Is this a good sign?

[pandainamerica 6]

Now, you may be thinking that I'm not allowed to use that income; But the forms instructions themselves state that we can use foreign income, especially that of a spouse, providing it will continue after a successful application.

You are correct in that you can technically do this, but keep in mind it is an unusual situation, and you should plan for the case of the IO that may need reminding of this point. If I were you, I'd try really hard to find a joint sponsor, even 'just in case', and I'd look for an immigration attorney to review your case for red flags or even come with you to the interview (with experience in your exact situation, otherwise it'll be likely a waste of money).

The pertinent sentence from the instructions: "...lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. ... "(emphasis mine). The difficulty is that your situation is unusual; the typical case is where the immigrant adjusted form a H1(b) or other work visa and held a job in the US, and will continue to do so. You will have to convince the IO both that the income is from a 'lawful source', and that it 'will continue to be available ... after he or she acquires permanent resident status'.

I understand that you have a business in the UK that produces (I assume) a steady (and fully documented) income, but the question is, will it continue to make a steady income when you live in the US without extended visits back to the UK? Can it be managed effectively from afar? Assuming the IO even is aware that foreign income is permitted, a skeptical IO may very well suspect whether you may spend extended periods back in the UK, thus defeating the main purpose of LPR status.

Another thing you have to consider is the standard list of red flags (this list comes from an internal worksheet). Do any of these apply to you? The more red flags you have, the more interview preparation you should do (and the more I would recommend finding an attorney to come with you to the interview). If you are interested, bug me to write up the preparation I did for my interview. The cliff notes version is that both you and your wife should know every answer to the questions asked in the forms (especially G-325A, you will almost certainly be asked the names of your spouse's parents, and also the prior addresses and jobs you and your wife held. ).

Edited May 23, 2015 by pandainamerica

[BritInMA 15]

You are correct in that you can technically do this, but keep in mind it is an unusual situation, and you should plan for the case of the IO that may need reminding of this point. If I were you, I'd try really hard to find a joint sponsor, even 'just in case', and I'd look for an immigration attorney to review your case for red flags or even come with you to the interview (with experience in your exact situation, otherwise it'll be likely a waste of money).

The pertinent sentence from the instructions: "...lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. ... "(emphasis mine). The difficulty is that your situation is unusual; the typical case is where the immigrant adjusted form a H1(b) or other work visa and held a job in the US, and will continue to do so. You will have to convince the IO both that the income is from a 'lawful source', and that it 'will continue to be available ... after he or she acquires permanent resident status'.

I understand that you have a business in the UK that produces (I assume) a steady (and fully documented) income, but the question is, will it continue to make a steady income when you live in the US without extended visits back to the UK? Can it be managed effectively from afar? Assuming the IO even is aware that foreign income is permitted, a skeptical IO may very well suspect whether you may spend extended periods back in the UK, thus defeating the main purpose of LPR status.

Another thing you have to consider is the standard list of red flags (this list comes from an internal worksheet). Do any of these apply to you? The more red flags you have, the more interview preparation you should do (and the more I would recommend finding an attorney to come with you to the interview). If you are interested, bug me to write up the preparation I did for my interview. The cliff notes version is that both you and your wife should know every answer to the questions asked in the forms (especially G-325A, you will almost certainly be asked the names of your spouse's parents, and also the prior addresses and jobs you and your wife held. ).

Hi Panda!

I have looked at the red flags - only one of them is even slightly true, and that's the marriage after divorce; Although my (now) wife and I were together almost 2 years before our marriage, her ex-husband drew out a long and evil divorce. The divorce was initially filed 15 months before we married, it was just long and drawn out. None of the other red are even remotely applicable.

I would be happy to outline our entire relationship in a PM if you're willing to listen and give feedback.

As for the business, I've been here almost 2 years now, with only a small handful of days back in the UK and most of them were visiting family & friends (using a combination of VWP at first, then onto B2, with a side of luck at CBP each time); The business has a manager that runs it for us, and an accountant that takes care of that side of the business; We are fortunate! That much I know. Yes the income is fully documented, and indeed my RFE included a years worth of bank statements for the business, as well as our UK and USA bank account, money transfer receipts, etc etc. (UK business pays into UK account, we transfer that to the USA account using a middle-man broker in the UK, hence all four were sent as evidence).

I would love to see your prep work - would you like hourly, daily or weekly bugs ^_~

Take care, enjoy your holiday weekend, and thank you for your input! It is very much appreciated and welcomed, even if it isn't "what I want to hear"

[Pitaya 2,577]

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