# Need a little help from you guys..



## Hmuniz (Jan 14, 2017)

Hey everyone!

Just wondered if someone could help me out - I used this forum about 2 years for my husbands spouse visa and it was incredible!

My husband is from New York - he moved here around a year and a half ago on a spouse visa which still has a year left. Employment pay within his industry here is extremely low in comparison to America and has left us in a situation where he wants to move back home where we'll both benefit a lot more financially.

We have a 5 month old daughter so would like to move before she's 1 (I haven't applied for her residency yet as I'm not too sure what to do).

I work for a US company in the city here.. my manager doesn't want me to go and is always putting me off moving.
I've hinted on a transfer and I think he'd deffo help as much as he could but I wanted to find out my options really..

How would we apply for a spouse visa here? Would he have to move to the US by himself, find work etc before he could apply for me to come? We have a baby so it's something we couldn't do and I'm unsure if there's any other way around that.

If I were to transfer could I then apply for my visa when I start working in the US or start the ball rolling here?

Any help would be great! 

We would just like to have our family together with zero time apart and I'm just wondering what my options are..

I am a global account manager for a technology company so not sure if that's a skilled worker or that would help in anyway? 

Thanks guys!


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## Crawford (Jan 23, 2011)

Having moved to the US on an L1 (intra company transfer) I would definitely chose this route over you applying for a spouse visa.

The L1 usually takes about 3 to 5 months to complete. However your company has to do the application not you, and there are costs involved for them. 

Going the spouse route means that your husband has to sponsor you. Either by income (in the US) or assets or having a joint sponsor.

It's a) he goes to the US, gets a job and then you apply for the visa; b)you have enough assets to cover the sponsorship; c)a relative/friend in the US acts as joint sponsor. If you go the spouse route, as husband currently lives in the UK, you can apply via the London Embassy (Direct Consular filing) and the process will be again, about 3 to 5 months.

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

If you go the spouse route, then once you are in the US you apply for your Employment Authorisation Document to be able to work.


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## Hmuniz (Jan 14, 2017)

Thanks so much! Just wanted to cover all options in case the transfer option isn't available.

My husband has a aunt who could possible co-sponsor who lives in New York.. is it a dossier you have to comply like the one I did for him to come here?

Also in terms of cost to the company how much are we talking about?

I've also seen jobs online advertised for US roles on U.K. Websites so that's a option too.

Unfortunately the option of him moving back and getting work is impossible as he currently looks after our daughter whilst I'm at work.


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## twostep (Apr 3, 2008)

Does your child have a US passport?


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## Crawford (Jan 23, 2011)

Any US citizen can sponsor him. Husband would be principal sponsor with the other person a joint sponsor,

Look at the following website to see how much the sponsor needs to have in income in order to sponsor. If your child has a US passport then its only you that needs to be included in the sponsorship financial requirement,

https://aspe.hhs.gov/poverty-guidelines

The sponsor needs to have income 125% of poverty level for size of household.

Assets can be used - the level is three times that of income.,

To obtain an L1 a ball park figure for the company is around $6K to $10K - immigration lawyers have to be used.


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## Hmuniz (Jan 14, 2017)

She doesn't have a us passport yet as she's only 5 months old and I wanted to do it all together. She's entitled to it I just have to find all the forms and docs to fill out.
Because I haven't done that then I'm guessing she'll be included in the docs?

The form is pretty short above? Is this all that needs filling out? I remember doing a whole load of paperwork for my hubby to come here so it seems to good to be true lol..


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## twostep (Apr 3, 2008)

Hmuniz said:


> She doesn't have a us passport yet as she's only 5 months old and I wanted to do it all together. She's entitled to it I just have to find all the forms and docs to fill out.
> Because I haven't done that then I'm guessing she'll be included in the docs?
> 
> The form is pretty short above? Is this all that needs filling out? I remember doing a whole load of paperwork for my hubby to come here so it seems to good to be true lol..


A US citizen has to enter/ leave the US with a US passport. Filing her Birth Abroad should be a priority.

Has your husband kept up with his US income tax filings?

What short form are you talking about? Pull up travel.state.gov or go directly to uscis.gov to review the US spousal Green Card process. According to what you posted here your husband can file for Direct Consular Filing DCF with the London Embassy. Plenty of info all over the forum.


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## Hmuniz (Jan 14, 2017)

Okay I'll get onto filing her birth abroad I didn't think we'd be in this situation but it did t work out the way we wished here unfortunately.

He's lived her for just over a year - I was under the impression that because he paid for taxes here he didn't have to do that? He mentioned that if he filed over there he'd we owed some money or something but I was never aware that he'd have to file them here and what and where he'd have to do it?

The form I was talking about was the I-130?


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## Hmuniz (Jan 14, 2017)

Will my husband fill out the I-864 and his aunt also fill it out too as I can't see a section for her?
He won't have employment there yet just wondered?


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## Crawford (Jan 23, 2011)

Hmuniz said:


> Will my husband fill out the I-864 and his aunt also fill it out too as I can't see a section for her?
> He won't have employment there yet just wondered?


You start with the I-130 as the petition for you. this is just the start of the paperwork.

At some stage you will be asked for the I-864. Your husband fills it out as main petitioner, his aunt then completes another I-864.

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents


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## Hmuniz (Jan 14, 2017)

You have both been fab thank you!

Time to talk to my job and if the transfer doesn't work out it'll be the other route.


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## Bevdeforges (Nov 16, 2007)

First of all, you absolutely need to register the child's birth - which involves going with the child in to the London Consulate. https://uk.usembassy.gov/u-s-citizen-services/birth/ As they say, you should probably get a passport and US social security number at the same time.

As far as taxes are concerned, your husband has to file them no matter where he lives in the world, whether or not he files taxes locally. The US tax year is different from the UK one, so if he didn't file 2015 (calendar) he needs to start there. Probably easiest just to "file late" and get it done with. 

For more on the immigration process, here's the London Consulate's section: https://uk.usembassy.gov/visas/family-immigration/
Cheers,
Bev


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## Hmuniz (Jan 14, 2017)

He hasn't got his W2 from his past employer so he'll have to get that..

Do you know where he would go to file it? We don't have H&R block here and I have no clue where to go.


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## twostep (Apr 3, 2008)

Hmuniz said:


> He hasn't got his W2 from his past employer so he'll have to get that..
> 
> Do you know where he would go to file it? We don't have H&R block here and I have no clue where to go.


Google is your friend. Plenty of on-line services such as Turbotax.I do not know if you download forms from the IRS.gov site. Bev - any idea?


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## Crawford (Jan 23, 2011)

This might help:

https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad

and there are loads of companies advertising the completion of tax returns for US citizen abroad.


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## Bevdeforges (Nov 16, 2007)

Be careful because the tax preparers abroad tend to be oriented toward "wealthy" expats, with fees to match.

Depending on his level of income, he may want to first take a look at using tax preparation software - though these days, most of it is through online sites. The IRS has its FreeFile program for those with income below certain levels. In any event, the Free File participants will give you an idea of the commercial sites out there (and H&R Block is included). Apparently TaxAct is the only vendor that sells a downloadable program that allows you to keep all your information on your own computer while you're preparing it.

There is also the IRS "Free File Fillable" forms - which provide little or no guidance, but allow you to prepare the forms online for eventual e-filing.

Point him over to our Expat Tax Section for more information on filing from overseas. The tax season is just starting, so not much activity yet. But in the meantime, he should take a look at IRS Publication 54 on Overseas Filers.
Expat Tax - Expat Forum For People Moving Overseas And Living Abroad
https://www.irs.gov/uac/about-publication-54
Cheers,
Bev


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## Hmuniz (Jan 14, 2017)

Hey guys..

Speaking to a colleague at work i've heard its rather difficult to get a work visa as my company will have to justify why I should get it and not a US citizen? I am a global account manager for a telecommunications company so i'm a little worried about this?

Having a look at our option with my husbands aunt - when I fill in the petition do I immediately pay the $535? How long will it take before I receive the visa number and then fill in the other docs? I also saw something about if we've been married under 2 years they may have conditions? We'll be married two years in May. 

Ideally we want to be moved over to New York by Xmas this year so when should we ideally start the ball rolling?


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## Hmuniz (Jan 14, 2017)

I can see with the petition we both need to complete G-325a & also supply proof's of address. Is that for where we live now?

Also after its approved is there any other cost for the second part?


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## Hmuniz (Jan 14, 2017)

Also with the I-864 it asks for my husbands job info and how much he earns. He currently looks after our daughter as I am the main earner in the household (earning around $90k a year).. Can we use my income for this? Otherwise is this left blank?

His Aunt who is the other sponsor earns $200k a year which she will detail in the form also.


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## Crawford (Jan 23, 2011)

Hmuniz said:


> Hey guys..
> 
> Speaking to a colleague at work i've heard its rather difficult to get a work visa as my company will have to justify why I should get it and not a US citizen? I am a global account manager for a telecommunications company so i'm a little worried about this?
> 
> ...



Your company will have to justify your being transferred on an L1 and yes, that will include why they cannot get a US citizen to do the job.

Companies who transfer staff to the US use immigration lawyers who know the rules and regulations AND also know the company and its staff. It is the lawyer who puts together the application and presents all the documentation to justify the move

Yes, you pay the filing fee as soon as you make the filing (I-130).

If you are doing Direct Consular Filing the whole process to receiving the visa takes about 3 to 5 months.

Yes, if married less than 2 years there is usually a conditional period.


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## Crawford (Jan 23, 2011)

Hmuniz said:


> Also with the I-864 it asks for my husbands job info and how much he earns. He currently looks after our daughter as I am the main earner in the household (earning around $90k a year).. Can we use my income for this? Otherwise is this left blank?
> 
> His Aunt who is the other sponsor earns $200k a year which she will detail in the form also.


No you cannot use your income UNLESS you can show definitely that it will continue in the US. Leave it blank.

This is why your aunt must be joint sponsor. She also completes an I-864


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## Hmuniz (Jan 14, 2017)

Is it worth waiting until May before getting the ball rolling so it avoids that? We want to move for December so it'll give us 7 months..


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## Crawford (Jan 23, 2011)

Hmuniz said:


> I can see with the petition we both need to complete G-325a & also supply proof's of address. Is that for where we live now?
> 
> Also after its approved is there any other cost for the second part?


Yes, that is where you live now.

There are various fees for the filing of the petition and immigration visa fees. (Can't remember what they all are)

This is taken from the following website:
https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#7


_Fees
Fees are charged for the following services:

Filing an immigrant Petition for Alien Relative, Form I-130 (this fee is charged by USCIS). 
Processing an immigrant visa application, Form DS-260 (see Note below)
Medical examination and required vaccinations (costs vary)
Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.
For current fees for Department of State services, see Fees for Visa Services. For current fees for USCIS services, see Check Filing Fees on the USCIS website._


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## Crawford (Jan 23, 2011)

Hmuniz said:


> Is it worth waiting until May before getting the ball rolling so it avoids that? We want to move for December so it'll give us 7 months..


Yes ...


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## Crawford (Jan 23, 2011)

Crawford said:


> No you cannot use your income UNLESS you can show definitely that it will continue in the US. Leave it blank.
> 
> This is why your aunt must be joint sponsor. She also completes an I-864


Some further info: In part 6 of the I-864, number 1d you show that husband is unemployed and input the dates.


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## twostep (Apr 3, 2008)

Does aunt know what she is signing? BTW she will provide her tax returns.

Marriage under two years - conditional Green Card, Removal of Conditions ROCK after the initial GreenCard to move to a 10 year Green Card, does not require sponsor or intact marriage.

CR1 - check visa Bulletion on travel.state.gov for current processing times. You have 180 days after medical to enter the US. Christmas 2017 is a maybe unless you go DCF (see other posts and threads).

L1 - going by your two word job description and 90k anno - very probably a no.


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## Hmuniz (Jan 14, 2017)

twostep said:


> Does aunt know what she is signing? BTW she will provide her tax returns.
> 
> Marriage under two years - conditional Green Card, Removal of Conditions ROCK after the initial GreenCard to move to a 10 year Green Card, does not require sponsor or intact marriage.
> 
> ...


My hubby has basically explained to her that she's basically joint sponsoring him in financially supporting me whilst I am there. In reality she won't be doing anything as we'll be finding a place to live in before we move, hubby's old job are giving him his role back and I will more then likely if they wont sponsor me with a transfer just apply on arrival to the NY branch of my company as they are always hiring.

Am I right in believing this? They both have to provide their latest tax return too right?

We'll apply once our two years comes up we are in no major rush just ideally end of year.

We'll go to the consular to apply so I believe that's a 3-5 month wait?

I know a colleague recently was transferred in a lower level role however I don't know how they'll justify why I should be hired over a US citizen. I am a high earner with them and I have a lot of experience within their industry (telecommunications - netcentric) so maybe they could justify it that way I don't know.. 

I think realistically the route with my husband and his aunt is the best but i'll talk to my manager about transferring..


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## twostep (Apr 3, 2008)

Hmuniz said:


> My hubby has basically explained to her that she's basically joint sponsoring him in financially supporting me whilst I am there. In reality she won't be doing anything as we'll be finding a place to live in before we move, hubby's old job are giving him his role back and I will more then likely if they wont sponsor me with a transfer just apply on arrival to the NY branch of my company as they are always hiring.
> 
> Am I right in believing this? They both have to provide their latest tax return too right?
> 
> ..


See "responsibilities of sponsor" https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Isn't it the last three returns?


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## Hmuniz (Jan 14, 2017)

Yes this basically says what I previously stated.. She'll be willing to accept legal responsibility for supporting my husbands family with him IE me. 
The reason why we need a joint sponsor is my husband moved here to be with me therefore he has no job or place for us to live immediately when we move back. We cannot be separated as we have a newborn baby so this is the best option?

The link you gave states the follows:
You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status.

So one years returns..


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## twostep (Apr 3, 2008)

Your spouse has to provide three years of returns.
She accepts financial responsibility for him for ten years, 40 quarters or until he has US citizenship.


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## Hmuniz (Jan 14, 2017)

My husband has US citizenship it's myself that she is sponsoring.. My husband and her both. It's his Aunt. So my husband has to provide 3 years of tax returns and her one?


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## Hmuniz (Jan 14, 2017)

Am I right in believing that no country is able to apply for a US spouse visa for 120 days?


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## twostep (Apr 3, 2008)

Hmuniz said:


> Am I right in believing that no country is able to apply for a US spouse visa for 120 days?


I have not seen anything in that regard. Where did you come across it?


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## Hmuniz (Jan 14, 2017)

I came across in the paper that all refugee visas are on hold for 120 days but i'm assuming as we're migrants it shouldn't stop us applying? The new immigration laws trump signed off yesterday?


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## Crawford (Jan 23, 2011)

The citizens of the following countries are affected by Trump's directive:

Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen 

You are a British citizen are you not? If so, the directive does not affect you.


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## Bevdeforges (Nov 16, 2007)

Crawford said:


> The citizens of the following countries are affected by Trump's directive:
> 
> Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen
> 
> You are a British citizen are you not? If so, the directive does not affect you.


Unless you are a dual national with your other nationality being that of one of the restricted countries. 
Cheers,
Bev


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## twostep (Apr 3, 2008)

https://www.nytimes.com/2017/01/27/us/politics/refugee-muslim-executive-order-trump.html?_r=0

This is closest to the text I found. Please consider the source.


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## Hmuniz (Jan 14, 2017)

Thanks guys - I think i'm just getting super anxious about this whole process I saw immigration halt and panicked. I am a UK british born citizen so no issues here..

I was just thinking - If my company doesn't want to do all the working visa stuff due to the justification needed.. If they offered me a role within the US and can provide me with a offer letter etc can I use that as income for myself that I can guarantee rather then use a co-sponsor?


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## Crawford (Jan 23, 2011)

Hmuniz said:


> Thanks guys - I think i'm just getting super anxious about this whole process I saw immigration halt and panicked. I am a UK british born citizen so no issues here..
> 
> I was just thinking - If my company doesn't want to do all the working visa stuff due to the justification needed.. If they offered me a role within the US and can provide me with a offer letter etc can I use that as income for myself that I can guarantee rather then use a co-sponsor?


If offering you a job, your company HAS to go through the process of obtaining you a work visa - without a work visa you can't work in the US.


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## Hmuniz (Jan 14, 2017)

Lol I thought that would be too simple..

I really don't want to leave where I work so I guess if they can't transfer me once I get my approval via my husband and co sponsor and arrive in the US I can directly apply? 

Am I right in thinking that once I arrive I then have to apply for the right to work?

Also I saw that this medical examine is super intrusive lol.. Sounds a bit scary.. I'm all clear on what they are looking for but wow.. Quite surprised! Hubby didn't do any of that to come over here.


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## Bellthorpe (Jun 23, 2013)

twostep said:


> https://www.nytimes.com/2017/01/27/us/politics/refugee-muslim-executive-order-trump.html?_r=0
> 
> This is closest to the text I found. Please consider the source.


if you're worried about the source, you can always go to the horse's mouth: 

https://www.whitehouse.gov/the-pres...-nation-foreign-terrorist-entry-united-states


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## twostep (Apr 3, 2008)

Bellthorpe said:


> if you're worried about the source, you can always go to the horse's mouth:
> 
> https://www.whitehouse.gov/the-pres...-nation-foreign-terrorist-entry-united-states


Thanks! Early Sunday is not my time.


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## rbotes (Aug 20, 2010)

Hi,

Can I ask how you are proceeding with this? We are about to submit the D-260 and was considering paying for a lawyer but costs are just not feasible for us so wanted to get any feedback from how you are proceeding?

Also I agree with everyone-get your daughter her US birth abroad registered, if you do not then she must be included for a visa. We did it for my daughter and was easy (long wait) to do and only thing really needed to gather was my evidence for proof I lived in the US ( I am the US citizen) and used old high school grade books, university transcripts etc. which my mom had kept so no hard. 

Regan


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## Hmuniz (Jan 14, 2017)

We have filed our I-130 and should have our approval through in the next week or two judging by their dates on the London Embassy page.

We are going the DCF route as my husband lives here.

We have a very straight forward application as I have no police records and i'm in good heath so there was no need to use a lawyer. All they'll effectively do is fill in the application forms.

My daughter now has her US passport which literally took us 2 weeks to get. My husband has only been out of the US for 2 years (he is 37) so we didn't need much evidence.


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## twostep (Apr 3, 2008)

Thank you for the update. Where will you move to in the US?


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## Hmuniz (Jan 14, 2017)

Well my husband is a New Yorker so we're going to East Harlem. NY is like my spirit home haha so i'm actually really excited as I have friends there and the switch from central london to Manhattan isn't too different just busier (and friendlier).

DCF i-130 are being turned around pretty quick at the moment its around 4-6 weeks which is great news.


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## twostep (Apr 3, 2008)

You are right - they are friendlier.


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## rbotes (Aug 20, 2010)

thanks for getting back to me. We are thinking after reading everything we are going to complete everything our selves as we did not see the benefit of her completing anything and need the money for the move! As we proceed I will also let you know how things go


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