DCF IR-1 and I864 questions.
#1
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 12
DCF IR-1 and I864 questions.
Hi All,
Me and my wife got married just over a year ago and have taken the decision to move back to the US. We are quite confused about what to do about our situation however, nobody seems to have been in the same situation!
We plan to do DCF next year with my wife(USC) moving back to America around August. At this point in time we worked out we should have around $23k in savings. But with my wife needing money to take to America by the time it came to the interview (4 months later in order to prove domicile and income) we would only have around $22k.
The problem is my wife would only be able to earn $13,000 a year on returning to the US and therefore we worked out we would need 18912-13000*3 which should equal $17,736. So we should be over by about $5,000. We are worried that even though we meet the requirements that it would be likely to be rejected as we are using assets to bridge the gap or are we just worrying too much?
I was also wondering if they look at my employability factor going to the US and the fact I have a good job here would show I am less likely to become a public charge? Unfortunately it is next to impossible for us to get a sponsor as my wife does not have many family members in a position to help so we are working really hard to try and make this happen. We don't want to start an application that is destined to fail.
A final point is I have seen some people mention you needed ILR for DCF? We planned on just getting the FLR(M) extended (which we believe is a 2 year extension?) as we don't intend on returning to the UK or do we need ILR?
If anyone can give any advice (to do with our questions or just in general) it would be great to hear to try and guide us down the right path and know we can acheive our goals! It would also be grand to hear from anyone else who has been close to our situation. : )
Me and my wife got married just over a year ago and have taken the decision to move back to the US. We are quite confused about what to do about our situation however, nobody seems to have been in the same situation!
We plan to do DCF next year with my wife(USC) moving back to America around August. At this point in time we worked out we should have around $23k in savings. But with my wife needing money to take to America by the time it came to the interview (4 months later in order to prove domicile and income) we would only have around $22k.
The problem is my wife would only be able to earn $13,000 a year on returning to the US and therefore we worked out we would need 18912-13000*3 which should equal $17,736. So we should be over by about $5,000. We are worried that even though we meet the requirements that it would be likely to be rejected as we are using assets to bridge the gap or are we just worrying too much?
I was also wondering if they look at my employability factor going to the US and the fact I have a good job here would show I am less likely to become a public charge? Unfortunately it is next to impossible for us to get a sponsor as my wife does not have many family members in a position to help so we are working really hard to try and make this happen. We don't want to start an application that is destined to fail.
A final point is I have seen some people mention you needed ILR for DCF? We planned on just getting the FLR(M) extended (which we believe is a 2 year extension?) as we don't intend on returning to the UK or do we need ILR?
If anyone can give any advice (to do with our questions or just in general) it would be great to hear to try and guide us down the right path and know we can acheive our goals! It would also be grand to hear from anyone else who has been close to our situation. : )
#2
Re: DCF IR-1 and I864 questions.
The problem is my wife would only be able to earn $13,000 a year on returning to the US and therefore we worked out we would need 18912-13000*3 which should equal $17,736. So we should be over by about $5,000. We are worried that even though we meet the requirements that it would be likely to be rejected as we are using assets to bridge the gap or are we just worrying too much?
I was also wondering if they look at my employability factor going to the US and the fact I have a good job here would show I am less likely to become a public charge?
Unfortunately it is next to impossible for us to get a sponsor as my wife does not have many family members in a position to help so we are working really hard to try and make this happen.
2. The Joint Sponsor does not have to be a family member. It can be anyone who is 18+ years old, USC or US PR, living in the USA, and meeting the I-864P guidelines for their household size plus the immigrant.
A final point is I have seen some people mention you needed ILR for DCF?
Rene
#3
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: DCF IR-1 and I864 questions.
Good advice all round from Rene. Just want to confirm from experience that ILR is not required. My USC wife filed an I-130 for me in London after living in the UK on FLR for about 14 months and it was approved last week.
Regards,
James
Regards,
James
#4
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 12
Re: DCF IR-1 and I864 questions.
Your wife IS the sponsor. What you mean is, it will be next to impossible to find a Joint Sponsor.
Thank you both for the replies, we were sure there was a reason for the poverty line and we were worrying too much but it seemed reading some posts people were still being rejected when being over it however this must have been due to assets that were not liquid.
So happy we can make plans for an earlier return now too! Is there anywhere to find out currenct processing times for DCF?
Oh and is it possible to choose a date for your interview if for any reason it is set too early?
#5
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: DCF IR-1 and I864 questions.
This website tells you the filing date they are currently processing on the right hand side:
http://london.usembassy.gov/dhs/uscis/i130filing.html
It also tells you everything you need to know to complete the process. It currently takes 3-4months for them to process the I-130.
You don't get to choose the interview date, although I suppose you could request one when you send in the last round of paperwork. You can also request a change of change of interview date if the first one doesn't suit but, again, you don't get to choose the new date.
http://london.usembassy.gov/dhs/uscis/i130filing.html
It also tells you everything you need to know to complete the process. It currently takes 3-4months for them to process the I-130.
You don't get to choose the interview date, although I suppose you could request one when you send in the last round of paperwork. You can also request a change of change of interview date if the first one doesn't suit but, again, you don't get to choose the new date.
#6
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: DCF IR-1 and I864 questions.
Ian
#7
Re: DCF IR-1 and I864 questions.
Don't make any plans that can't be cancelled or changed. Don't buy any airline tickets until you have your visa in hand. Don't sell any property unless you were planning to sell anyway, and don't mind renting until your visa is ready.
If you see your case is going faster than you anticipated, you can slow it down by not returning the checklist to the embassy until you're ready for them to book your appointment.
Rene
Oh and is it possible to choose a date for your interview if for any reason it is set too early?
Rene
#8
Re: DCF IR-1 and I864 questions.
Rest assured that many people have been in your situation, you are not breaking new ground.
"$13,000 a year" is less than minimum wage for a full time job. To be sure that we understand the situation, are you saying that your wife will be working only part time? Or are you saying that she will earn only $13,000 in the partial first tax year that she will be working in the USA ?
If you meet the requirements you will not be denied. Assets can be used to make up for insufficient income, and there's no better asset than cash.
"less likely" is not sufficient. Even a job offer is not sufficient.
Regards, JEff
#9
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 12
Re: DCF IR-1 and I864 questions.
Hey all, thanks for all of your replies!! Making things much clearer for us both : )
Don't worry I may want to get there sooner but I know that everything does not go just how you would expect it will all of the time : ) And as for renting I am young and still unfortunately renting anyway : ( I'll also make sure from everybodies advice to delay the application rather than requesting a specific interview date if the need arises.
I am honestly not sure what the full time wage is, how much over $13,000 a year is it for New York State? She will only be working for 3 months before I go to the interview (in the ideal situation) so what the paystubs reflect as the annual wage, so what is the minimum wage in the US?
So good to hear from a few people confirming we were worrying too much!!
Don't make any plans that can't be cancelled or changed. Don't buy any airline tickets until you have your visa in hand. Don't sell any property unless you were planning to sell anyway, and don't mind renting until your visa is ready.
"$13,000 a year" is less than minimum wage for a full time job. To be sure that we understand the situation, are you saying that your wife will be working only part time? Or are you saying that she will earn only $13,000 in the partial first tax year that she will be working in the USA ?
So good to hear from a few people confirming we were worrying too much!!
#10
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: DCF IR-1 and I864 questions.
Assuming a full time job is 40 hours a week, 52 weeks a year, the minimum wage in New York state would pay $15,080 in a year.
James
Last edited by JSL8610; Apr 18th 2012 at 8:52 pm.
#11
Re: DCF IR-1 and I864 questions.
The short time in the job could be a negative factor in that it leaves open to question how sustainable the income is. Many new jobs involve a probationary period, for example. It will be important how the employer describes the position in a letter confirming her employment and salary.
The pay stubs should show an hourly or pay period rate or pay - multiply that by the number of periods in a year. E.g., for full time work there are 2080 work hours in a normal year.
The Federal minimum is $7.25. New York follows the Federal rate, some states have a higher minimum. Regards, JEff
The pay stubs should show an hourly or pay period rate or pay - multiply that by the number of periods in a year. E.g., for full time work there are 2080 work hours in a normal year.
The Federal minimum is $7.25. New York follows the Federal rate, some states have a higher minimum. Regards, JEff
#12
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 12
Re: DCF IR-1 and I864 questions.
Thank you both, sorry for asking about the minimum wage. I did google it I just somehow managed to calculate it to be a lot less... not sure how that happened.
Will make a note of getting a letter from an employer too as it seems as though that will be imperitive. If you do DCF how can they expect you to be in a job for longer than that, do they expect you to be seperated for longer than 4 months?
Will make a note of getting a letter from an employer too as it seems as though that will be imperitive. If you do DCF how can they expect you to be in a job for longer than that, do they expect you to be seperated for longer than 4 months?
#14
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 12
Re: DCF IR-1 and I864 questions.
Should be really wait for that fourth months paystub to help show that a probabtionary period is no longer in effect or will a letter confirming the permanent nature (as mentioned above) be sufficient?
Again thank you for all of your quick replies : )
Again thank you for all of your quick replies : )
#15
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: DCF IR-1 and I864 questions.
I suspect a formal letter stating the type of work, date the employment began, rate of pay and that the position is permanent will go further than an extra month at the job. Of course, I don't know for sure.
James
James