Will my fiance's employment status cause any problems?

[TLCandLC 7]

I have recently joined the forum and have been given some sound advice so far. I met my fiance over five years ago in the US and we have been together for four years now. My fiance is the US citizen and I am from the UK. We are both teachers and for the last 18 months, have been working overseas at the same school. We will be leaving in June, after being here for two years, to go back home to our own countries to start our visa process. At the moment, she is taking the steps to secure a new teaching post in the US before she goes home. She won't have any problems finding a job but we are wondering - if my visa interview ended up being in July or August, will it cause a problem that she hasn't actually started the job yet?

Will they also take into consideration our savings? We came overseas to work in the UAE and save enough money to buy a house in the US so we will be able to show them that she has enough money to support me.

Any advice is welcomed.

LC

[baron555 934]

She won't have any problems finding a job but we are wondering - if my visa interview ended up being in July or August, will it cause a problem that she hasn't actually started the job yet?

Then she would need a cosponsor. Needs to be employed at the time of the interview (and also later during AOS).

Will they also take into consideration our savings? We came overseas to work in the UAE and save enough money to buy a house in the US so we will be able to show them that she has enough money to support me.

Yes, London allows the beneficiary to self-sponsor. Check with the appropriate regional forum and the Embassy webpage.

[TLCandLC 7]

Thank you Baron555.

Does self-sponsoring negate the need for her to be employed at that time? She will be working until June 30th in her current job and will start her new job around mid-August. The time in between is school vacation time but she will have a contract before she leaves her current job.

Also, I should have added this to my previous post - she has a fixed monthly pension income, as she retired from her previous teaching district, so there is an income that she can prove with her pension paperwork.

Thanks for your input.

Edited January 26, 2016 by TLCandLC

[Nich-Nick 3,354]

You will interview in London. They can't consider a salary she has not begun to receive. But they will consider her pension, her savings, your savings or all of the above. It doesn't sound like you will have a problem. They are pretty flexible.

If you do not start the process until June, you will not be interviewing by July or August, so she should have her job by then. Something to check on is has she filed her US tax returns while living abroad. You won't have to have those for London, but you will when you apply for the greencard after marriage.

[TLCandLC 7]

I believe her tax returns are up to date, with this year's about to be taken care of. We are going to file the petition in the next few weeks now and I will travel home before June if 'packet 3' arrives before then. I may even leave here in April as looking at some timelines, and what you said previously about them being processed quickly, it might happen in a fairly short space of time.

We are trying to work out the best time to send the petition that will give us the least amount of time apart now but on the other hand, we want to keep collecting our salary here!

Thanks again for your input. I am so happy to have found VisaJourney - the information in the forums and from you and others is invaluable.

[TLCandLC 7]

I have just had a devastating reality check which I had no idea would be a problem. I had a J-1 visa in 2014 for a 2 week teacher exchange programme in the US. The J-1 visa makes me 'subject to 212e 2 year rule'. I had no idea that it had to be spent in my home country. I have spent most of it in the UAE and probably only 3 months in the UK.

:-(

[Darnell 8,478]

I have just had a devastating reality check which I had no idea would be a problem. I had a J-1 visa in 2014 for a 2 week teacher exchange programme in the US. The J-1 visa makes me 'subject to 212e 2 year rule'. I had no idea that it had to be spent in my home country. I have spent most of it in the UAE and probably only 3 months in the UK.

:-(

hang on a mo,

whip out the passport,

flip to that page containing the J-1 visa foil,

and tell me -

is there any coding containing '2YHRR' or '2HRR' in it ?

if no, then you got a J-1 visa without that requirement.

[TLCandLC 7]

Hi Darnell,

It has 'Bearer subject to 212E Two-year rule applies' printed on the visa and it also checked on the DS-2019 form that accompanied it. It was funded by the US government.

LC

[Darnell 8,478]

eh - you don't have to be 'home', you just won't 'spend time' inside the usa for those 2 years.

however, if you time it right, have the interview day AFTER the J-1 expiry thingie date. do it this way, not need to chase a waiver.

[TLCandLC 7]

I have been researching this for days on end and everything I have read stipulates that you must return to the country where you had residence when you were granted the J-1.

[TLCandLC 7]

I have been researching this for days on end and everything I have read stipulates that you must return to the country where you had residence when you were granted the J-1.