salika

Yes he is allowed to stay in the United States while the AOS is pending. Also, instead of looking to do an H1B transfer, you may consider getting the Employment Authorization Document (EAD) which you pay for with an AOS application now anyway which allows you to work for any employer in the US. If you do this, also get your Advance Parole (AP) which also is included in the AOS fee which allows him to travel in and out of the US for a year.

Hello,

thanks

Thanks so much with your reply, I've been really confused about the whole process. That's great that we won't have to do the H1 transfer, since that's a real bother, we'll try applying for the EAR at the beginning of the summer and by the time his contract finishes, hopefully he'll have his EAD by then and will be able to work. While his AOS is pending, what is his legal status called, what papers would he show authorities if they asked since his visa would have been expired?

Hello,

I am a US citizen and my husband will be traveling to the US on a HB-1 visa sponsored by his employer. As the job is only a summer contract, his visa would expire at the end of the summer. So our plan is to begin the application process for the Adjustment of Status as soon as he enters the US so he can receive his EAD. My main concern is: Let's say we apply for the AOS, with the two applications at the same time in June, and when August comes around, will he be allowed to stay in the country because we have applied for his green card, even if he has not received it? We are hoping to be on the safe side and find another employer that he can transfer his H1 visa to, but in the case we don't manage to organize that on time, will he be allowed to stay in the US since he is married to me and we would have applied for the AOS?

thanks

Salaam everyone,

I'd love to hear from other women who have successfully gotten a CR-1 from the embassy in Cairo for their Egyptian husbands. I'm really worried because my husband needs to start his job in the US on June 9 and we've been told he cannot apply for a J-1 to get into the US since he's married to me. The only way he can enter the US is with the CR-1 and I've been given some crazy estimates. One person at the embassy said it should take 3-6 months and yet another said it should take 6-12 months!!!

Now I don't know what to do because my husband needs to start his job and can't sit around Cairo waiting for his visa when his job starts in June.

Are there any other options, or is there any way I can expedite the process?

thanks

I'd go with the 6 to 12 month estimate. What is your situation exactly? Do you already live there? How did you meet each other? There are a few DCF's here that will help you. Monnik is one of them and I think she's been waiting since this past summer for her husband's visa.

Hello,

Thanks for your reply, the first time I came to Egypt was way back in 2002, went back home for one year and since then have been living continuously in Egypt for four years, so yes I qualify for DCF. We met in 2003 here in Cairo and officially got married in the US last summer (although we were married in a religious ceremony in Egypt back in 2004. My husband was in the US last year on a J-1 visa and got the visa in 1 day, so I am assuming there won't be any security issues with the application.

The 6-12 month estimate is terrible, I am not sure what to do since he needs to start his job in the US in June. We're pretty desperate, we were even thinking of doing something really stupid, like getting a divorce so he can get the J-1 visa again and then getting married again once he's in the US and apply to adjust his status. But I know this is stupid and I'd rather not do this, but he needs to be in the US ala tool.

Thanks

Salaam everyone,

I'd love to hear from other women who have successfully gotten a CR-1 from the embassy in Cairo for their Egyptian husbands. I'm really worried because my husband needs to start his job in the US on June 9 and we've been told he cannot apply for a J-1 to get into the US since he's married to me. The only way he can enter the US is with the CR-1 and I've been given some crazy estimates. One person at the embassy said it should take 3-6 months and yet another said it should take 6-12 months!!!

Now I don't know what to do because my husband needs to start his job and can't sit around Cairo waiting for his visa when his job starts in June.

Are there any other options, or is there any way I can expedite the process?

thanks

Hello Everyone,

I posted earlier asking about my options, and now that I contacted the local embassy in Cairo and was assured that I can do DCF for the CR-1, I think this will be the best option. I have a couple more questions I hope people here can help me out with:

1. The embassy says the whole process should only take 3-6 months, is this accurate? My husband needs to be in the US before June 9 for his job, I will be applying next week to file the I-130. What is the most amount of time getting the CR-1 can take through DCF?

2. Regarding the joint sponsor, I managed to find a friend who is willing to help, but she is young (26), but she's been a government employee for five years, is single, and has a decent salary. Would she be a good joint sponsor, would her age effect the application negatively?

3. Where does one bring a friend to get an affidavit to attest to their knowledge of the marriage? Would this be done with a local notary or at the embassy?

4. Where does one usually get a police certificate? I know it might differ from country to country, but any guesses where this may be obtained in Egypt?

Many thanks

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

Sorry, another really stupid question. Would it be beyond stupid to consider getting a divorce with my husband and then getting remarried in the US? It's super easy for a man to get a divorce in Egypt... Would this be considered fraud? Would this work to make life easier? Sorry if this is a really dumb and maybe naive question, I'm just trying to figure out how to make this work.

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

Now you're scaring me, so now that I am married to my husband, he can't even get his J-1 visa? It looks like we really messed things up, what if we don't get the CR1 or K3 on time, and then he can't go to his summer job? This is really worrying, my husband does not have a currently valid J1 visa, we just assumed it would be as easy as last time we applied, it only took a day to get his visa, I didn't realize our being married would effect the process :-(.

In that case, did you marriage ruin our chances of an easy immigration process? This is bad news indeed.

If we have to go the K-1 or CR1 way, which one is easier and quicker?

I think we're all trying to be as kind and gentle with you as we can but it is extremely important that you start studying the process and taking notes. K1 is for a fiance. Your options are K3 and CR1. Both options require overcoming the sponsorship issues you mentioned earlier.

The K3 is generally faster for entry to the US but does not allow him to work until you file to adjust status and for EAD (Employment Authorization Document). EAD takes a minimum of three months. Since he already has a SSN, the CR1 visa would allow him to begin work upon US entry. (Others need to wait a month or so for their SSN)

Earlier you mentioned filing for the CR1 visa directly with the Consulate in Egypt. (DCF) However, in another thread, we discussed the fact that you may not qualify as a resident for filing purposes. You'll need to verify that. If you do qualify, then DCF for CR1 is definitely your best bet by far.

Caution: When you contact the Consulate about your qualifications, make certain you disclose all the information about your entry and status in Egypt or compare all your facts to their requirements. So far, you've been playing fast and loose with some very important details. All the pieces of the puzzle must fit together.

I do admire your tenacity.

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

Now you're scaring me, so now that I am married to my husband, he can't even get his J-1 visa? It looks like we really messed things up, what if we don't get the CR1 or K3 on time, and then he can't go to his summer job? This is really worrying, my husband does not have a currently valid J1 visa, we just assumed it would be as easy as last time we applied, it only took a day to get his visa, I didn't realize our being married would effect the process :-(.

In that case, did you marriage ruin our chances of an easy immigration process? This is bad news indeed.

If we have to go the K-1 or CR1 way, which one is easier and quicker?

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.

Thanks for your clarifications, I'll definitely not be going this way and will seek out a more feasible and legal way to get my hubbie to the US.

thanks for your help

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

Yes, we can apply for a green card from Egypt through DCF, it is just such a complicated process, I don't know if it will be finished by the time we need to be in the US. Yes, on his first J-1 visa we got legally married in the US, I am pretty sure this is 100% legal, right?

It is important to use terms properly...

The consulate is under the control of the Department of State (DOS). DCF does not result in a greencard as the Department of State does not issue greencards... DCF results in a visa that gives the holder permission to seek entry to the USA at a border post... It is the physical act of being granted entry into the USA that ultimately results in the issuance of a greencard... You can be issued a visa and still be denied entry. No entry, no greencard. Subtle but important difference.

When he received the visa and was subsequently was granted entry into the USA he was not legally married to a US citizen. You then got legally married while he was here.

Now on this application he is legally married... Now do you see the difference? It is the circumstance of being legally married at the time of visa application and/or entry into the USA that is the potential problem

Yes, fwaguy, I see your point, thanks for the clarification. Since the J-1 adjustment is out of the question, are the CR-1 and K-3 visas really my only options?

What if, for example, my husband was able to find a job while he was still on his J-1 visa and was then sponsored by his new employer to get a work visa? Is it against the law for him to have a work visa while he is married to me, a USC? Basically what I am asking is if he can immigrate and settle in the US regardless of our marriage or because we are married, is he required to enter the US on a CR-1 or K3?

If he was on a work visa, would it also be fraud to adjust his status to permanent residency through marriage to me? Or is this legal?

Thanks

Your circumstances are different in that you are now married. Being married will make a difference in how your visa applications are looked at.

I wish I knew more about this crazy process. We specifically arranged everything last year to get legally married in the US as we thought it would be easier to get a visa this way. Now it looks like we should have waited and gotten married next year, what a drag.

My mom always told me not to trust lawyers, this is the first time I have had to speak with one, she certainly was a wise woman.

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

On his first J-1 visa was there a "legal" marriage to a USC?

Yes, we can apply for a green card from Egypt through DCF, it is just such a complicated process, I don't know if it will be finished by the time we need to be in the US. Yes, on his first J-1 visa we got legally married in the US, I am pretty sure this is 100% legal, right?

Thanks fwaguy and meow mix,

Since the J1 visa only takes a day or two to get, we'll probably be applying in May so he can travel to the US in the summer. His first intent with the J1 visa is to teach at the university that sponsors him. But since he'll already be in the US and just so happens to be married to me, a US citizen, is there any reason why he couldn't adjust his status to get a green card? How can the USCIS determine objectives and what are its criteria? Could I possibly ask the USCIS directly if this is possible or how can I know for sure this would work?

Our case should be complication, but will I still need to submit the affidavit of support and all that?

Firstly, all visa applicants are assumed to have immigrant intent and it is incumbent on the applicant to demonstrate otherwise... So the USCIS does not have to prove intent... so there is no criteria per se.... Think about it... If he is asked at the AOS interview...

1) I see your wife lives permanently here in the USA is that true?

2) Do you love your wife?

3) Do you believe that for a marriage to prosper that a husband and wife should live together?

4) Were you married to you wife before you entered the USA?

5) Please tell me then how you could not have intent to stay here permanently with your wife when you entered the country?

Remeber, these people are trained interviewers.........

You won't know until you try, but you may find that the J-1 will be denied... Your circumstances today are vastly different than they were before..

Hello, What do you mean by your last line, "Your circumstances today are vastly different than they were before"? We got married in the US and then returned to Egypt and will be going back to the US next summer. My husband will be able to truthfully answer all of the questions you listed...But I see your point and will look into seeing about getting an immigrant visa.

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.

The problem isn't in the J-1, per se. From your original post, I gathered (as did many others) that you are both still in Egypt.

The problem is fraud. The J-1 is not a settlement visa. If you are in Egypt now, and he enters the US on a J-1 with the intent to settle permanently in the US that is not going to fly. The J-1 is not for permanent settlement and to use it for that purpose may create much larger problems for you down the road.

It is possible to adjust from a J-1 visa; however, most of the cases I have seen involve the J-1 being in the US, marrying a US Citizen and then remaining in the US- not entering on the J-1 and then adjusting.

Hello Gwen666,

I realize this may be a problem, I don't want to end up having problems with the USCIS, but why did the lawyer say he could help me adjust my status easily? Yes, I am living in Egypt with my husband now, I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment. It seems like we should have waited to get married until we were in the US, but that's complicated, and I've already been married to him for a while.

Thanks fwaguy and meow mix,

Since the J1 visa only takes a day or two to get, we'll probably be applying in May so he can travel to the US in the summer. His first intent with the J1 visa is to teach at the university that sponsors him. But since he'll already be in the US and just so happens to be married to me, a US citizen, is there any reason why he couldn't adjust his status to get a green card? How can the USCIS determine objectives and what are its criteria? Could I possibly ask the USCIS directly if this is possible or how can I know for sure this would work?

Our case should be complication, but will I still need to submit the affidavit of support and all that?

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt.

I came here on J1 with 2 years home residency requirement, and had the same problem. theres nothing to worry about that, try to see the NOC option and you have to get some NOCs from egypt. many people with many opinions and lawyers are ready to take whatever they can, instead see if you can get NOC from your home country, some letters they will send to your egypt consulate in usa or might give u with govt. seal, those you have to take to egypt consulate here and they will send to Waiver Dept with their stamps and final statement that your egypt country does not have any problem if you want to stay here in usa, and then its upto waiver dept to make decision, but usually its approved if everything is normal, but do it before visa gets expire.....i did the same thing in 2004 and took like 2 months to get everything done and got my waiver granted.

but dont go for lawyer, theres nothing he can draft or he can do, fill out the forms and start getting somebody work in your country, there are like 3-4 govt departments that your relative needs to go in egypt to get NOC

one i remember is Dept of Education, Regional Passport Office, Department of Home ... i dont know what do they call in egypt but you can call ur egypt consulate in usa and find out, they should help u and lastly USCIS they will guide you too... Dont worry and dont panic, i had been thru the situation, for many people, J1 visa is still a wonder and thts the reason they will give u some wild replies to make u nervous

Thanks for your reply sidd.oberoi, could you please explain what this NOC is and how I can some of them from Egypt? Maybe I don't need this because my husband received the waiver? Does the USCIS really help people? Will they answer questions if I email them or call them?

Also, what do you mean when you wrote, the J1 visa is a wonder? When I read the USCIS website, it was very confusing and it appeared that we couldn't apply to adjust my husband's status with his J1 visa since his intentions would have differed. Now I am hearing different opinions and don't know what to do.

Thanks

Hello,

Sorry, I am new to the immigration game, what is HRR and NOC?

My husband received a J-1 visa last summer and he received the waiver for the 2-year home residency requirement, so we are applying for it again this summer as he has the same job in a US university as last year (his visa says: bearer not subject to section 212 E, two year rule does not apply). He also has a SSN card from his job in the US last year.

In this case, can we adjust his status without leaving the US?

Hello,

My husband is from a poor country and his family is simple farmers, but he was able to fulfill his dreams and to work his way up from a farmer's son to a instructor in a private university in his country. I have faith in him and helped him work towards his goals. I also knew him to two years before marrying him, one year I was living in his country and the other year back home. I got to know him really well and he never asked me for money or anything. He never even thought about marrying a foreigner until things got serious between this. I even had to convince him that we should move to the US as things would be better there for us and the job opportunities are much better. But if I had any doubts I would not have gone through with my marriage (3.5 years ago) or have begun the immigration process. Living in his country really helped things a lot, most importantly, I speak his language fluently and understand his culture and society. Also, living cost in his country are really cheap so we can live here very reasonably. If you don't mind, I would highly recommend you live with him in his country for a little while to make sure the relationship is strong and to help him succeed in gaining good job skills before immigrating to the US. This could make a difference and you could have time to learn more about each other before moving to such a high-stress difficult situation how it will be in the US.

Please DON'T apply for a visa for your husband. It is situations like yours that make is so much harder for the rest of us who are in mutually loving relationships not in financial/green card arrangements. If you think you do want to spend the rest of your life with the guy then you should go there and not offer any resources other than what the two of you can earn working in his country.

Hmm, chances are she isn't too concerned about your visa at this point

It's easy for us to say that we will do whatever it takes and wait as long as it takes etc etc - which is a darn good thing and I feel that way too - however - we don't know enough here. It sounds as though she is surrounded by people - she mentions her Mother, who are nay sayers.

It is not easy for every person to be surrounded by people saying - you are older, he asked you for money?? How will you support both of you?? he is from a country full of people looking for an easy way to a GC. We just don't know enough about the OP or her situation to say - hey you are having doubts - so throw in the towel.

One other thing the OP mentioned "I feel like I am the husband and he is the wife, even my mom said this". New immigrants have it tough, generally they can't work for a while and there is an adjustment phase. While he isn't actually with you yet, he obviously comes from a poor country where money is hard to come by. It will not be the traditional man out working scenario for a while after he gets here (if you decide to go ahead with the visa), but you already knew that, I'm sure to your Mom it looks really strange.

All I'm saying is that we shouldn't jump to conclusions based on the little bit that we know.

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

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

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.

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.

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).

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!!!!