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Filed: IR-1/CR-1 Visa Country: Ireland
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my husband is usc born in the usa and my kids are usc through him. we are all living in ireland, we dont have any assetts or houses or savings and husband would like to work in usa but would nt earn enough to meet 125% affidavit of support. and no family in usa for co sponsor.

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Filed: Country: Vietnam (no flag)
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Without meeting the financial requirement, you will not get an immigration visa.

The I-130 would be approved to evidence you and him have a familial relationship that allows you to apply for an immigration visa. The DS-230 immigration visa will fail when your husband cannot provide an I-864 which meets the financial requirement.

Sorry.

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Filed: Country: Monaco
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my husband is usc born in the usa and my kids are usc through him. we are all living in ireland, we dont have any assetts or houses or savings and husband would like to work in usa but would nt earn enough to meet 125% affidavit of support. and no family in usa for co sponsor.

If you are speaking of moving your family to the US, in your situation, it would be wise if your husband headed to the US and got himself a job first so he could be your sponsor and you and could follow with the kids.

Assuming you have 3 kids, in order to sponsor you for immigration, your husband would need to make about $30k p.a. which is really not a lot of money for a family. See link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD

There is no way you will be given a visa to enter the US, or be allowed to AOS in the US, without meeting the sponsorship requirements.

Good luck!

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Filed: Country: Vietnam (no flag)
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Thanks for replys, husband will have to go to US to get work 3 years of tax returns? will have to use irish income!

He does not need 3 years of tax returns. He needs a US income that is 125% of the poverty line for a family of 5. He can file as soon as he warns that amount on an annual basis.

He can file US tax returns for the last few years with the $90k annual foreign income exclusion.

Unfortunately, his Irish income cannot be used for the I-864.

If you do not have a Joint Sponsor, the only way for you to immigrate to the US is for your husband to come first and get a job that meets that amount or find a US citizen friend who will be your Joint Sponsor.

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Filed: Citizen (apr) Country: Ecuador
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*** Thread moved from USCIS Service Centers forum to CR-1 Process forum, because of topic. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Well actually having just interviewed in the Dublin embassy this week I can tell you what the Consular Officer said to me!

She said regardless of the fact that my husband is back living and working in the states for the last 7 months and earning a good salary with all the paperwork to prove it, it won't do. Regardless of the fact that that he has all his last 3 years tax returns done and all are well above the property requirements this unfortunately will not meet their requirements.

If your husband has not been living and working in the states for the last 3 consecutive years you have only 2 options the lady told me.

1) show the appropriate amount in assets (sorry I don't know what that would be for you, for us I think it would have about $58,000)

2) get a joint sponsor

The lady told me that the most straightforward way was to get a joint sponsor - which we are getting sorted now.

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Filed: IR-1/CR-1 Visa Country: Ireland
Timeline

Well actually having just interviewed in the Dublin embassy this week I can tell you what the Consular Officer said to me!

She said regardless of the fact that my husband is back living and working in the states for the last 7 months and earning a good salary with all the paperwork to prove it, it won't do. Regardless of the fact that that he has all his last 3 years tax returns done and all are well above the property requirements this unfortunately will not meet their requirements.

If your husband has not been living and working in the states for the last 3 consecutive years you have only 2 options the lady told me.

1) show the appropriate amount in assets (sorry I don't know what that would be for you, for us I think it would have about $58,000)

2) get a joint sponsor

The lady told me that the most straightforward way was to get a joint sponsor - which we are getting sorted now.

Well that sucks :( if husband is working in us and earning well above the poverty line we have to look at yet another angle, maybe one of my usc kids can co sponsor when they start working in usa in a year or 2.

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