question on affidavit of support

[sid1234 0]

Hi everyone,

I am a US citizen, I got married in India last year, I filed an I-130, then I accepted a job in Europe and moved there with my wife. Then my I-130 got approved and my case got forwarded to NVC. My plan is to live in Europe for another 2 years. But I would like to get a greencard now. My question is about the affidavit of support. I don't have a salary in the US right now and although I intend to return in a couple of years to the US, right now I don't have a firm job offer from the US showing a salary. AS far as assets go, I have about half the money in my US bank account which is required. Can I do the following... can my Dad wire the rest of the money to my bank account so that I have enough assets? Now will the NVC be suspicious of this? I mean, it's like a gift from my Dad. But is there any rule that the money has to be in my account for X months before the application or something like that?

A side question: I have read in other topics that while the I-130 is being processed, the applicant probably cannot get a tourist visa approved to the US. But once the I-130 has been approved, but the rest of the process is still going on, can the applicant get a tourist visa?

[Darnell 8,478]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

[Amy and Nick 37]

Im confused. Youre applying for a green card for you immigrant wife right? If you are planning on her residing in Europe with you for 2 years, that wont be able to happen...

With regards to the AOS, you could get your dad to co-sponser rather than just wire you money?

And finally, the tourist visa. As far as ive seen its pretty tough to get one at ANY stage in the process as she clearly has immigrant intent. Is she from a Visa Waiver country?

[sid1234 0]

Im confused. Youre applying for a green card for you immigrant wife right? If you are planning on her residing in Europe with you for 2 years, that wont be able to happen...

With regards to the AOS, you could get your dad to co-sponser rather than just wire you money?

And finally, the tourist visa. As far as ive seen its pretty tough to get one at ANY stage in the process as she clearly has immigrant intent. Is she from a Visa Waiver country?

Even though I am living outside the US right now, I believe that I can still continue the application. Because according to I-864, it is enough to prove the following:

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

[Samoray 165]

Even though I am living outside the US right now, I believe that I can still continue the application. Because according to I-864, it is enough to prove the following:

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

Hello, for you to get your wife a green card, you both will need to enter the united states within 6 months of the Visa issuance or otherwise it will be cancelled

[sid1234 0]

Hello, for you to get your wife a green card, you both will need to enter the united states within 6 months of the Visa issuance or otherwise it will be cancelled

Hi. Yes we plan to enter US within 6 months, but not to settle there until I finish my job here. In fact that is why I want to get the greencard for my wife now, rather than when I am actually moving to the US. Because I have family in the US whom I would like to visit frequently and not all of them have met my wife yet.

[caly 48]

Hi. Yes we plan to enter US within 6 months, but not to settle there until I finish my job here. In fact that is why I want to get the greencard for my wife now, rather than when I am actually moving to the US. Because I have family in the US whom I would like to visit frequently and not all of them have met my wife yet.

I believe what Amy and Nick was trying to say is that there are some things the new immigrant (your wife) has to do to maintain her permanent residence status once she gets the green card. One of which is that she should ideally not leave the US for extended periods of time as her intent to live in the US would then be questionable. Her green card could be in jeopardy should you choose to ignore this.

That being said, according to the guide for new immigrants posted on the USCIS website (page 10 of the guide or page 20 of the entire pdf file), there is a re-entry permit that she can apply for before leaving the US if she will be out of the country for more than 12 months. But then the page also says

Many immigrants believe they can live abroad as long as they return to the U.S. at least once a year. This is incorrect.

Not sure what you should do if she is not able to be in the US for the majority of the time, but will be out of the country for less than 12 months. I'm also not sure what the requirements are for such a permit, but you can research it and see if it will work for your intents and purposes.

Edited March 17, 2011 by caly