I-864 with a twist

[combi 0]

Hi all,

here is a situation that after reading this forum, is kinda discouraged us, nevertheless we would like to find out what our options or advices thru this forum:

WE got married in Spore Jan 1. (Im Spore PR and wife is US Citizen)

She was a nurse, stopped working in Nov 08 (still has tax return for 2008) and moved to Spore and not working ever since (till now June 09)

So basically she canot filled up the I-864 by herself and because of recession her parents both are unemployed (same household) --> so no co-sponsors

her Bank account is probably 10k and parents roughly 20k -->for what its worth

what is/are our options facing with this situation?

fill up I-130 for now and filed/sent while she make her way back to USA and land a job (RN-hoping able to pick up jobs)?

or no choice but for her to move back first and land a job and then start filing?

OR

my letter of employment here does not matter?

appreciate any advice. thanks

[Bobby+Umit 161]

They don't take "hope I get a job" - they will accept firm (as in written letterhead) job offers to the sponsor.

You will need to either:

1. Get a firm job offer and hope the consulate will accept it.

2. Get another sponsor - any USC/LPR living in the USA can sponsor. (over 18 please!)

3. Move to the (USC) - get job - make over the poverty level (125%) and file.

[chinese_mutt 11]

can't they do a Direct Consular Filing? just wondering....

[Chica Yeyé 41]

can't they do a Direct Consular Filing? just wondering....

They can, but they still need to fulfill the income requirements.

The intending immigrant's income does not count at all, unless it would continue in the US.

[Anh map 2,098]

The assets / bank balances are evaluated at a 3:1 ratio. So the combined $30K will satisfy $10K worth of the requirement.

Bobby's advice and options are the way to go. Given that she is a nurse I would think that she will gain employment quickly upon returning. And her savings are more than enough to cover the fees for the visa process.

If you can have another person as a co-sponsor with sufficient income that would be the quickest/best solution for getting here together in the shortest amount of time.

Does the USC qualify as a legal resident of Singapore? If so, then the DCF (Direct Consular Filing) would be the best route. If not a legal resident then the CR1 visa would be the choice.

[trailmix 77]

The assets / bank balances are evaluated at a 3:1 ratio. So the combined $30K will satisfy $10K worth of the requirement.

Yes, assuming the parents would give them the 20 thousand - if the person isn't your spouse the ratio is 5 to 1.

[imaisha 0]

The assets / bank balances are evaluated at a 3:1 ratio. So the combined $30K will satisfy $10K worth of the requirement.

Because the U.S. citizen spouse does not live with her parents they would have to fill out another I-864 rather than an I-864A. That means their incomes and assets would not be combined. They joint sponsor would have to be able to meet the requirements using only their own income/assets.

I'm also not sure if the assets of a joint sponsor are counted as 1/3 the value or 1/5 the value since it's not their spouse who is being sponsored.

[combi 0]

much appreciated.

how do you tell who is inside the household? she has 2 siblings, one of which is still dependent to her parents.

another one is going to be working soon. Question is, looking at poverty guidelines, the household consist of 7? or in our situation

which number inside the household should we be looking at? should that one sibling agree to be the co-sponsor.

would DCF work if she does not have job here in SPore?

[combi 0]

much appreciated.

how do you tell who is inside the household? she has 2 siblings, one of which is still dependent to her parents.

another one is going to be working soon. Question is, looking at poverty guidelines, the household consist of 7? or in our situation

which number inside the household should we be looking at? should that one sibling agree to be the co-sponsor.

would DCF work if she does not have job here in SPore?

Sorry, want to add a question:

at which point woud a working permit be granted to me as her Spouse? after I-130 been approved?

or?

thansk in advance

[lilies 0]

much appreciated.

how do you tell who is inside the household? she has 2 siblings, one of which is still dependent to her parents.

another one is going to be working soon. Question is, looking at poverty guidelines, the household consist of 7? or in our situation

which number inside the household should we be looking at? should that one sibling agree to be the co-sponsor.

would DCF work if she does not have job here in SPore?

From I-864 Instruction :

How Do I Count Household Size?

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).

You can also use this guide to count your Parents in law household size. For more information you can download I-864 form and read the instructions.

About DCF, from what I read on US embassy website, you can only do DCF if:

U.S. citizen petitioners have been resident in the country (Singapore) continuously for the past six months and have had permission to do so are eligible to file an I-130 petition for an immediate relative at the U.S. Embassy in the country (Singapore).

So, your wife have to have a Singapore PR and stay there continuously for the past 6 months to make you able to do DCF . Of course you still need a joint sponsor if your wife doesn't work.

For your question about working permit:

Once you have received your immigrant visa, you must enter the US within 6 months of visa issuance to obtain an alien registration receipt or “green card” (Form I-151 or I-551) that will allow you to live and work in the US .

At the port of entry, DHS officials will take the immigrant visa and assign you an alien number. They will stamp your passport with this number and make a note that you are registered for an alien registration card. It normally takes between 2 weeks and 3 months for Dept of Homeland Security to process and send the alien registration card to you.

Hope that helps and good luck!

Edited June 24, 2009 by lilies

[combi 0]

much appreciated.

how do you tell who is inside the household? she has 2 siblings, one of which is still dependent to her parents.

another one is going to be working soon. Question is, looking at poverty guidelines, the household consist of 7? or in our situation

which number inside the household should we be looking at? should that one sibling agree to be the co-sponsor.

would DCF work if she does not have job here in SPore?

From I-864 Instruction :

How Do I Count Household Size?

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).

You can also use this guide to count your Parents in law household size. For more information you can download I-864 form and read the instructions.

About DCF, from what I read on US embassy website, you can only do DCF if:

U.S. citizen petitioners have been resident in the country (Singapore) continuously for the past six months and have had permission to do so are eligible to file an I-130 petition for an immediate relative at the U.S. Embassy in the country (Singapore).

So, your wife have to have a Singapore PR and stay there continuously for the past 6 months to make you able to do DCF . Of course you still need a joint sponsor if your wife doesn't work.

For your question about working permit:

Once you have received your immigrant visa, you must enter the US within 6 months of visa issuance to obtain an alien registration receipt or “green card” (Form I-151 or I-551) that will allow you to live and work in the US .

At the port of entry, DHS officials will take the immigrant visa and assign you an alien number. They will stamp your passport with this number and make a note that you are registered for an alien registration card. It normally takes between 2 weeks and 3 months for Dept of Homeland Security to process and send the alien registration card to you.

Hope that helps and good luck!

thanks lilies

[lilies 0]

much appreciated.

how do you tell who is inside the household? she has 2 siblings, one of which is still dependent to her parents.

another one is going to be working soon. Question is, looking at poverty guidelines, the household consist of 7? or in our situation

which number inside the household should we be looking at? should that one sibling agree to be the co-sponsor.

would DCF work if she does not have job here in SPore?

From I-864 Instruction :

How Do I Count Household Size?

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).

You can also use this guide to count your Parents in law household size. For more information you can download I-864 form and read the instructions.

About DCF, from what I read on US embassy website, you can only do DCF if:

U.S. citizen petitioners have been resident in the country (Singapore) continuously for the past six months and have had permission to do so are eligible to file an I-130 petition for an immediate relative at the U.S. Embassy in the country (Singapore).

So, your wife have to have a Singapore PR and stay there continuously for the past 6 months to make you able to do DCF . Of course you still need a joint sponsor if your wife doesn't work.

For your question about working permit:

Once you have received your immigrant visa, you must enter the US within 6 months of visa issuance to obtain an alien registration receipt or “green card” (Form I-151 or I-551) that will allow you to live and work in the US .

At the port of entry, DHS officials will take the immigrant visa and assign you an alien number. They will stamp your passport with this number and make a note that you are registered for an alien registration card. It normally takes between 2 weeks and 3 months for Dept of Homeland Security to process and send the alien registration card to you.

Hope that helps and good luck!

thanks lilies

You're welcome and good luck on your visa process