The Only Thing Holding Us Back is the Financial Requirement

I know I haven't been on here in about a year. Everything has been going well, but the distance is getting harder. My husband is coming to the States in September, and he is staying here until November. I am going to be going back with him to the UK in November, to spend Christmas and New Year's with his family.

The only thing that is holding us back from bothering to apply for the Spouse Visa is the financial requirement. He is still unemployed, and not having any luck with the job market. He is on a Job Seeker's Allowance. I know that he has to make at least 18,600 pounds a year in order to meet the financial requirement eligibility. That is the only thing that frustrates me about the Visa. I am wondering whether we should wait it out a bit more, or even bother applying for the Visa, since I know there was a court case against the financial requirement? The last thing I heard about it was back sometime in March. I guess they haven't made a decision on it yet? If I apply for the Visa, will it most likely get denied anyway?

Sorry about the questions, I have just been doing a lot of thinking and talking with my husband about visas lately, and it has gotten me into a worry. Our plan B is for him to apply for a Green Card to the US. Would that just be a better route all around?

I'm not 100% sure, because it's been 7 years since my husband applied for his green card, but I think it would be easier for him to come here for the time being.  It should be no problem for him to get a job once he has the visa, although I don't know how long it will take.  I would definitely look into it, in any case, to see what the requirements are. When my husband got his first job in the US, he was only in the application process for his visa, and had not yet received it. And I worked as a Nanny, and so didn't make a whole lot of money, but it was enough.

I'm really sorry you are going through this. I can't imagine how stressful it must be to be apart for so long. I could not do it. Hopefully you guys will be able to figure it out.
Good luck!

No decision has been made on the court case involving the financial requirement and it will likely be years before a final determination is reached.  The Home Office won't give up easily and will take it to a higher court if the initial decision goes against them.  If you apply without meeting the financial requirement your application will be put on hold pending a decision so you'll be in limbo.

Thank you both for the answers. Hmm, so then it might be better off to apply for a Green Card then, if applications get put on hold until the Court Case is settled. =/
Darn, we both would rather stay in the UK, but at least being together is better than being apart all the time. Being in limbo doesn't sound like a good way to go for the time being, lol.

It's much easier to go UK to US, than US to UK.

As Anonymoss said the application would be put on hold and they'll have your passport the whole time!  And there are supposedly thousands of cases on hold so if/when the rules change there will be a massive backlog.

Remember you can consider moving to a different country all together. 

I hope you find a solution.

Getting him a visa for the US is easier, but it will take longer, so you just need to be prepared for that. In general, it takes about 8-10 months from starting the application process to actually getting the visa.

First, you will need to file a petition for a visa in the US, which can take up to a few months to be approved, and then when it has been, he will need to apply for the visa at the US Embassy in London, which will involve an in-person interview and a medical exam.

There is a financial requirement for a US spousal visa, but it is easier to meet than for a UK visa as you can use co-sponsors

See here for more information:
http://london.usembassy.gov/immigrant-visas/immediate-relatives.html

There is a rumor that they will be releasing some info on the judgement next week. it's not confirmed but might be worth watching for

The thing is, even if the £18,600 requirement is overturned, there will still be a financial requirement of some sort, and even under the old rules JSA would not have been sufficient. Unless he can find a job there's not much point in waiting for the court case to be resolved. If you can go the green card route, I would.

I know that there will be a financial requirement, even if the 18,600 limit is overturned.  

We were thinking of going the Green Card route for a few months now, and have the forms saved on our PCs. It is just the matter of filling them out and getting all of the evidence and info together for them. Ultimately, we would both rather be in the UK, but now it comes to the point where we don't care where we are, we just want to be together. Seven years apart seems a bit long. xD (met 2007, married 2012.)

Kismet, I will be watching for that info. Lol, I go on almost every day to the site to see any changes in policies, rules, etc.

No decision has been made on the court case involving the financial requirement and it will likely be years before a final determination is reached.  The Home Office won't give up easily and will take it to a higher court if the initial decision goes against them.  If you apply without meeting the financial requirement your application will be put on hold pending a decision so you'll be in limbo.

It won't be 'years' before a final determination is made.  As Kismet says, a ruling on the most recent appeal is expected within the next two weeks.  Even if there is another appeal that ruling would at best take another year.  By then there will be a change of government.  Between three strikes out for the Home Office and a change of government it is not unreasonable to expect the rules to be relaxed. 

It might be important to consider that if your husband can't find a job in the UK, do you think it will be substantially easier in the US?  There is no JSA to fall back on in the US.

To be honest, with the economy considered in the US as well, I am unsure whether it would be that much easier for him to get a job here, unfortunately. I have talked about this also, with both my husband, and my parents (my father would be a joint sponsor with me, if we do consider going the Green Card route.) The job market is the one thing that simply worries all of us. I currently have a job in the US, though I am considering looking for another that pays better, after I return from my December trip to England. At least in the UK, he has the JSA to rely on, for now. =/