Bringing my husband to US

[Neethu Alan 0]

I got married in India in July 2006 when I was visiting. At that time I was a permanent resident. I recently got my citizenship. I am planning to go to India after my finals. Lot of my friends told me that if I stay in India for 90 days and file for his visa in New Delhi, I can get him here quicker.

I am a student and I work part-time. He is also a recent graduate and not working in India. I have so many questions and I would appreciate you so much if you could answer any of these?

1. My husband resides in Kerala (Alan Paul). Is it alright if I file in Delhi? I've heard from many people who filed for their spouses that Delhi embassy calls for interview faster than the others.

2. Do I have to stay in India for three months before I file? Or is that applicable to newly-married citizens only? Since I am a student I have to be back here for my classes next semester.and it's been almost 2 years since we got married. I was waiting to receive my citizenship before I file for my husband. Again, I heard from the same people that changing the status once I file is tedious. And can also please tell me why is there such a requirement?

3. This one is about tax papers. I heard that I need to submit tax papers of the past three years. I filed for this year only as 2007 is the only year I worked enough to file taxes. Shall I file and produce tax papers of 2005 and 2006 anyway? I have the W-2s from those years(2004,2005, not 2006 as I didn't work that year). Do I need some paper to show that I didn't work that year?

4. I am not sure if my affidavit form is enough for the reasons mentioned in the last question and the fact that I am still a student. Can my uncle(s) give the affidavit support papers along with mine? Or just theirs?

5. Do I need a bank statement form as well? Or shall I bring my uncle(s)' as well.

6. Are any papers from my college required?

7. I work part-time as a cashier in a pharmacy. That information is in my tax papers. Hope that is enough.

8. What other papers do I need to produce?

Thank you so much in advance.

[YuAndDan 153]

Actually it is 6 months as a resident of the counselor district, NOT 90 days in order to file I-130 directly to the consulate in the foreign country.

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

1) You file it at the consulate javing jurisdiction over your residence in India, they will send it on to one of the 2 consulates that handle immigrant visas.

2) 6 months.

3) Only past year's IRS return needed for I-864, Past 3 if you feel that the additional years will help your case.

4) Yes You can use your uncle as a Joint Sponsor.

5) Bank statement only needed if you need to use the bank balance as an asset to make up for a shortfall of income.

6) NO

7) A Letter from employer will help.

8) Marriage Cert, evidence of bona fide relationship. http://www.visajourney.com/forums/index.ph...page=i130guide1

Edited April 7, 2008 by YuAndDan

[CarolynRitesh 0]

I got married in India in July 2006 when I was visiting. At that time I was a permanent resident. I recently got my citizenship. I am planning to go to India after my finals. Lot of my friends told me that if I stay in India for 90 days and file for his visa in New Delhi, I can get him here quicker.

I am a student and I work part-time. He is also a recent graduate and not working in India. I have so many questions and I would appreciate you so much if you could answer any of these?

1. My husband resides in Kerala (Alan Paul). Is it alright if I file in Delhi? I've heard from many people who filed for their spouses that Delhi embassy calls for interview faster than the others.

You would need to file the I-130 petition in Delhi, but Chennai would be your consulate office (for the actual visa interview) for Kerala, and Chennai is FAST!

2. Do I have to stay in India for three months before I file? Or is that applicable to newly-married citizens only? Since I am a student I have to be back here for my classes next semester.and it's been almost 2 years since we got married. I was waiting to receive my citizenship before I file for my husband. Again, I heard from the same people that changing the status once I file is tedious. And can also please tell me why is there such a requirement?

Yes, you have to show that you have been a resident for 6 months BEFORE you file the I-130 - that applies to everyone, no matter how long you have been married. If you have been married for 2 years before you file, you will be applying for an IR1 visa, rather than a CR1. DCF is the FASTEST way to get a spouse to the US as far as processing through USCIS, etc., but it does require time in India - so it might even out in some ways... The good thing is, you can file your I-130 in Delhi after you have completed your residency requirements, and then return to the US to establish domicile, get a job, etc.

3. This one is about tax papers. I heard that I need to submit tax papers of the past three years. I filed for this year only as 2007 is the only year I worked enough to file taxes. Shall I file and produce tax papers of 2005 and 2006 anyway? I have the W-2s from those years(2004,2005, not 2006 as I didn't work that year). Do I need some paper to show that I didn't work that year?

You will have to provide the most recent year's tax returns (1040 and all related documents). Tax advice I am no expert on, but if you made over a certain threshold each year, you are required to file. (Check the IRS website for the exact amount, it changes each year!) If you were not required to file for any of those years, you simply need to write a statement stating that you did not earn enough money to require you to file for each year.

4. I am not sure if my affidavit form is enough for the reasons mentioned in the last question and the fact that I am still a student. Can my uncle(s) give the affidavit support papers along with mine? Or just theirs?

Your own statement that you did not earn enough should be fine.

5. Do I need a bank statement form as well? Or shall I bring my uncle(s)' as well.

If you want to prove that you have enough assets to support your husband in your I-864 form, you would need to supply a year's worth of bank statements.

6. Are any papers from my college required?

Hmmm... only if you are employed at your college!

7. I work part-time as a cashier in a pharmacy. That information is in my tax papers. Hope that is enough.

Not sure what you are referring to here, if you mean to meet the requirements of the I-864 Affidavit of Support form, probably not. Unless you have a job that pays approximately $17, 250 dollars (please check the I-864 form and Poverty Guidelines for 2008), you would need to have about $52, 500 in assets to sponsor your husband by yourself. If not that, you will need a co-sponsor for your husband who makes enough money to support his/her entire household plus your husband. (Government documents are fun, aren't they?)

8. What other papers do I need to produce?

I would look through the DCF Forum and the South Asia forum for more I-130 and India-specific information. PM me if you want any advice as we just finished this process!

Thank you so much in advance.

[Neethu Alan 0]

Thank you so much for your reply!!

I am a bit disheartened by the 6 month requirement. From a document from US immigration office, N.Delhi I read the requirement was 90 days. Is 6 months a new requirement?