mmdan

Hello all,
I am writing you to ask for some advice from those familiar with spouse I130 petitions and immigrant visa applications.
I am a US citizen by birth but my wife is French. We want to fly back to the US to flee the French unemployment blob. But this process leaves us with some worrisome questions:

- I currently have only one relative left in the US but the I130 form and DS230 form both require an address in the US (one for USCIS to send mail to - and one which is supposed to be where we'll live). What have you done or would you advise us to do? Is it absolutely required?

- I read that once the I130 petition is approved we'll have (before her interview at the consulate) to submit an I-864 (affidavit of support). However, we are currently both unemployed since the middle of last year. I hope I'll have a job by then but given how things are going, I am not sure. I completely own my house (it's worth less than $50K though). I have about $40k in cash. And we receive about $4k/month between both of us in unemployment insurance until about april of 2007.
Given that we will go the US with no jobs waiting for us, and that won't receive our unemployment insurance after we leave France of course, we will leave on our savings for a couple of months maybe.
I don't think we'll meet the poverty guidelines in the affidavit of support.
ANY ADVICE?

Thanks,
Daniel

Noorah101

I don't know if it's possible to DCF in France, or if you qualify for doing so, but check with the embassy and see if you can file the I-130 directly there, and not stateside. Perhaps you're already doing it this way, I can't actually tell. That said, I do believe the USC needs to show "domicile" in the USA, which means having a valid mailing address there. Perhaps your one relative there would let you use their address for mailing purposes until you move back and get settled in your own place.

If you don't meet the requirements, either by income or assets, you'll need to get a joint sponsor. Anyone who is a USC or Permanent Resident living in the USA can be a joint sponsor. There is no other way around it. Either you need to qualify, or you need to get a joint sponsor.

Best Wishes,
Rene

Noorah101

Seems to me that your assets come to around $90,000. I think the poverty guideline for 2 people is around $17,000 (I will check on that). Assets must be 5x the amount required, which comes to $85,000 in your case. Seems to me you qualify by using your assets, unless there are more in your household/family than just the 2 of you.

Rene

Noorah101

I looked it up...here's the link. http://www.visapro.com/Immigration-Articles/?a=394&z=64

A family of 2 has a requirement of $16,500. Multiply that by 5, and you get $82,500. If your assets are $90,000, I think you'll qualify. You'll need to bring bank statements showing your savings, and bring an appraisal of your house showing the value, along with paperwork showing it's paid off.

Best Wishes,
Rene

mmdan

Hi Noorah101,
Thanks for your reply!
Yes I have been told I can start I130 petition through DCF and I will initiate this next week with my wife Stephanie at the consulate in Paris.
As for the affidavit of suppert, your info is very helpful. Maybe I can have my house appraised. Do you what kind of appraisals would qualify for the USCIS? I guess a realestate agent's wouldn't. But maybe something else...?

Cheers and thanks again for this site.
Daniel

Noorah101

Where is your house? In France, or USA? Here in USA, I recently refinanced my house, and the bank provided an appraiser. If your house is in the USA, maybe you can ask a bank for a reference to an appraiser. Or, do a search on line for independent appraisers in the area. If the house is in France, I'm not sure who would do that...perhaps a real estate agent would, or could recommend an appraiser. I don't know how picky USCIS is about proof of a home's value, but you might also try searching the net for houses that sold in your area recently, and print a few of them, to show the market value of homes in your area.

Just some suggestions.
Rene

mmdan

It's in France. We lived in France since we met.
But thanks for your info anyway. And thanks for the can-do attitude. After 4 years in this beautiful but very negative (at times) French athmosphere, I need it!
I'll let you all know about my adventures with the USCIS.
Cheers
Dan

scrubbedexpat099

I seem to remember somebody who issues using just assets for the I-864 at the Consulate level. Can not remember the details except they were well over the requirement. Might be an idea to check with Paris that they are happy with assets just to be safe.

Also being that close you might have issues with exchange rate movements or unexpected bills.

meauxna

hi Dan,

A formal appraisal was not required in my case (or others that I've read). I used the 'real market value' off of my county property tax return (lower than the actual 'real market value' I could sell for) and an up to date copy of my mortgage statement that showed the balance still left. The equity is the 'asset' figure for the I-864. Many people have also used a real estate agent's market valuation to establish worth.

You might email Paris and see what they say about the address. I completed my I-130 in two copies--one with my Greek addy and one with my US addy (I kept my residence in the US while I was away). The Athens INS office wanted the one with the US address. but, I know London sometimes tells USCs resident there to use their UK address. If you DCF, no mail will be sent to you in the US anyway. Your wife will need to give a US mailing address when she enters--so they can mail the Green Card, among other reasons.
London is also quite liberal about domicile; intention to return to the US is sufficient for them, so you might ask the Paris folk what they require, if it's not already posted on their website under Immigrant Visas.

Your comment about the American can-do attitude made me smile in sympathy.. Europe is great and all, but there *is* a lot of nay saying!
Happy returns!