# Visa scenario advice



## Bone00746 (Sep 30, 2016)

Hi guys, I'm a US citizen currently living in the UK with my wife (uk citizen ) . We've been together for 3 years and just got married here in England this past February . She's an elementary school teacher finishing up her 2nd year of teaching and we both want to move back to the states in 2018 , to start a family and a better way of living . We are currently researching on how foreign teachers obtain teaching jobs in the states , but not through those exchange programs where they pretty much give you the only options to work where it's in the ghetto or the middle of nowhere and possibly not the state you want to live in. Should we just email and call the department of education for the states we specifically want to work in and get started that way ? Any advice would be helpful . 

Here's the visa scenario I need advice on if she is able to obtain a work visa and teaching job in the US: let's say we are successful and she's currently on whichever work visa she ends up getting ,living in the states with me . could I then file a petition for her to stay with me as a spouse (i130) , and if I can and it goes through , would she be able to switch over to that visa /green card whilst being on a work visa ? 

I also read something about a 2 year return to home country once the work visa (I think it's a J) expires, we'd be filing for spouse visa during the first year of that work visa , so would we be able to get around that rule if she can successfully switch over to the spouse visa and reside permantly with me? 

I know I'm thinking way ahead here , as we should be focusing on just getting her a job there first ,we are . But knowing about how this works would definitely be usueful knowledge and help us pursue this goal and we'd have a real idea of how this process works and if it's doable . It took me a little over a year to get to the UK , but we perservered and did it , and it was totally worth the effort . We're in this for the long run and are willing to do whatever it takes to come back home and settle down and have a kid . Thanks for reading !


----------



## twostep (Apr 3, 2008)

"Getting around rules" and US immigration tends to backfire. 

You are throwing all sorts of unrelated things in one pot. Work your way through spousal and employer based US visa on travel.state.gov. 

Why do you want to go the employer route?

You will find that public education does not sponsor visa for educators unless it is through a limited number of programs and agencies and that tends to be as you call it in the ghetto or the middle of nowhere.


----------



## Bevdeforges (Nov 16, 2007)

I think you'd do better to just get her a spouse visa as your wife. Of course, that means that you would have to find a job of some sort - or find a co-sponsor to get you over there and settled. But it eliminates the whole "work visa" hassle.

As far as teaching qualifications are concerned, forget the US Dept of Education. Teaching licenses are controlled at the state level. So pick which state or states you may want to live in and check the state teacher certification requirements. They may have a link somewhere to any credits granted for overseas teaching qualifications, or special evaluation processes, but that is going to vary state by state.
Cheers,
Bev


----------



## Bone00746 (Sep 30, 2016)

The reason we're thinking going through employer and getting a work visa is because , US teachers make more money than UK ones (they are ridiculously underpaid for their work) , so let's say she Were able to find a full time teaching gig at a public school durning this year , we could be looking at moving summer 2018 . Where as if we go straight with a spousal visa route , I have no info as to how long that takes and if it were to take the same amount of time as the employer route would . My wife is the takes home most of the bread , as I supplement it with my lesser income , so I would think that if I were to go about it through spousal visa route , I'd have to go back to the states , get a job , show earnings for a year and residence then apply. Which would mean we are looking at 2019 . Or in the financial requirements for spousal visa , is there a way to prove financial support through savings ? If they don't consider her earnings since technically once she comes to the states she wouldn't have any income , we would have savings and my income to show (which means I move back and earn first) . Thanks for your reply and I'd appreciate it if you can clarify this .


----------



## Bone00746 (Sep 30, 2016)

in the UK spousal visa , which I have , allows you to meet the financial requirements through your own income, sponsors income , OR savings . Hence why I asked if the US let's you do that as well. And coming to the UK was no easy task . 

Ps: we're looking at Washington state , it's like my second home. We've gone on the states board of ed site and looked through the requirements etc . It actually looks like she'd qualify to obtain a teaching license there based on criteria they ask to meet. So could she simply apply for jobs and see if she lucks out ? We got nothing to lose anyway.


----------



## Bevdeforges (Nov 16, 2007)

There is a way to use savings as proof of financial resources, but I'll have to defer to the folks here who have experience with these things.

But, other than a time-limited exchange program, it is next to impossible to get a work visa for a teaching job. The exchange program visas are non-immigrant visas and often do have a requirement that you have to return to your home country when the exchange program is done. The fact of being married to a US citizen could very well taint her ability to change visa types once in the US, since it's pretty clear that her intention was always to remain in the US. And Immigration takes that sort of thing really seriously.
Cheers,
Bev


----------



## Bone00746 (Sep 30, 2016)

Bevdeforges said:


> There is a way to use savings as proof of financial resources, but I'll have to defer to the folks here who have experience with these things.
> 
> But, other than a time-limited exchange program, it is next to impossible to get a work visa for a teaching job. The exchange program visas are non-immigrant visas and often do have a requirement that you have to return to your home country when the exchange program is done. The fact of being married to a US citizen could very well taint her ability to change visa types once in the US, since it's pretty clear that her intention was always to remain in the US. And Immigration takes that sort of thing really seriously.
> Cheers,
> Bev


Thank you for the reply . Yea I've heard of immigration being very serious with that, so I'm assuming no one on here would recommend being on a work visa for x amount of time and switching to a permanent spouse visa during that period . I wouldn't want to take risks like that especially if us going about it the right way means we can stay indefinitely . 

If we do go the spousal visa route , and sort out the financial requirements , does this mean I'd have to move to Washington and secure a residence for a certain amount of time then apply ? And the spouse of the us citizen can come over while the petition is processing ?


----------



## Bone00746 (Sep 30, 2016)

I found the uscis gov website explaining how a sponsor can meet the financial requirements through assets. That part isn't too bad at all . So now the big question is , if I were to go through with this, would I have to move back to Washington , secure residence , and for how long before I can file the petition and start the process ? Thanks all


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> I found the uscis gov website explaining how a sponsor can meet the financial requirements through assets. That part isn't too bad at all . So now the big question is , if I were to go through with this, would I have to move back to Washington , secure residence , and for how long before I can file the petition and start the process ? Thanks all


You can file Direct Consular Filing DCF at London. Plenty threads here about is. Then both of you move.

It is possible to adjust status from employment to spouse but it is not likely for an elementary teacher with barely two years of experience to find an employer willing and able to sponsor. I remember one here who was very specialized and got picked up by an international school in Philly or Boston.

Web.thenewstribune.com/databases/school_pay


----------



## Bone00746 (Sep 30, 2016)

Thanks for the response and info. Well with the timeline we had planned out , she'd be 3 full years experienced, cause we'd want to move summer 2019 . (the stated minimum requirement on washingtons state board of ed site ) . I was about to ask what DCF is etc, but I'll check out the site and let u know if I have any questions. I appreciate the help


----------



## Bone00746 (Sep 30, 2016)

@twostep : so if I file directly with the consulate here in London , it says they recommend filing the i-130 10 months prior to the month we'd want to move . Is this good advice ? So if the petition is approved and we've gone through the process and she's finally granted the visa /green card while I'm here in the UK with her, where does the affidavit of support come into play? Cause again , we'd both be working here in the UK and obviously not having any income when we go to the states . So we're going to rely on savings . And going through the DCF directly means we can move together when all is said and done? I don't have to prove that I have secured a residence prior to filing the petition? 

I also read that under 2 years marriage when filing and if approved grants her a 2 year visa , and ability to apply to extend 90 days prior to the 2yr visa expiring . Is this correct ? So she'd have no problem legally working if granted the visa right .


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> Thanks for the response and info. Well with the timeline we had planned out , she'd be 3 full years experienced, cause we'd want to move summer 2019 . (the stated minimum requirement on washingtons state board of ed site ) . I was about to ask what DCF is etc, but I'll check out the site and let u know if I have any questions. I appreciate the help


There is no telling what US immigration will look like in 2019. You can be proactive and collect documentation as required now and find sponsor/cosponsor if necessary. Or go DCF while it is still available, vacation in WA, file re-entry permit and be able to apply for licenses and jobs as GC holder. Does WA hire GC holders? It has been a while that I lived in the state you recognize natives by the moss between the toes.


----------



## Bone00746 (Sep 30, 2016)

Haha I like that one . Thanks for your advice . I made a mistake and technically she'd have 3 years teaching under her belt by summer 2018 , so if we were to go DCF , we'd have to make that decision and start compiling docs this September /October if we want to make it over to WA by July 2018. Gonna keep saving . 

When you say re entry , you mean the application for extension of green card to stay after the expiry of initial green card right ? That initial one is 2 years, and we would be married 2 years Feb 2018 , so the extension would grant her 10 years after the initial 2 correct ?


----------



## Bone00746 (Sep 30, 2016)

Ps : can a green card holder legally teach in schools ? I know the green card holder has the right to work etc , but wanted to know if anyone has info on teaching specifically , as it might be an exception .


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> Haha I like that one . Thanks for your advice . I made a mistake and technically she'd have 3 years teaching under her belt by summer 2018 , so if we were to go DCF , we'd have to make that decision and start compiling docs this September /October if we want to make it over to WA by July 2018. Gonna keep saving .
> 
> When you say re entry , you mean the application for extension of green card to stay after the expiry of initial green card right ? That initial one is 2 years, and we would be married 2 years Feb 2018 , so the extension would grant her 10 years after the initial 2 correct ?


Re-entry Permit once approved allows a GC holder to leave the US up to two years without violating GC requirements. It has no impact on having to file ROC - removal of conditions.

Make yourself a list of terms!


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> Ps : can a green card holder legally teach in schools ? I know the green card holder has the right to work etc , but wanted to know if anyone has info on teaching specifically , as it might be an exception .


The respective job posting should go into this detail.

You seem to assume that she will get a job as soon as she has her GC.


----------



## Bone00746 (Sep 30, 2016)

No I don't think that at all. I know damn well she's going to have to look for a teaching gig like all the others in the state looking for one .


----------



## Bone00746 (Sep 30, 2016)

Oh I see you mentioned filing for re entry permit as if she /we might leave the US again and be able to return . Well I can tell you , if we're able to live and settle in eastern WA, we're not going back to the UK that's for sure lol


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> No I don't think that at all. I know damn well she's going to have to look for a teaching gig like all the others in the state looking for one .


Is cussing a necessity?


----------



## twostep (Apr 3, 2008)

Bone00746 said:


> Oh I see you mentioned filing for re entry permit as if she /we might leave the US again and be able to return . Well I can tell you , if we're able to live and settle in eastern WA, we're not going back to the UK that's for sure lol


No, you did not understand.


----------



## Bone00746 (Sep 30, 2016)

Is this forum rated G or something ? By no means do I have a sailors mouth but I'm sure "damn" isn't much of a cuss word . Sorry to offend anyone here using a synonym of the word darn etc. I was just showing strong emphasis that I'm not naive and I know finding a job for her or myself ISNT a walk in the park. Cmon man!


----------



## Bone00746 (Sep 30, 2016)

What did I not understand then? Care to explain , cause when you mentioned re entry is was in the context of filing DCF right away "vacation in WA" , then the mention of filing for re entry . And your explanation of the re entry part was about being able to leave the country without violating the GC's rules , so I just used a hypothetical scenario where the re entry makes sense , and that she wouldn't leave the US after finally getting there and obtaining a GC . I'd appreciate the clarification .


----------



## Bellthorpe (Jun 23, 2013)

twostep said:


> Bone00746 said:
> 
> 
> > Ps : can a green card holder legally teach in schools ? I know the green card holder has the right to work etc , but wanted to know if anyone has info on teaching specifically , as it might be an exception
> ...


It has nothing at all to do with the job. A green card holder has exactly the same privileges as a resident, except for the job of President, and some defence related positions that specify that you must be a citizen.

Heck, you can even work for the CIA with a green card!



Bone00746 said:


> Is this forum rated G or something ? By no means do I have a sailors mouth but I'm sure "damn" isn't much of a cuss word .


Nope, that's just twostep - a bit of a quirk.


----------



## Bone00746 (Sep 30, 2016)

Thank you for your knowledge . And yea I didn't appreciate the way 2step wrote the last 2 responses. Nevertheless I still appreciate the help . Thanks 2step


----------



## twostep (Apr 3, 2008)

Bellthorpe said:


> It has nothing at all to do with the job. A green card holder has exactly the same privileges as a resident, except for the job of President, and some defence related positions that specify that you must be a citizen.
> 
> Heck, you can even work for the CIA with a green card!
> 
> ...


 You will be hard pressed to find some public positions open to GC holders.


----------



## Bellthorpe (Jun 23, 2013)

Well there's always that CIA job ...


----------

