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If i am on j-1 and my wife is a British citizen,what is her status regarding her stay
- Thread starter Hunky
- Start date
> I am an IMG who plans to start his residency next year on J-1.
H1b or not to be. If you have a year left, look into EACH and EVERY way to avoid the J1 and get an H1b before you sign on that dotted line and throw your life away ;-) Check other threads on this issue, be sure to know all the issues related to J1 and waiver employment.
> may i know if anyone has knowledge regarding the status of my wife
If you are on J1, your wife has a couple of options:
- shuttling back and forth under the visa waiver program (3 month stays)
- shuttling back and forth on B2 visitor visa (6 month stays, not more than 9month/year or so, don't know the details)
- getting a H1b work visa by her own merits (if she has 4 year college degree)
- get a J2 dependent visa. Once she is here she can apply for employment authorization and work any job that makes less than your residency salary (she is not allowed to be necessary for the family income or some other crap like that).
> who is a british citizen.
Except that she is eligible for visa free visitor travel, there is no benefit to being a british citizen over any other country.
> how long can she stay in US and if she can work..what are
> the rules for her.
The most common scenario is J2 dependent with EAD.
- limitations on how much she is allowed to make (I don't know how they enforce that and if at all, but be sure to look into that)
- I read here on the board that there is a 4 year limitation on it, but I have never found any official rules on that.
- she is tied to your your 'foreign residency requirement'. SHE would NOT be able to get a green card through her own work until YOU have gone to YOUR home country for 2 years or served ina a medically underserved area in the US for 3 years.
(Are you a permanent resident of the UK ? If yes, you might be able to get your J1 sponsored by the UK. Going back to the UK for 2 years is a far better option than many other places that come to mind.)
H1b or not to be. If you have a year left, look into EACH and EVERY way to avoid the J1 and get an H1b before you sign on that dotted line and throw your life away ;-) Check other threads on this issue, be sure to know all the issues related to J1 and waiver employment.
> may i know if anyone has knowledge regarding the status of my wife
If you are on J1, your wife has a couple of options:
- shuttling back and forth under the visa waiver program (3 month stays)
- shuttling back and forth on B2 visitor visa (6 month stays, not more than 9month/year or so, don't know the details)
- getting a H1b work visa by her own merits (if she has 4 year college degree)
- get a J2 dependent visa. Once she is here she can apply for employment authorization and work any job that makes less than your residency salary (she is not allowed to be necessary for the family income or some other crap like that).
> who is a british citizen.
Except that she is eligible for visa free visitor travel, there is no benefit to being a british citizen over any other country.
> how long can she stay in US and if she can work..what are
> the rules for her.
The most common scenario is J2 dependent with EAD.
- limitations on how much she is allowed to make (I don't know how they enforce that and if at all, but be sure to look into that)
- I read here on the board that there is a 4 year limitation on it, but I have never found any official rules on that.
- she is tied to your your 'foreign residency requirement'. SHE would NOT be able to get a green card through her own work until YOU have gone to YOUR home country for 2 years or served ina a medically underserved area in the US for 3 years.
(Are you a permanent resident of the UK ? If yes, you might be able to get your J1 sponsored by the UK. Going back to the UK for 2 years is a far better option than many other places that come to mind.)
Hadron
Hadron, there is no limits to how much the J2 makes, so long as the J1 salary is sufficient to support the J1. In other words, the J2 should be able to demonstrate (if required) that her salary was not used to support the J1. I was a J2+EAD for 7 years at finally my salary was 3 times my J1 spouse. However, my J1 spouse continued to pay the rent and all the bills for himself. I don't know how they will check if they have to (I mean the INS). They may just assume that a J1 physician doesn't need his spouses salary for his support.
Hadron, there is no limits to how much the J2 makes, so long as the J1 salary is sufficient to support the J1. In other words, the J2 should be able to demonstrate (if required) that her salary was not used to support the J1. I was a J2+EAD for 7 years at finally my salary was 3 times my J1 spouse. However, my J1 spouse continued to pay the rent and all the bills for himself. I don't know how they will check if they have to (I mean the INS). They may just assume that a J1 physician doesn't need his spouses salary for his support.
> I was a J2+EAD for 7 years at finally my salary was 3 times my J1
> spouse. However, my J1 spouse continued to pay the rent and all
Thanks. I allways wondered how they intend to proove this. I would guess that it is seen in relation to the federal poverty level. And as bad as they pay residents, it is still a multiple of FPL. It is probably more of an issue with graduate students on J1 who only make 21k. There the EAD could be denied because they make the point on the 'contribution to the living expenses'.
> spouse. However, my J1 spouse continued to pay the rent and all
Thanks. I allways wondered how they intend to proove this. I would guess that it is seen in relation to the federal poverty level. And as bad as they pay residents, it is still a multiple of FPL. It is probably more of an issue with graduate students on J1 who only make 21k. There the EAD could be denied because they make the point on the 'contribution to the living expenses'.
farrahmuldoon
Registered Users (C)
If your wife can get an H1 visa and work in the US, you'd probably be best off. Her employer could sponsor her, giving you a head start on the LPR process. That way, if you do the three year waiver, you will get your green card sooner ie once the waiver period is complete, which makes it easier for you to go back to a fellowship or move somewhere else.
My husband's waiver started in mid-2001, and we are still waiting for permanent residency (expected by Oct this year). The longer it takes, the harder it is to move, especially if you are making good money, which is why I have suggested starting the process earlier.
My husband's waiver started in mid-2001, and we are still waiting for permanent residency (expected by Oct this year). The longer it takes, the harder it is to move, especially if you are making good money, which is why I have suggested starting the process earlier.