NYState of Mind

We are in the process of getting my husband to the U.S. All the forms have been filled out for the I-130. Now we're just waiting. While we're waiting I've been doing a lot of reading about this process.

As I understand it I am the one petitioning him, correct? That means I have to have evidence that I can support him financially when we're back in the U.S. if he has not found a job? Is this correct?

Well I'm not working and haven't worked for two years. Moved from the U.S. to London to be with then boyfriend, who turned into fiance now husband. During the time I was in London I went home ever three months so I could get my passport stamped and return another three months. I did this little game for well over a year. Until I recedived my finacee visa to stay here for six month and then finally recceived my LTR stamp in my passport after we got married. Just to give a little background on why I have not worked in the UK.

We have x amount of money saved up in our savings that we can very well live off comfortably for about year or so. Is that sufficient enough? Finding him a position should not be a problem as he has established professional contacts that he has worked with in the past back in NY. We are also going to throw in a wild card io the mix -- the company he works for has offices worldwide and in NYC. We figure if he is valuable enough and they don't want to lose him they would offer him a transfer (fingers crossed).

If they don't accept the savings account as evidence would I need someone to co-sponsor me as well? And if so, can they be my parents who are retired or do these co-sponsors have to have a job with an income coming in? Did that make sense?

Any information or experience you can share would be great.

Thanks a bunch. Cheers.

Caro

If you live in London, you can DCF at the London embassy instead of doing the I-130 in the States.

Regarding the sponsoring, you will probably need to get a co-sponsor who makes 125% of the poverty limit unless you have the asset that they ask for in the I-864.

Caroline

Buendia

I am in a similar position. Am here in Ireland right now wating for my husband to get his visa, and plan on starting a new business when I return to the US.

If your income (his is not included in the affadavit of support) is not above the threshold, or you're not working, then you have to have a certain amount of savings. This goes for any sponsor.

This website will tell you how much:
http://www.travel.state.gov/checklist.html

Even though my income shown on my tax return is enough, I'll be starting new work and I'll be self employed so we've asked my parents to co-sponsor my husband. My father is retired, so no income from earning shown on his tax return, but he meets the savings requirement.

Hope this helps!

sibsie

Have you asked with London if your husband can self sponsor? Some consulates allow it.

NYState of Mind

Well we are very early on in this process I just mailed out our I-130 to the Embassy in London so I'm just trying to get everything in line here. As for the DCF they don't actually tell you over the phone (I've find out). It's kind of a unwritten guideline that varies from embassy to embassy. But yes, I'm sure once they receive my petition hopefully the process won't be too long. I am pregnant with our first child and am really wanting to get home before I start showing!! : )

The money we have saved up is well above and beyond that poverty level. So if we transferred some of those assets to my acount in NY would that suffice I wonder? I perhaps can ask my brother to co-sponsor as well. He makes good $$$. That should hold some water, shouldn't it?

Thanks a bunch..

sibsie

I'm not at all up on the finer points of the affidavit. I did manage to get through to my consulate which is Madrid (took 3 days of calling mind) and they said that self sponsor was a "possibilty" for me.

If you haven't already seen it... this page http://uscis.gov/graphics/howdoi/affsupp.htm tells you all about it.

ccalgreen

We're quickly trying to spread this caveat on sponsorship -

Although we didn't need a co-sponsor for to obtain my K-1 Visa, we need one for our Adjustment of Status.

To be safe, anyone you're considering as a sponsor (be it yourself, relative etc.) should be able to prove that they can make and was able to make 125% of the poverty line (I think links have been posted elsewhere on this thread) for the past three years. This means that their tax returns for the last three years must show this.

Other people have gotten away with less than this, but our Immigration Inspector was adamant this was what she wanted. It doesn't cost anything to get a co-sponsor (apart from a nominal fee to get their signature notarized), so it's worthwhile doing if you have any doubts.

Good Luck!

CLEM

Rete

Assets must be 5 times the 125% poverty guidesline for a family your size. For you two, not including your state of health, that would be approximately $18,000 x 5 = $90,000

Rete

NYState of Mind

So my question is if we put that much in my savings back in NY would that suffice? I'm assuming yes..

I really don't want to get any family members involved if I don't have to besides perhaps writing a letter to support us for a character witness or something relative to that.

meauxna

No. It means you have to show ongoing income at 125% of the poverty level for your household size -OR- assets which can be liquidized w/in 12 months at a rate of 5 to 1 -or- a combination of the 2.

If your savings do not equal 5 X 125% poverty level, they will be insufficient (unless you have real estate, retirement or other to add in). Your spouse's assets can be counted if you have lived together 6+ months. Retired co-sponsors are allowed. Unemployed primary sponsors are allowed. Have you practiced completing an I-864 yet?

Also, your post is checked "Do Not Send to Usenet" which limits the number of people who will see/potentially answer it.

meauxna

Why put it in NY?

NYState of Mind

[QUOTE Have you practiced completing an I-864 yet?

Also, your post is checked "Do Not Send to Usenet" which limits the number of people who will see/potentially answer it. [/QUOTE]


Thank you. I didn't realize I had checked it. As for practiced completing an I-864? No, I'm taking one step at a time. I just submitted my I-130 to the embassy in London. I don't want to get ahead of myself at this time. One form at a time..

So that's good news then. Since we've been living together for over 6 months we can transfer our assets in the savings here over to my account in NY.

Thanks for the info.

NYState of Mind

Why? Because I won't be working and he may or may not be working when we get to the U.S. (depends if his company will transfer him) and I need to show liquid assets because we don't want to depend on any co-sponsors. So putting a sufficient amount in our account in NY would do, that's what we are going to do. I would imagine anyway...

I can't think that far in advance. Need to do it one step at a time.

meauxna

I realize I'm 'jumping in' on your conversation here; I may have missed something you've posted before.

Where do you read that the money need be deposited in the US? As a legitimate couple living abroad, you are expected to have your assets etc with you. IE, it's OK that they are in England, Belgium, the US or elsewhere.

You might benefit from reading our experiences in early September 2002 when we filed our DCF. USC + UKC living in Greece. USC unemployed, but with assets, UKC retired with pension income and assets. Living together for 6+ months.

Then again, if you don't want to think that far ahead...
best,
meauxna

NYState of Mind

No worries about jumping in. I just figure if we put half of what we have here in NY it would be sufficient. Since I haven't worked for over two years!! That's what I'm worried about. I have no means to show that I can support him. Since he supports me. The only income we have is my husband and if he if not working at the time of our move then don't "I have to show" that I have the financial means so we can live on until he finds a job?