forms (I-864, I-864A etc) and read through them in order to see if there's a way for you. Can't imagine it would not be possible...

http://149.101.23.2/graphics/formsfee/forms/index.htm

I'm not too familiar with all the possibilities because our case was a straight forward "USC earns enough for sponsoring"-case, but I think you can list both of yours assets, or have a co- sponsor for your husband...

Sorry I couldn't be more specific- and good luck on your journey!

[meauxna 15]

My husband has the potential to get a job in the US under an H visa. However, it is possible that it would be easier to get a job if he had a greencard.

If we do the DCF and we get it, do they attach something to the passport? What if he gets an interview and has to enter the US prior to our moving there?

No possible about it, it will be easier for him to get a job is he is a Permanent Resident vs an H. The H1-B costs the employer several thousand; as a Green Card holder, you husband can simply be hired straight away.

Once you file the I-130 in Amsterdam, the process is very fast--certainly inside of 2 months, maybe less. There is a forum at http://www.usadutch.com/ where you can read all the up to date stuff. If this timetable is correct, travel should not be an issue.

However, while he is applying for the visa, he can still go to the US as a visitor for a job interview.

Oh dear, I wonder if we wouldn't be able to go this route as I have been a stay at home mom since our second child was born 3 years ago (meaning I generate no income).

If your husband gets a job in the US before he gets his visa, that will certainly help. The suggestion that you start reading the I-864 is a good one; you'll get other ideas as you read the forums as well. It's certainly possible to do all this from overseas.

Have a read of the DCF Guide here at VJ as well: http://www.visajourney.com/forums/index.ph...om&page=dcf

[hayswitchel 0]

Thank you, I've been reading all night. It seems that my husband can be considered a household member for the purposes of pooling income if he #1 is my spouse and #2 can show that his income will continue from the same source after acquiring permanent residence.

sooo.... it looks workable.....the only way to know is to jump in, I guess.

[hayswitchel 0]

DOes the following passage (from the I-864W) form mean that the credits can be pooled between the sponsor and the immigrant?

You have earned (or can be credited with) 40 quartersof coverage under the Social Security Act (SSA). If youhave 40 quarters or SSA coverage, you are exempt fromthe requirement to file Form I-864. You can acquire 40qualifying quarters in the following ways:

Working in the United States for 40 quarters in whichyou received the minimum income established by theSocial Security Administration; or

By being credited under section 213(a)(3)(B) of theImmigration and Nationality Act with quarters workedby your spouse during the marriage or a parent duringthe time you were under 18 years of age; or

A combination of the above.

edited for spelling

Edited December 7, 2006 by hayswitchel

[Yodrak 7]

sophyie,

Yes, you can. The situation is not so simple as time out of the country alone.

Yodrak

.....

Also, be aware that as a greencard holder, you can not be outside of the US for more than 364 days a year.

.....

[sophyie 0]

Yep, you're right, I didn't put it right. Sorry if there's been confusion on this.

Thanks.

sophyie,

Yes, you can. The situation is not so simple as time out of the country alone.

Yodrak

.....

Also, be aware that as a greencard holder, you can not be outside of the US for more than 364 days a year.

.....

Edited December 7, 2006 by sophyie