Getting Permanent Residency for my J-1 Husband

[salika 0]

Hello Everyone,

I'm very glad I found this forum as I was very confused after reading all of the information about visas on the US gov'ts website.

Anyway, here's my story, I am a born US citizen but I left the US after high school to pursue my studies abroad, I haven't been back to live, which means I have never filed taxes (I am now a graduate student and still haven't made any money yet!) and probably don't even have any credit.

My husband is Egyptian and I have known my him for more than four years and we got married this summer in the US when he was there on a J-1 visa as he was teaching Arabic for the summer and was sponsored by a US university.

Now we would like to live in America starting Fall 2008, but the main problem is finances. We have two options, perhaps people here can advise me about which one would be easier. The first option would be to begin applying for the green card from here in Egypt so that once we go to the US in the summer, he will have hopefully received his permanent residency spousal visa (which one is that?). The problem is that the poverty guidelines requires that we have $17,000 in our bank, as a family of two, is this correct? That's a lot of money, and even with the student loans in my bank, we only could gather around $12,000. He does own an apartment in Egypt, but the contract is written for a price much less than he actually paid upon request of the original seller. I don't have much family in the US and don't want to burden my family (who aren't happy with my choice of spouse anyway) with having to sponsor my husband. I've been out of the country for so long, I've lost touch with my high school friends. So would we be rejected since we don't have enough money or what? Also, I don't have any tax forms since I've never filed, what should I do in this case?

The other option would be for my husband to go to the US again on a J-1 visa as he'll be working at the same university in the US again. Once there, we could apply to adjust his status and to get a green card for him? But it seems the same financial requirements apply, meaning that we would need $17,000, with his job, we might get near that amount, but we will also need to pay for an apartment, travel expenses, etc, and I doubt we would have that much money.

So the question is should we try applying from Egypt or should we go to the US, with my husband on his J-1 visa and risk applying in the summer to adjust his status?

I would be extremely grateful if anyone here could provide some guidance, as I am no lawyer and have no idea which would be the better option.

Thanks in advance!!!!

[gwenneh 7]

I think the main thing here is that you're misunderstanding what those poverty guidelines mean. It's not $17,000 you need to have in the bank, per se - it's referring to how much you make.

Now, the caveat to that is that foreign income is generally not able to be counted in that calculation, so a co-sponsor would be necessary. This co-sponsor would have to have an income of at least the poverty guidelines for their household size plus your husband.

Hopwfully that clears things up a little!

[YuAndDan 153]

You are talking CR-1/IR-1 visa, US Citizen files an I-130 to USCIS petitioning for foreign spouse's immigrant visa. This visa directly results in green-card issued upon entry to the USA allowing imediate work.

See this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Other option is K-3, it is a bit quicker to process, but has the downside of being a NON-Immigrant visa, so cannot work until after applying for work authorization and receiving EAD card, (90 days or more), as well as having to adjust status to get the green-card. (AOS costs $1010).

Another catch, is if DOS, and USCIS knows that has an American spouse, they may not re-issue the J-Visa, not knowing if intent is when arriving to the USA is to immigrate or not.

Edited December 21, 2007 by YuAndDan

[salika 0]

Wow, thanks for your quick replies. Yes, I guess I misunderstood the poverty guidelines, since I'm a graduate student and don't make a cent, except for student loans, does that mean I definitely need a co-sponsor?

So with this K-3 visa, my husband would just have to wait around in the US for at least 90 days while he waits for the visa? But would it be OK if he were working on his J-1 visa while waiting for the K-3? What I mean is that say me and my husband went to the US next June, when his J-1 visa starts, we would then immediately apply to adjust his status and get the K-3. While we are waiting for the K-3 to go through, he would be teaching at the university on the J-1, and by the time he finishes and the visa ends in September, he would have his K-1. Would this be legal?

Also, why would foreign income have no weight? Do you mean to say that my husband's apartment in Egypt would not be able to be counted? Or the money that he makes from his job in Egypt? And does that mean a co-sponsor would only need $17,000 a year to qualify? Even if we were to get $17,000 in my bank account, would that not qualify my husband?

Thanks again

You are talking CR-1/IR-1 visa, US Citizen files an I-130 to USCIS petitioning for foreign spouse's immigrant visa. This visa directly results in green-card issued upon entry to the USA allowing imediate work.

See this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Other option is K-3, it is a bit quicker to process, but has the downside of being a NON-Immigrant visa, so cannot work until after applying for work authorization and receiving EAD card, (90 days or more), as well as having to adjust status to get the green-card. (AOS costs $1010).

[gwenneh 7]

The thing about these visas are that they all require an interview at the consulate in the foreign country. K-3, CR-1 and IR-1 visas all require the beneficiary to attend an interview; if your husband comes in on a J-1, he would have to return to Egypt to finish out the other visa process. It's possible, but expensive! Also, if you do pursue a K-3, then yuo still have the aditional step of Adjustment of Status afterwards - they are seperate things; whereas with a CR-1 they are both done at the same time.

You should check into what is called "Direct Consular Filing", since you live abroad as well. You may have the opportunity to file for a CR-1 directly at the consulate abroad, which means that you would be able to complete the whole of the process abroad without having to go through a US-based service center. In order to do this, you must be a permanent resident as per the rules of the country you're residing in - sometimes students are considered and sometimes they are not. It's worth checking into, though, as it eliminates the possibility of your husband having to wait to work in the US or to have to travel back and forth for interviews!

As far as the support, the US assumes that income made while abroad will cease when your husband immigrates, so it's no good. HIs apartment may qualify, but in order to use assets they must be worth several times the poverty guidelines (just how many times depends on the country). It is very likely that you are going to have to have a co-sponsor, who must make enough to supoprt their household PLUS your husband - so if you co-sponsor has a wife and child, they must make enough to cover themselves, their wife, child, and your husband.

[pushbrk 12,182]

Wow, thanks for your quick replies. Yes, I guess I misunderstood the poverty guidelines, since I'm a graduate student and don't make a cent, except for student loans, does that mean I definitely need a co-sponsor?

So with this K-3 visa, my husband would just have to wait around in the US for at least 90 days while he waits for the visa? But would it be OK if he were working on his J-1 visa while waiting for the K-3? What I mean is that say me and my husband went to the US next June, when his J-1 visa starts, we would then immediately apply to adjust his status and get the K-3. While we are waiting for the K-3 to go through, he would be teaching at the university on the J-1, and by the time he finishes and the visa ends in September, he would have his K-1. Would this be legal?

Also, why would foreign income have no weight? Do you mean to say that my husband's apartment in Egypt would not be able to be counted? Or the money that he makes from his job in Egypt? And does that mean a co-sponsor would only need $17,000 a year to qualify? Even if we were to get $17,000 in my bank account, would that not qualify my husband?

Thanks again

You are talking CR-1/IR-1 visa, US Citizen files an I-130 to USCIS petitioning for foreign spouse's immigrant visa. This visa directly results in green-card issued upon entry to the USA allowing imediate work.

See this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Other option is K-3, it is a bit quicker to process, but has the downside of being a NON-Immigrant visa, so cannot work until after applying for work authorization and receiving EAD card, (90 days or more), as well as having to adjust status to get the green-card. (AOS costs $1010).

Assets and income are not the same thing. The co-sponsor would need sufficient income to meet the requirement for the number of people in their household, plus your husband. $17,000 is a little less than what is needed for a household of two. Money in a US bank account under your name can replace the income requirement but you would need three times as much in liquid assets as the income requirement. Yes, foreign income has no weight unless income from the SAME SOURCE will continue after the move.

You do not file to adjust status to a K3 visa. You file to adjust status to permanent resident. Visas are used to enter a country. In the circumstance you describe, the immigrant is already in the US. So, no, he wouldn't wait around the US for the visa. If you petition for a K3 or IR1 "visa" he must eventually return to a Consulate abroad to interview for and secure the visa in his passport.

I don't believe he can adjust status from a J1 visa, however. It is not dual intent and you are already married.

If have legal residence in his country for at least six months, I would go the DCF route and file the petition for an immigrant visa in his home country right away. See the appropriate "Guide" on this site for Direct Consular Filing, DCF.

[salika 0]

Thanks again for your reply Gwen. The CR-1 certainly sounds easier, I guess I'm going to start begging some of my old friends to help me, there's no other way.

Since I've been living Egypt for nearly a total of 5 years, as of now it would be 4 consecutive years and an additional year, so I should be able to directly file the petition, if I am able to find a sponsor. But I've been receiving a combination of tourist and student visas during this time, I couldn't get the spousal visa as our US marriage certificate wasn't recognized by the Egyptian authorities without some stamps by several offices in the US. But I think that the fact that my passport is jammed full of Egyptian visas and stamps will prove that I am resident here as well as my fluency in the language - what do you think?

Thanks again, my options are much clearer now, perhaps my husband could get a job offer in the US and that would solve all of our problems - he could just get a work visa. The financial requirements are really tough, I hope we can swing this...

Your help has been much appreciated

The thing about these visas are that they all require an interview at the consulate in the foreign country. K-3, CR-1 and IR-1 visas all require the beneficiary to attend an interview; if your husband comes in on a J-1, he would have to return to Egypt to finish out the other visa process. It's possible, but expensive! Also, if you do pursue a K-3, then yuo still have the aditional step of Adjustment of Status afterwards - they are seperate things; whereas with a CR-1 they are both done at the same time.

You should check into what is called "Direct Consular Filing", since you live abroad as well. You may have the opportunity to file for a CR-1 directly at the consulate abroad, which means that you would be able to complete the whole of the process abroad without having to go through a US-based service center. In order to do this, you must be a permanent resident as per the rules of the country you're residing in - sometimes students are considered and sometimes they are not. It's worth checking into, though, as it eliminates the possibility of your husband having to wait to work in the US or to have to travel back and forth for interviews!

As far as the support, the US assumes that income made while abroad will cease when your husband immigrates, so it's no good. HIs apartment may qualify, but in order to use assets they must be worth several times the poverty guidelines (just how many times depends on the country). It is very likely that you are going to have to have a co-sponsor, who must make enough to supoprt their household PLUS your husband - so if you co-sponsor has a wife and child, they must make enough to cover themselves, their wife, child, and your husband.

[pushbrk 12,182]

Since I've been living Egypt for nearly a total of 5 years, as of now it would be 4 consecutive years and an additional year, so I should be able to directly file the petition, if I am able to find a sponsor. But I've been receiving a combination of tourist and student visas during this time, I couldn't get the spousal visa as our US marriage certificate wasn't recognized by the Egyptian authorities without some stamps by several offices in the US. But I think that the fact that my passport is jammed full of Egyptian visas and stamps will prove that I am resident here as well as my fluency in the language - what do you think?

I think you need to start getting your head around the idea that there are specific requirements to meet. You are either married or you're not. You either meet the specific residency requirements based on visa type or you do not. Fluency and frequent entries don't mean squat if you don't have the right visa currently to qualify as a resident. Check the specific requirements for filing DCF on the website for the appropriate US Consulate or Embassy in Egypt.

[salika 0]

Hello pushbrk.

Well am 100% that I am married, we got married last June in the state of Massachusetts, but I guess I didn't do enough research (busy with getting all of J-1 documents completed and with travel issues) and should have gotten stamps from some other offices in the US so it would be officially recognized by the Egyptian government. So when I brought the marriage certificate, they said I needed those stamps, which would mean getting them from the state of Massachusetts and some other place, but since I am in Egypt, I can't go to those offices. I'll have to call the embassy and see if I could count as being a resident.

Anyway, thanks for your clarification between assets and income, I am a student in the humanities and have never dealt with taxes or anything dealing with business in the US, so it looks like I will need to learn a lot before I come back, for God's sake, I don't even have a driver's license. We're going to look into filing the petition the DCF route, it may be the best option. Thanks for your help.

Since I've been living Egypt for nearly a total of 5 years, as of now it would be 4 consecutive years and an additional year, so I should be able to directly file the petition, if I am able to find a sponsor. But I've been receiving a combination of tourist and student visas during this time, I couldn't get the spousal visa as our US marriage certificate wasn't recognized by the Egyptian authorities without some stamps by several offices in the US. But I think that the fact that my passport is jammed full of Egyptian visas and stamps will prove that I am resident here as well as my fluency in the language - what do you think?

I think you need to start getting your head around the idea that there are specific requirements to meet. You are either married or you're not. You either meet the specific residency requirements based on visa type or you do not. Fluency and frequent entries don't mean squat if you don't have the right visa currently to qualify as a resident. Check the specific requirements for filing DCF on the website for the appropriate US Consulate or Embassy in Egypt.

Assets and income are not the same thing. The co-sponsor would need sufficient income to meet the requirement for the number of people in their household, plus your husband. $17,000 is a little less than what is needed for a household of two. Money in a US bank account under your name can replace the income requirement but you would need three times as much in liquid assets as the income requirement. Yes, foreign income has no weight unless income from the SAME SOURCE will continue after the move.

You do not file to adjust status to a K3 visa. You file to adjust status to permanent resident. Visas are used to enter a country. In the circumstance you describe, the immigrant is already in the US. So, no, he wouldn't wait around the US for the visa. If you petition for a K3 or IR1 "visa" he must eventually return to a Consulate abroad to interview for and secure the visa in his passport.

I don't believe he can adjust status from a J1 visa, however. It is not dual intent and you are already married.

If have legal residence in his country for at least six months, I would go the DCF route and file the petition for an immigrant visa in his home country right away. See the appropriate "Guide" on this site for Direct Consular Filing, DCF.

[gwenneh 7]

I would check the requirements; generally speaking, tourist visas do not qualify as residency or count as time resident in the country. In that case you would have to file for either a K-3 (requiring adjustments afterwards) or a CR-1 (not requiring adjustment afterwards but usually taking longer), beginning the process in the US. You would have to file through the service center, go through the NVC, and then be transferred to the Consulate in Egypt. It will make the process longer, but the outcome is the same.

[salika 0]

Hello,

I posted a while back about getting permanent residency for my Egyptian husband who can easily enter the US on a J-1 visa. People responded and said that it was impossible to adjust the J-1 to permanent residency/green card and that my husband would have to return to Egypt and apply for a visa from there.

At the same time, I contacted a number of lawyers in the US who told me that could help get my husband's J-1 visa adjusted to permanent residency in 2-3 months, without having to leave the US. He said he would charge $2,000-2,5000 for the process. First of all, I am wary of lawyers in general, can I trust what this lawyer said, is it really possible to adjust a J-1 Visa. This would make our lives much easier and we would jump at the chance to do this, but we don't want to come to the US thinking we can do this only to find out that it is impossible and we should have applied for his visa from Egypt.

Anyone have experience with this issue?

Also, how can I find a directory of reliable and reasonable lawyers in the US or somewhere where I can get some free or very low-priced solid legal advice?

Thanks

[pushbrk 12,182]

Hello,

I posted a while back about getting permanent residency for my Egyptian husband who can easily enter the US on a J-1 visa. People responded and said that it was impossible to adjust the J-1 to permanent residency/green card and that my husband would have to return to Egypt and apply for a visa from there.

At the same time, I contacted a number of lawyers in the US who told me that could help get my husband's J-1 visa adjusted to permanent residency in 2-3 months, without having to leave the US. He said he would charge $2,000-2,5000 for the process. First of all, I am wary of lawyers in general, can I trust what this lawyer said, is it really possible to adjust a J-1 Visa. This would make our lives much easier and we would jump at the chance to do this, but we don't want to come to the US thinking we can do this only to find out that it is impossible and we should have applied for his visa from Egypt.

Anyone have experience with this issue?

Also, how can I find a directory of reliable and reasonable lawyers in the US or somewhere where I can get some free or very low-priced solid legal advice?

Thanks

If he was in the US when you married and has remained in the US, this is doable with or without an attorney. If he is in Egypt, it is not because you are already married and he would be entering the US with the intent to immigrate. Visa fraud for sure.

Which circumstance is it?

You will face the same sponsorship issues regardless of the path you take.

Edited December 28, 2007 by pushbrk

[salika 0]

If he was in the US when you married and has remained in the US, this is doable with or without an attorney. If he is in Egypt, it is not because you are already married and he would be entering the US with the intent to immigrate. Visa fraud for sure.

Which circumstance is it?

You will face the same sponsorship issues regardless of the path you take.

If he was in the US when you married and has remained in the US, this is doable with or without an attorney. If he is in Egypt, it is not because you are already married and he would be entering the US with the intent to immigrate. Visa fraud for sure.

Which circumstance is it?

You will face the same sponsorship issues regardless of the path you take.

We were married in a religious ceremony in Egypt 3.5 years ago and got married in the US last summer when my husband was on his J-1 visa. Since then we have been back in Egypt and we will be returning to the US this summer, with him on a J-1. We are not trying to do fraud, which is why I am asking since the lawyer told me he could help us after I explained our situation.

[gwenneh 7]

Any lawyer that is telling you that you can immigrate on a non-immigrant visa is advising fraud and should not be hired. There exists a shocking number of lawyers who will tell you precisely what you want to hear so that their retainer is paid; there also exists a shocking number of lawyers who suggest fraud to their clients and then are retained further to pick up the pieces when the fraud is exposed.

No one on this site will advise you to do something fraudulant. Entering the US with the intent to settle permanently in the US on a visa not intended for the practice is fraud. That is the bottom line here. It is very black and white, and no lawyer is going to be able to change that for you.

[pushbrk 12,182]

We were married in a religious ceremony in Egypt 3.5 years ago and got married in the US last summer when my husband was on his J-1 visa. Since then we have been back in Egypt and we will be returning to the US this summer, with him on a J-1. We are not trying to do fraud, which is why I am asking since the lawyer told me he could help us after I explained our situation.

If your lawyer knew just the information in your last paragraph, he should have known an attempt to adjust status after your next entry to the US would be fraud. You have two routes that are legal. K3 and CR1.