Camu

Hi all, I know the question I'm going to ask has been repeated for a
million times, but please read about my "particular" situation. I'm an
Italian citizen who married an US citizen. We filed I-130 and after 6
months it was approved by USCIS. Now they forwarded our request to NVC
and we are waiting for the "packet". I see it takes about 4 to 8 weeks
to receive that kit (is this timeframe correct?), so we will wait! But
now I found that me and my wife need to meet the POVERTY GUIDELINES
(Department of Health and Human Services) in order to get the
Affidavit approved. I'm currently employed as a Public Servant in
Italy, and my wife now is in Italy with me, working part-time for an
Italian company.

The questions:
1) how much is the lower limit for the affidavit? is it $13.000 as
stated on the Department of Health and Human Services website? (for 2
persons)

2) her father retired last year and lives in the US, in the same house
we are going to live in... can he be a sponsor for us?

3) can I add my Italian job revenue to the total amount? I plan to
stay here until I can start working in the US...

4) how long does it take from the I-130 approval to obtain the "real"
VISA and start searching a job overseas?

Thanks in advance!

ian-mstm

For two people, the current figure is $17,113.


Yes, he can sponsor you if he earns $17,113 or has assets valued at $85,565 (5 x $17,113) - which is still two people - him and you. If he is married (therefore 3 people), he'll need to earn $21,463 (assets = $107,315)


Not sure about #3.


You can start searching for jobs now, but you're probably looking at a further 2 - 4 months for the visa... maybe more, maybe less.

Ian

Noorah101

Hi Ian,

This is now 3x the amount (not 5x anymore).

Rene

Noorah101

Hi Camu,

Ian answered your other questions. For this question, you can only use your (and your wife's) Italian income if it will continue from the same source once you are in the USA. Since that doesn't seem to be the case (you will both have new jobs in the USA), then having her father be a joint sponsor is the way to go.

Also, the Immigrant Visa is only valid for 6 months. You must use it to enter the USA within those 6 months. If you want to, you can use it to enter the USA, get the I-551 stamp in your passport at the POE, then return to Italy to continue working until something comes up in the USA. Just be aware that you shouldn't stay outside the USA for too long at a time...you need to live in the USA. Also, you can't come to the USA ahead of your wife. You either need to come to the USA together (and then you'll return to Italy to continue working), or she can come over ahead of you. Also keep in mind that it's more difficult to job hunt from overseas. Employers prefer hiring someone who is already in the USA.

Best Wishes,
Rene

ian-mstm

IIRC, that's only if the spouse is the sponsor... in this case, he was asking about the father-in-law.

Ian

Noorah101

Hmmm....I thought it was a flat 3x no matter what. I'll have to check.

The joint sponsor fills out the same I-864 as the sponsor would, so I don't see why it would be different.

Rene

ian-mstm

Y'know... I don't just make up this stuff!

Ian

Noorah101

By golly, you're right. The father in law's assets would have to be 5x the amount. My apologies.

Rene

meauxna

1-Your sponsor/spouse needs to meet 125% of the Poverty Guideline; please start reviewing form I-864.

2-Her father can elect to be a Joint Sponsor or a Household Member. Again, review the form and its instructions for info on the differences.

3-Your income has to continue once in the US to 'count'. When you enter the US with your immigrant visa, you will be eligible to work immediately (getting employment is a whole other story of course).

4-You can search for a job anytime you like. You can't accept a job until you are employment authorized. Time from petition approval to visa is in a couple of steps; first your case goes to the NVC--you might google for NVC shortcuts or timesavers to speed that up--it's typically 3-4 months (longer as they won't send the paperwork overseas--you need an 'agent' in the US to receive the many back and forth mailings that will come. After you complete at the NVC (you can find info about the National Visa Center on the travel.state.gov website) your case goes to the Consulate where you will interview (Naples is the only Italian one I think) and you wait in line for your turn with them (no idea on current or future wait times there).
In other words: a while yet.

Camu

Hello everybody and thank you so much for your answers, I really
appreciate that. My father-in-law is a widower, so he lives with my
wife over there. Her residence is in the US, even if we suffered too
much the distance and she came in Italy for this summer. We'll wait
for the I-864 (which is supposed to arrive at my wife's address in the
US), fill-out everything, pay fees and then wait :-) Thanks also for
the informations about the 5x for assets (is it the retirement amount
the union gave him elegible for assets? and what about the house he
owns?). I really appreciate it!

Have a nice day,
dino aka camu.

ian-mstm

Both his retirement and his house are eligible assets *if* they can be converted into cash in a reasonable (= 1 year) amount of time. For the house, the asset value is equal to the current market value less any mortgage owed.

Ian

Noorah101

I would say if he receives retirement pay, this would fall under "income" rather than "assets".

Rene

meauxna

I agree with Noorah101 that retirement payments he receives monthly are counted as 'income'. A bulk amount he holds in an investment account is an asset, as is real estate etc, but his retirement income may be sufficient.
To count the value of real estate, he must document the value of the property and deduct the amount he owes on it (mortgage, and that must be documented too) and the 'equity' is what he 'owns'.

I encourage both your wife and her father to start looking at and completing the I-864 NOW so they may have one prepared to return to the NVC immediately.
Even without income, your wife is the primary sponsor and will be required to submit an I-864.

Mary23

I found this table online don't know if it will help. But this is the 2007 HHS Poverty Guideline Table from the federal government. These numbers are calculated at being 125% above the poverty threshold.

2007 HHS Poverty Guidelines

Persons
in Family or
Household 48 Contiguous
States and D.C. Alaska Hawaii
1 $10,210 $12,770 $11,750
2 13,690 17,120 15,750
3 17,170 21,470 19,750
4 20,650 25,820 23,750
5 24,130 30,170 27,750
6 27,610 34,520 31,750
7 31,090 38,870 35,750
8 34,570 43,220 39,750

For each additional
person, add 3,480 4,350 4,000

SOURCE: Federal Register, Vol. 72, No. 15, January 24, 2007, pp. 3147–3148

Mary23

The table didn't come out well but here is the link to the current table.

http://aspe.hhs.gov/poverty/07poverty.shtml

Scroll down mid page and you will find the table there.