golubika

Hello,
I am a US citizen. My husband is in the US on a H1B visa.
My income is not enough to cover 125% of the poverty guidelines (I only work part time). My husband and I have been married almost two years and lived in the same household all this time.
I understood that we can include his income in I-864. However, some lawyer said that it will slow down the process of getting his green card.

Is this is a case?

Thank you very much,

Golubika

Lucy

"golubika" <member13813@british_expats.com> wrote in message
news:[email protected] m...
    > Hello,
    > I am a US citizen. My husband is in the US on a H1B visa.
    > My income is not enough to cover 125% of the poverty guidelines (I
    > only work part time). My husband and I have been married almost
    > two years and lived in the same household all this time.
    > I understood that we can include his income in I-864. However,
    > some lawyer said that it will slow down the process of getting his
    > green card.

I don't think so. That's what my husband and I did when I was on H1B and it
didn't seem to hinder the process at all. Then again, the green card process
is a little slow anyway, so who can tell?

Lucy

golubika

Thank you Lucy.

How long did it take? Where did you apply from?

Lucy

"golubika" <member13813@british_expats.com> wrote in message
news:[email protected] m...
    > Thank you Lucy.
    > How long did it take? Where did you apply from?

It took about a year, I think, but I applied back in 1997. I went through
the Nebraska Service Center and Chicago District Office.

In my case, I only got a conditional green card, and removing the conditions
was what took a long time (2 1/2 years). Since you will have been married
more than two years when you get your green card, that won't come up for
you.

Lucy

golubika

Thank you Lucy,

We still have 4 month until our 2 year anniversary. Is it a good time to apply so we don't deal with conditional GC?


Thanks again

David Asser

Since you only have 4 months to go until you've been married for two years, it probably won't matter if you file now. The date that your husband will get his green card will be after you've been married for two years. He will be approved on the day of the interview.

It's not true that having his income count to meet the poverty guidelines will slow down the process. However, what usually slows down the process is insufficient documentation and sloppy evidence.

Good luck

David Asser
Attorney at Law
(602) 228 9773
www.asserlaw.com

golubika

David,

I really appreciate your response. I needed to hear it from a professional.

Do you recommend using an immigration lawyer to avoid "insufficient documentation and sloppy evidence"?

Thank you very much!

David Asser

What can I say? I am a lawyer and I do this for a living. Today's immigration procedures are very difficult and I know from experience that people can easily get in trouble when they do everything themselves. However, if you know what you're doing and use common sense, you may be able to do this without someone like me. You can always call me if you're not sure (check me out first on my website to see if I'm legit).

golubika

Your website looks great and has a lot of info.

I thank you very much for all your replies.

Rebellion34

I hope you dont mind my drawing on your expertise for a moment but i have a question that i am finding hard to get an answer for. I cannot meet the poverty level without my husbands income but he is the person i am sponsering it states that I can use my spouses income as part of the houshold income is this also true if my spouse is the sponsered party and is still residing in the UK. thanks for any help you can give on this.
Julie

golubika

Hi Julie,

It’s kind a similar to my question. I looked a lot on the web and remember that somewhere was mentioned, that you can include assets of your foreign sponsored husband if they can be converted readily convertible within 12 months. Follow this ling and take a look at the last Q and A down the page.
http://www.americanvisas.com/info864.htm


Hope this helps.

scrubbedexpat099

Income form Salary, which will not continue. Or Capital that might.