Can my foreign wife get a U.S. visa with me having no job & no joint sponsor if I have $82,000. in bank account

[KayDeeCee 4,893]

Lots of speculative wrong answers here but this one is the correct on. If it's only a two-person household and you are "employable" you'll probably be OK, but it's still a judgement call by the Consular Officer. They are trained to consider the totality of the circumstances, so factors you haven't mentioned, like how long you haven't worked, whether you CAN and will work, the employ-ability and plans of your foreign spouse etc. will all be considered.

This is true. They will look at the totality of the case, but the minimum of $60k is what they would need in assets for a household of 2. They have $82k. Whether or not the CO thinks that is enough for the foreign spouse not become a public charge is unknown. The safest route would be to have a solid joint sponsor, especially if Manila is in fact reluctant to approve based on assets alone.

[Peace.... 281]

PUSHBRK gave me the same advice about using assets as he has given here, and I'm glad I listened to him.

My fiancé went through a tough consulate in Casablanca, Morocco. I didn't work and used all cash assets and he was approved that day. No co sponsors were needed and I had to prove for a family of three not two.

Edited March 30, 2014 by foreverwaiting

[Ketsuban 1,034]

You need a joint sponsor. Cash is counted as an asset, but at a pretty low rate. And I doubt it they will count the asset only, without regular income. You'll run out of cash in 2-3 years and then what? You sponsor your spouse for 5 years minimum (if she gets her citizenship in 5 years).

Spouse of USC can apply for citizenship after 3 years of permanent residence married to the same petitioner.

Edited March 30, 2014 by Ketsuban

[G. Simoun 3]

You'll get at RFE for sure. Best to get a joint sponsor who has a stable gig and a good salary.

I don't meet the income required for the Affidavit of support to bring my Filipina wife to the U.S., I have no job and my wife has no joint sponsor but could my wife still get a U.S. visa with me having $82,000. in my bank account? I was going to buy house but maybe I could use my savings to get her here. Thanks for any help.

[seth2013 39]

We didn't go the CR-1 route, but through AOS my husband received his green card based only on my assets (I was between jobs). The interview was kind of rough, but we were still approved that day. We didn't have a joint sponsor.

Check the consulate website for any additional qualifications needed, but if 82,000 is above the current poverty guidlines (I didn't check, but other people here are saying it is) then I would go ahead and apply.

[Dave&Roza 748]

As I see it, the OP is applying for the IR-1/CR-1 visa so the AOS will be adjudicated here in the US and not in Manila where they are notorious for not accepting joint sponsors for the K-1 visa. The rules are that the sponsor must meet 125% of the poverty guidelines and can do that with income or with income and/or assets to make up the shortfall. All assets requires the sponsor to have $60K in assets that are readily convertible into cash within a year and does not place an undue hardship if the asset is sold. Plus the asset has to be properly appraised and documented. What better asset than cash? Having cash in the bank meets all the requirements for its use as an asset. For sponsoring a spouse only the requirement is 3X the poverty level or about $60K. The OP has $82K in the bank. Therefore he meets the USCIS requirements. IMHO, he is in a better position than some one who has a job and making $20,000 per year especially if the OP can show that the cash has been in his account for a couple of years.

I would try using the cash and see what happens. You can put feelers out to see if anybody might be willing to step-up and help you out if need be, but based on the I-864 form you qualify with just the cash.

Good luck,

Dave

[Merrytooth 5,748]

As I see it, the OP is applying for the IR-1/CR-1 visa so the AOS will be adjudicated here in the US and not in Manila where they are notorious for not accepting joint sponsors for the K-1 visa. The rules are that the sponsor must meet 125% of the poverty guidelines and can do that with income or with income and/or assets to make up the shortfall. All assets requires the sponsor to have $60K in assets that are readily convertible into cash within a year and does not place an undue hardship if the asset is sold. Plus the asset has to be properly appraised and documented. What better asset than cash? Having cash in the bank meets all the requirements for its use as an asset. For sponsoring a spouse only the requirement is 3X the poverty level or about $60K. The OP has $82K in the bank. Therefore he meets the USCIS requirements. IMHO, he is in a better position than some one who has a job and making $20,000 per year especially if the OP can show that the cash has been in his account for a couple of years.

I would try using the cash and see what happens. You can put feelers out to see if anybody might be willing to step-up and help you out if need be, but based on the I-864 form you qualify with just the cash.

Good luck,

Dave

I-130 is adjudicated in US but the the IR-1/CR-1 visa still has to go through the US consulate in Manila, where the CO will determine if the Affidavit of Support is adequate or not.

[pushbrk 12,569]

I-130 is adjudicated in US but the the IR-1/CR-1 visa still has to go through the US consulate in Manila, where the CO will determine if the Affidavit of Support is adequate or not.

Correct. A Consular officer in Manila will make the decision as to whether the I-864 is adequate. However, it is quite possible, depending on the circumstances to qualify based on assets alone. It's a judgement call. Anybody who is SURE it will result in an "RFE" are blowing speculative smoke.

Let me explain with an example. Let's say you came to the USA.... AND obtained US Citizenship all after you retired in, say Germany. You have no job, no Social Security and no pension but you have (let's say) half a million in liquid investments, and you live on the interest and some of the principal each year. Will a Consular officer require a joint sponsor, when you want to bring your Filipina wife to the USA? Of course not.

So, where do they draw the line? For certain, if you have less than three times the income requirement, you're definitely going to need a joint sponsor, but ANYTHING between the minimum and infinity is a judgment call. The OP is 30% over the minimum. Depending on the rest of the circumstances, there's a good chance of success, IMO.

[Dave&Roza 748]

I-130 is adjudicated in US but the the IR-1/CR-1 visa still has to go through the US consulate in Manila, where the CO will determine if the Affidavit of Support is adequate or not.

Then why do so many people recommend that if the K-1 visa is denied in the PI they apply for a spousal visa especially if the USC is very close to the poverty guidelines and needs a co-sponsor? It has been suggested that the PI is reluctant to accept a co-sponsor for the K-1. Do they just accept a co-sponsor for the spousal visa or is it because the NVC has blessed the application and they feel they can point the finger to NVC and just approve the spousal visa? Just trying to understand the situation of the OP's Embassy in Manila.

Dave

[pushbrk 12,569]

Then why do so many people recommend that if the K-1 visa is denied in the PI they apply for a spousal visa especially if the USC is very close to the poverty guidelines and needs a co-sponsor? It has been suggested that the PI is reluctant to accept a co-sponsor for the K-1. Do they just accept a co-sponsor for the spousal visa or is it because the NVC has blessed the application and they feel they can point the finger to NVC and just approve the spousal visa? Just trying to understand the situation of the OP's Embassy in Manila.

Dave

All Consulates are REQUIRED to accept a "joint sponsor" for an immigrant visa case. No consulate is required to accept any sponsor in addition to or instead of the petitioner in a K1/fiancee/non-immigrant visa case. NVC blesses nothing in this regard. It's simply the law.

[Dave&Roza 748]

All Consulates are REQUIRED to accept a "joint sponsor" for an immigrant visa case. No consulate is required to accept any sponsor in addition to or instead of the petitioner in a K1/fiancee/non-immigrant visa case. NVC blesses nothing in this regard. It's simply the law.

Thanks for the information, I appreciate it.

Dave