New to forums

[Jumeriah Jill 0]

Hi everyone, i have just joined VJ and need alot of help lol. I have no idea what visa to apply for.......

My husband (the usc) and i have been married for 10yrs and have 3 children together (all USC by birth). WE have decided to move to the USA. I have no idea what visa to apply for. My husband is currently employed overseas (Dubai) and thought he'd return to the USA before us, get a job house and set it up before we head there.

What visa should we apply for? I've been reading info on the boards and frankly, omg i'm a tad scared at this procesS!!.

Can anyone help what visa i should look at, so i can start working on what i have to do.

Thanks

Jumeraih

[Travis and Meghan 24]

okiedokie, i'm a K-1'er so someone else will be able to help you alot more than i can, lol, but because you are married you will need to apply for a CR-1 (spouse visa)

btw, try not to be scared about the process, it can be hard at times, but there is so many people here that will be able to help you along the way

[patient2010 93]

welcome to VJ and no need to be scared you will be fine

Edited August 17, 2011 by patient2010

[Mithmeoi 29]

Welcome to VJ! Don't be too worried about it. The Visa you are looking for is CR-1. Check out the Guides! They are extremely helpful. Good luck!

[Austramerican 83]

Welcome! You've definately come to the right place. I'm just starting and I've already learned so much here, don't be afraid to ask questions Good luck with the process (what everyone else is saying, the CR-1 is the one for you )

[Jumeriah Jill 0]

Thanks so much for the replies. I will look at the CR-1 It looks like we won't be heading over for at least 2yrs. The things worrying me are

The poverty line support stuff? What does that mean?

Also where did you guys get your immunisation records? I read that you need this?

We havn't filed our US taxes since he came here as we didn't realise we had too. Does this mean we have to file taxes?

I am glad i found this website, it looks so helpful

[Austramerican 83]

Thanks so much for the replies. I will look at the CR-1 It looks like we won't be heading over for at least 2yrs. The things worrying me are

The poverty line support stuff? What does that mean?

Also where did you guys get your immunisation records? I read that you need this?

We havn't filed our US taxes since he came here as we didn't realise we had too. Does this mean we have to file taxes?

I am glad i found this website, it looks so helpful

I can only answer your first question since I don't know the answers to the other ones But here goes!

He will need to show proof he can support himself, you and all your dependents, by either making enough in a year to exceed 125% of the poverty line for the # of people in your household, which is 5, so the poverty line is $26,170. He will need to make at least 125% of that number (I'm bad at math). He would need to make slightly more if you are planning to live in Alaska or Hawaii.

I don't think they need tax forms if his income exceeds 125% of the poverty level, but I'm also not entirely sure. If his income doesn't, he can get a co-sponser (someone he knows in the US, most of the time its family)whose income does, and that will work too. Other than that, assets like owned homes, stocks, bonds, stuff like that can also be used but I don't know much about the assets.

Hope that helps

[VanessaTony 3,567]

Just to correct everyone else, the ACTUAL visa you are applying for is the IR-1. It's the same process as the CR-1 but is for people married more than 2 years. It means "immediate relative" where CR-1 is "conditional resident" and requires ROC. You will get a 10 year greencard being IR-1, as opposed to 2 year GC if you were CR-1.

If your husband was in Australia still, or a permanent resident here, or a citizen or what not you can apply for DCF. this is "Direct consular processing" and takes a LOT less time. A few months as opposed to close to a year for the IR-1.

[VanessaTony 3,567]

Thanks so much for the replies. I will look at the CR-1 It looks like we won't be heading over for at least 2yrs. The things worrying me are

The poverty line support stuff? What does that mean?

Also where did you guys get your immunisation records? I read that you need this?

We havn't filed our US taxes since he came here as we didn't realise we had too. Does this mean we have to file taxes?

I am glad i found this website, it looks so helpful

Poverty line support: Your husband, or someone else who is willing to sponsor you (and your children if they aren't USC's), needs to make more than 125% of the poverty guidelines for their household size.

Immunisation records: My mum had my baby shot records (and so did the local council where I was born) BUT if you don't have them you can visit your local doctor and get a blood titre done. This will tell you what immunities your have.

Tax records: Yes. He has breached IRS laws by not filing taxes since being here. He will need to back-file his taxes for at LEAST the last three years. For IRS purposes he will need to back-file ALL his past returns. He may be looking at a hefty tax bill or fine. Having debt (credit cards or what not), or an IRS debt will NOT affect your process, but not filing taxes will.

Edited August 20, 2011 by Vanessa&Tony

[VanessaTony 3,567]

He will need to show proof he can support himself, you and all your dependents, by either making enough in a year to exceed 125% of the poverty line for the # of people in your household, which is 5, so the poverty line is $26,170. He will need to make at least 125% of that number (I'm bad at math). He would need to make slightly more if you are planning to live in Alaska or Hawaii.

Just regarding this, she's right, your HUSBAND has to meet this level but if he does not, and you need a co-sponsor, your co-sponsor need only meet the level for the immigrants... that means anyone in your family who is not a USC. As you said in your OP that all your children are USC's then your co-sponsor needs only to sponsor you (as you are the only immigrant) so it's whatever their household size is (husband/wife, kids and what not) plus you. If you had a single friend that would mean a 2 person household level which is $18,387 (or something like that) which is a lot more manageable.

Also in your OP you mention that you won't be moving over for around 2 years. If that's the case then you don't need to get started on any of this for at least another year. Bearing in mind once the visa is approved you have 6 months to use it.

Edited August 20, 2011 by Vanessa&Tony

[Jumeriah Jill 0]

Just regarding this, she's right, your HUSBAND has to meet this level but if he does not, and you need a co-sponsor, your co-sponsor need only meet the level for the immigrants... that means anyone in your family who is not a USC. As you said in your OP that all your children are USC's then your co-sponsor needs only to sponsor you (as you are the only immigrant) so it's whatever their household size is (husband/wife, kids and what not) plus you. If you had a single friend that would mean a 2 person household level which is $18,387 (or something like that) which is a lot more manageable.

Also in your OP you mention that you won't be moving over for around 2 years. If that's the case then you don't need to get started on any of this for at least another year. Bearing in mind once the visa is approved you have 6 months to use it.

Ok sorry i am so confused on this poverty stuff. Does it include my kids who are USC or no? and how much does he need to show to support us. I won't have a co-sponser as none of his family would help with this.

Am i calculating it right... 125% of $26,170 = $32,712. (so does he have to make $32,000 or above to meet the poverty guidlines)

We are hoping to save up some money in the next year or 2 to have some money behind us for when we move. Glad i found this webesite, i'll be able to learn so much and by the time i go for my visa, i should be right!! thats the aim lol

Edited August 20, 2011 by Jumeriah Jill

[Jumeriah Jill 0]

Sorry it wouldn't let me edit twice. Do i have to include the kids in the poverty guideline? or is it just me?

[VanessaTony 3,567]

Ok sorry i am so confused on this poverty stuff. Does it include my kids who are USC or no? and how much does he need to show to support us. I won't have a co-sponser as none of his family would help with this.

Am i calculating it right... 125% of $26,170 = $32,712. (so does he have to make $32,000 or above to meet the poverty guidlines)

We are hoping to save up some money in the next year or 2 to have some money behind us for when we move. Glad i found this webesite, i'll be able to learn so much and by the time i go for my visa, i should be right!! thats the aim lol

Don't stress about calculations, the data is found here: http://www.uscis.gov/files/form/i-864p.pdf you just need to know your household size.

Your kids are only included in the poverty line if it's your husband sponsoring you (he is always the primary sponsor but if he doesn't make enough money you'll have a co-sponsor). Each sponsor must meet the 125% of the poverty for their household size PLUS the immigrant.

So. Your household size is 5. That's your husband, your kids, and you (as the immigrant - you're thought of as the immigrant, not his wife.. if you look at the I-864, which is the form required for showing support, the household count will show you what I mean in that you're not allowed to count anyone twice so you're counted as the immigrant, and not the "spouse"). 125% of the poverty line for that is $32,712 (as you said but can also see on the form).

If your husband can't earn that much money (in the US, US money, US assets) you need a USC or US resident to be the co-sponsor. Then it's their household count that matters. Their spouse, their children, themselves AND you. JUST you as you are the only immigrant. Then you'll look at the form I posted above for their household size and see what they need to earn.

Here you can see how to calculate household size: http://www.uscis.gov/files/form/i-864instr.pdf bottom of page 2. For instance, back in Australia I was living with my parents before I came over. I was 25. My brother was also, and he was over 21. Though we live in the same house, we are NOT counted in her household size. She does not claim us on her taxes and we are over 18. Because we're family that sounds wrong but you have to look at it like we were just renters, which we more or less were. We paid board (for bills and food) but paid our own mobile bills, petrol and what not. Also, some people who don't have custody of their kids (under 18 y/o) think "they don't live with me so they don't count in the household count" but they do because they're dependants. Whether you claim them on taxes or not, they have kids under 18 so they count.

That's why it's important to read the household count guide, so you don't count someone you shouldn't, and so you don't miss someone you should.

Edited August 20, 2011 by Vanessa&Tony

[Jumeriah Jill 0]

Don't stress about calculations, the data is found here: http://www.uscis.gov/files/form/i-864p.pdf you just need to know your household size.

Your kids are only included in the poverty line if it's your husband sponsoring you (he is always the primary sponsor but if he doesn't make enough money you'll have a co-sponsor). Each sponsor must meet the 125% of the poverty for their household size PLUS the immigrant.

So. Your household size is 5. That's your husband, your kids, and you (as the immigrant - you're thought of as the immigrant, not his wife.. if you look at the I-864, which is the form required for showing support, the household count will show you what I mean in that you're not allowed to count anyone twice so you're counted as the immigrant, and not the "spouse"). 125% of the poverty line for that is $32,712 (as you said but can also see on the form).

If your husband can't earn that much money (in the US, US money, US assets) you need a USC or US resident to be the co-sponsor. Then it's their household count that matters. Their spouse, their children, themselves AND you. JUST you as you are the only immigrant. Then you'll look at the form I posted above for their household size and see what they need to earn.

Here you can see how to calculate household size: http://www.uscis.gov/files/form/i-864instr.pdf bottom of page 2. For instance, back in Australia I was living with my parents before I came over. I was 25. My brother was also, and he was over 21. Though we live in the same house, we are NOT counted in her household size. She does not claim us on her taxes and we are over 18. Because we're family that sounds wrong but you have to look at it like we were just renters, which we more or less were. We paid board (for bills and food) but paid our own mobile bills, petrol and what not. Also, some people who don't have custody of their kids (under 18 y/o) think "they don't live with me so they don't count in the household count" but they do because they're dependants. Whether you claim them on taxes or not, they have kids under 18 so they count.

That's why it's important to read the household count guide, so you don't count someone you shouldn't, and so you don't miss someone you should.

THanks Vanessa, the light bulbs gone off, i get it now!! Thanks for your help. I just want to be organised and know what i have to do by the time we apply for my visa.