Direct Consular Filing-Immigrant SPOUSE VISA

[babypatz 1]

My husband is US citizen,retired,54,..he moved to Philippines 2 years ago and we were married here right away.Now,we wish to move back to US using -DCF immigrant spouse visa.My husband retired early in 2004 and has'nt worked here at all.

Our goal is to go back together,not be separated.

The questions we have would be:

1.He has no tax return for the last 3 years,because he didn't need to file.

2.He has no retirement income but he has enough savings to meet the 125% poverty level guidelines for alot more than the required 3 years.A lawyer we talked with, that would be acceptable..any different opinions?

3.What is the easyiest way to establish domicile without returning to US?

4.Does my husband need police clearance here,he has lived here for 2 years?A lawyer we talked with,says he does'nt.Any other opinions?

5.Approx. time?,... from filing I-130 to getting approved visa.

Thanks for your input, Aubriella

[Penguin_ie 5,993]

1. No problem, my husband was unemployed while in Ireland and did not file tax returns. He simply wrote a short statement that this was so, signed it, and it was accepted in lie of tax records.

2. We also did our DCF on assets; as long as he can shopw they are easily liquidated if neccessary, that should be no problem. Surely he has some sort of pension though? That would make things even easier for you.

3. Does your husband have any ties back home, such as a US bank account, valid driving license etc? That should be enough. He can also establish a US mailing address by having a bill or some papers sent to a friend or family member's house.

4. No, only you as the beneficiary will need police clearance.

5. Each consulate is very different; as you can see from my tiemline below, it did not take me long, but it can take up to 6 months. Try to find some Philipines DCF timelines on this site for more info on this.

[kaffy 2]

2. I believe if you want to use assets to qualify for the I-864 you require 3 x the 125% minimum poverty level guidelines. So for a family of two that would be 3 x 14,570 = $43,710 minimum

[trailmix 77]

2. I believe if you want to use assets to qualify for the I-864 you require 3 x the 125% minimum poverty level guidelines. So for a family of two that would be 3 x 14,570 = $43,710 minimum

That is correct - that you need 3 x's the 125% when sponsoring a spouse using assets - however that amount is 3 x $18,212 or $54,636 total.

2009 Poverty Guidelines

[Dakine 26]

I recently helped an American who had lived in Cotobato for 12 years do a DCF for his wife.

He had to write a letter explaining why he didn't file taxes.

He went to the US and established domicile.

Opened a bank account and got a residence and telephone.

The interview was a piece of cake as the USEM wants all Americans out of central Mindanao do to MILF activities.

Whole process took about 5 months.

Edited June 27, 2009 by Haole

[kaffy 2]

2. I believe if you want to use assets to qualify for the I-864 you require 3 x the 125% minimum poverty level guidelines. So for a family of two that would be 3 x 14,570 = $43,710 minimum

That is correct - that you need 3 x's the 125% when sponsoring a spouse using assets - however that amount is 3 x $18,212 or $54,636 total.

2009 Poverty Guidelines

oops my bad, you are correct

[Der Bücherwurm 1]

2. I believe if you want to use assets to qualify for the I-864 you require 3 x the 125% minimum poverty level guidelines. So for a family of two that would be 3 x 14,570 = $43,710 minimum

That is correct - that you need 3 x's the 125% when sponsoring a spouse using assets - however that amount is 3 x $18,212 or $54,636 total.

2009 Poverty Guidelines

What do you do when you are using the assets of a co-sponsor? I've been living abroad for 5 yrs so when I return with my immigrant husband we will be staying with my parents in the home which they own until we both find jobs. However, my parents are both retired. Can we use them and their assets to meet the poverty guidelines? And would we have to say our household size is 4 instead of 2? Or will I have to find someone that is still working to be a co-sponsor?

[babypatz 1]

Thank you so much for giving us hope.

We had read that the cash assets could only count as one fifth(1/5) of the 125% poverty level for 3 years, but now that we have read that several people used assets not income.We're very happy to find this out.

The most important thing is to leave the philippines at the same time.

What kind of documentation is needed to show residence in US? is an actual lease contract needed? or just the address ok? if you show some of your mail sent there?

Thanks again,

aubriella

[trailmix 77]

2. I believe if you want to use assets to qualify for the I-864 you require 3 x the 125% minimum poverty level guidelines. So for a family of two that would be 3 x 14,570 = $43,710 minimum

That is correct - that you need 3 x's the 125% when sponsoring a spouse using assets - however that amount is 3 x $18,212 or $54,636 total.

2009 Poverty Guidelines

What do you do when you are using the assets of a co-sponsor? I've been living abroad for 5 yrs so when I return with my immigrant husband we will be staying with my parents in the home which they own until we both find jobs. However, my parents are both retired. Can we use them and their assets to meet the poverty guidelines? And would we have to say our household size is 4 instead of 2? Or will I have to find someone that is still working to be a co-sponsor?

Co-sponsor is basically the same deal - except - it must be 5 times the poverty guidelines - the 3 times amount only applies to a spouse sponsoring a spouse.

I'll let someone else answer your other questions.

Babypatz - you might want to have a look at this thread, regarding establishing domicile: http://www.visajourney.com/forums/index.ph...164618&st=0

[babypatz 1]

Hi Guys,

Thanks, i appreciate your help..

aubriella

[meauxna 15]

What do you do when you are using the assets of a co-sponsor? I've been living abroad for 5 yrs so when I return with my immigrant husband we will be staying with my parents in the home which they own until we both find jobs. However, my parents are both retired. Can we use them and their assets to meet the poverty guidelines? And would we have to say our household size is 4 instead of 2? Or will I have to find someone that is still working to be a co-sponsor?

Joint Sponsor, not 'cosponsor'. (it will be easier for you to find the answers off that term)

You may find it cleaner and less complicated to do an I-864 for yourself (plus your spouse/immigrant) and have one parent do another I-864 with his/her spouse as the Household Member.

They do not need to have employment income; they can use assets (I've noticed that some Consulates are getting pickier about real estate valuations, btw).

Employment is not a requirement for Sponsors or Joint Sponsors.

[Der Bücherwurm 1]

Thanks meauxna!

[babypatz 1]

1. No problem, my husband was unemployed while in Ireland and did not file tax returns. He simply wrote a short statement that this was so, signed it, and it was accepted in lie of tax records.

2. We also did our DCF on assets; as long as he can shopw they are easily liquidated if neccessary, that should be no problem. Surely he has some sort of pension though? That would make things even easier for you.

3. Does your husband have any ties back home, such as a US bank account, valid driving license etc? That should be enough. He can also establish a US mailing address by having a bill or some papers sent to a friend or family member's house.

4. No, only you as the beneficiary will need police clearance.

5. Each consulate is very different; as you can see from my tiemline below, it did not take me long, but it can take up to 6 months. Try to find some Philipines DCF timelines on this site for more info on this.

Hi Penguin,thanks for your good info.

After filing I-130 and approve, then next step is to file IR-immigrant visa, which includes affidavit of support.The embassy clerk told us that my US husband should be living in US and send an AOS to me.(I-864).In your case,did the american spouse have to be in US to do this things?If we can prove residence waiting in US.?

Thanks,

Aubriella

[Penguin_ie 5,993]

Hi Penguin,thanks for your good info.

After filing I-130 and approve, then next step is to file IR-immigrant visa, which includes affidavit of support.The embassy clerk told us that my US husband should be living in US and send an AOS to me.(I-864).In your case,did the american spouse have to be in US to do this things?If we can prove residence waiting in US.?

I had 5 months old twins at the time I went through the visa process, there was no way I would let my husband escape the chaos!

My husband stayed with me, and in fact we only moved to the US 3 months after I received the visa, together. We were never told or saw anything in writing about the USC having to be in the USA, and I am pretty sure I mentioned at the interview that my husband stayed home to look after the twins and that was why he wasn't at the embassy. We had plenty of proof that the USC was re-establishing domicile in the USA though, including us having bought a house in Arkansas to live in when we moved, and a US bank account where we transfered our savings into prior to the interview (those two things were the assets we used btw), and a US mailing address at his sister's house.

[babypatz 1]

Hi Penguin,thanks for your good info.

After filing I-130 and approve, then next step is to file IR-immigrant visa, which includes affidavit of support.The embassy clerk told us that my US husband should be living in US and send an AOS to me.(I-864).In your case,did the american spouse have to be in US to do this things?If we can prove residence waiting in US.?

I had 5 months old twins at the time I went through the visa process, there was no way I would let my husband escape the chaos!

My husband stayed with me, and in fact we only moved to the US 3 months after I received the visa, together. We were never told or saw anything in writing about the USC having to be in the USA, and I am pretty sure I mentioned at the interview that my husband stayed home to look after the twins and that was why he wasn't at the embassy. We had plenty of proof that the USC was re-establishing domicile in the USA though, including us having bought a house in Arkansas to live in when we moved, and a US bank account where we transfered our savings into prior to the interview (those two things were the assets we used btw), and a US mailing address at his sister's house.

Thank you very much.Will appreciate your help.I hope you're enjoying your life in US now..