Some Basic Questions - Primarily Finance Related

[omgponies! 0]

It appears that we cannot go the K1 route due to BKK embassy disallowing cosponsors. Therefore, if we do this, we will need to marry and use the CR1/DCF route.

I should mention first, we have every intention of remaining together, the sticking point is do we risk her B1/2 visa and go for the relo to states OR do we just make annual trips back. If we do the CR1 - her visa is dead.

Anyway -

I am not employed, nor have any w2s to speak of for many a year. Can I print use my financial statements or would I be better off back filing and filing forward? How many years?

I will obviously need a cosponsor and my parents will do this for us. If both file jointly, do they both sponsor? What if my father passes within the five years?

It's very hard to estimate my net worth, but lets say at the moment if I were to liquidate all my finances within one year, I would have approximately 85k in cash/401k and another 20k (USD) in cash from a 'collection' I have. So that is 100k. By the time we do this, it might very well be 85k - but depending on markets might not.

Obviously we want to avoid problems; because my parents will gladly sponsor and I will not have a job - I will use them as sponsors. I have heard that w/o a job a sponsor is really a must. Incidently, my parents can more than cover the 4 pax household @ 125% poverty.

Using my parents as co-sponsors (3x or 5x??) - does this make the household four (mom, dad, self, wifey)? OR is it just two?

When is 3x used and when is 5x used? 100% or 125%

Due to so many variables listed - I will let someone else lay out my formula if they would be so kind, I am only guessing at this juncture

At any time can my wife's assets 9cash) be used in the formula? She should have about 12.5k when all this goes down.

What are things we can do a year prior to being married to make the whole thing move more quickly and efficiently (eg: medical, start vaccines, gather what paperwork [fresh birth certificate, house registration, notarized docs] )

What is the best evidences of us being "together" over the past years: Lease, my visas (only tourist), our flight itineraries, photos. Thing is we live together so not much email or fb going to and fro between us. Any help here would be great.

I doubt any of the follow would hinder her chances but how might it help by the time of her interview:

Minimum two if not three trips to USA

30 to 45 days spent in the house of my parents

College degree

Good job, not well paid but solid, honest work

Decent savings despite penchant for travel

Record of her coming/going from states, Korea, Singapore

US: together 3 years prior to marriage, 3.5 years prior to filing

Living together 3 years prior to filing

Limited email when we met (we started to travel together within weeks of meeting)

Limited email when I was back in US alone (calling on voip is really cheap)

Many intl trips togther (US and Asia), we have flight itineraries

Limited fb contact - I mean, we live together

We spent lots of time together tripping around BKK, country and region

Have loads (hundreds) of very nice photos posted on fb from many, many different trips

Thanks

[Ryan H 3,812]

the sticking point is do we risk her B1/2 visa and go for the relo to states

Are you suggestion obtaining a tourist visa and then file to adjust status? If so, then that's a nonstarter because that's visa fraud.

I will obviously need a cosponsor and my parents will do this for us. If both file jointly, do they both sponsor?

You will fill out an I-864. Your joint sponsor (one of your parents) will complete and I-864, the other parent will fill out the I-864A since your parents combined income is what you will use to meet the financial requirement.

my visas (only tourist),

You mentioned that you may go the DCF route when you file your petition. Have you been living in Thailand on tourist visa extensions? Tourist visa extensions do not count for the 6+ month requirement for residing in the country in order to be eligible for DCF; you must be residing on a long term stay visa or residence permit. If you are not able to obtain what I just mentioned in order to be eligible for DCF, then you will have to send your petition to the lockbox in Chicago when the time for you to file comes.

[omgponies! 0]

No, no...

She already has a B1/2 and no we have zero intention of trying to emigrate her on it. My understanding is that we should basically not even try to enter on this visa once the app cr1 is made. B visa is effectively null - sure we could chance it, but for US1700 a ticket, not really prudent <note: for a visit while visa processing OR if we were denied, to visit after the denial>.

Yes, I have been living in Thailand on TRs (tourist visas) but will change the to (O-A) longstay within six months. We will marry (or hope to) about five months thereafter and then file DCF six months after that.

Can you give me the formula for assets? Is it 3x or 5x? 100% or 125% poverty? Is the household 2 or 4 pax using co-sponsors? Thx.

Edited February 23, 2012 by omgponies!

[omgponies! 0]

From what I have gathered it will be a household of four and 5x for spouses as sopposed to fiancee's. That is about US27500 for the poverty line OR nearly 150k in assets.

I cannot shrink the household as I will not return to a job and will really need to use a co-sponsor. I would do a DCF at one of the tougher embassies/USCIS offices and doubt much if any slack will be given. So, co-sponsor + assets.

[pushbrk 12,910]

From what I have gathered it will be a household of four and 5x for spouses as sopposed to fiancee's. That is about US27500 for the poverty line OR nearly 150k in assets.

I cannot shrink the household as I will not return to a job and will really need to use a co-sponsor. I would do a DCF at one of the tougher embassies/USCIS offices and doubt much if any slack will be given. So, co-sponsor + assets.

You don't qualify for DCF. Your asset calculation would be for a family size that includes only you, your spouse and any of your own children under age 21. You joint sponsor's household size does not include you. If your joint sponsor is married, their household size is the couple, any of the couple's children under 21 plus your immigrating spouse.

Also, the B1B2 visa does NOT become void when you file the I-130. Whether she would be admitted for a visit then, as any other time, would depend on the circumstances at the time and the decision of the CBP officer admitting her.

[omgponies! 0]

I am baffled...

You don't qualify for DCF. - why not? Why would being in Thailand for 6+ months on an non-immigrant visa qualify me? Does it have to do with cosponsors in BKK not being accepted via DCF? What am I missing? I had stated:

Yes, I have been living in Thailand on TRs (tourist visas) but will change the to (O-A) longstay within six months. We will marry (or hope to) about five months thereafter and then file DCF six months after that.

Why would this not qualify??

Your asset calculation would be for a family size that includes only you, your spouse and any of your own children under age 21. You joint sponsor's household size does not include you.

OK, so our family size would be two (good news). So, that would be 18,400 x5 - correct?

If your joint sponsor is married, their household size is the couple, any of the couple's children under 21 plus your immigrating spouse.

OK, so that is two for them as well.

Please clarify as to why you state I will not be qualified to file DCF after living in Thailand for six months and being married for six months prior to filing.

Thank you.

[pushbrk 12,910]

I am baffled...

You don't qualify for DCF. - why not? Why would being in Thailand for 6+ months on an non-immigrant visa qualify me? Does it have to do with cosponsors in BKK not being accepted via DCF? What am I missing? I had stated:

Yes, I have been living in Thailand on TRs (tourist visas) but will change the to (O-A) longstay within six months. We will marry (or hope to) about five months thereafter and then file DCF six months after that.

Why would this not qualify??

Your asset calculation would be for a family size that includes only you, your spouse and any of your own children under age 21. You joint sponsor's household size does not include you.

OK, so our family size would be two (good news). So, that would be 18,400 x5 - correct?

If your joint sponsor is married, their household size is the couple, any of the couple's children under 21 plus your immigrating spouse.

OK, so that is two for them as well.

Please clarify as to why you state I will not be qualified to file DCF after living in Thailand for six months and being married for six months prior to filing.

Thank you.

My statement was in the present tense. In your future tense example, yes you would qualify for DCF.

If your parents are a couple, their household size would be three, not two. You refer to "them" so I take it the number is 3.

For the spouse of a US Citizen using liquid assets IN the USA, the formula is X3 rather than X5 when the spouse is the qualified sponsor. Using parents' assets it's X 5.

[omgponies! 0]

Apologies, Internet has been down...

If your parents are a couple, their household size would be three, not two. You refer to "them" so I take it the number is 3.

I stated "OK, that is two..."

My parents household is currently two persons, so I presume that the household for them is in fact - two.

Where do you get three? If including me in their future household - why not my financee' cum wife. Why not four?

I am a sponsor

Parents are cosponsors

We will both share the same # people on our forms as household and use the same poverty line - yes?

That number will be? four, no?

Sorry...thanks.

[Ryan H 3,812]

I stated "OK, that is two..."

My parents household is currently two persons, so I presume that the household for them is in fact - two.

Where do you get three? If including me in their future household - why not my financee' cum wife. Why not four?

I am a sponsor

Parents are cosponsors

We will both share the same # people on our forms as household and use the same poverty line - yes?

That number will be? four, no?

Sorry...thanks.

Your parents as joint sponsors, their current household size is 2, it will increase by only the number of intending immigrants they are joint sponsoring which is 1. That is how their household count is 3. You as the primary sponsor, your household count is 2 (you and your spouse). Your parents would not include you in their household count nor would you include them in yours.

[pushbrk 12,910]

Your parents as joint sponsors, their current household size is 2, it will increase by only the number of intending immigrants they are joint sponsoring which is 1. That is how their household count is 3. You as the primary sponsor, your household count is 2 (you and your spouse). Your parents would not include you in their household count nor would you include them in yours.

Exactly correct. When we speak of household size, we do so in the context of the income requirement associated with sponsorship. Household size is always going to include the intending immigrant but for separate households, the petitioner would never be counted in the joint sponsor's household. US Citizens aren't sponsored.

[omgponies! 0]

Crazy complicated but I have it now.

Thanks much