Jump to content

7 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi everyone,

I really need some advice about the immigration process for my husband. We have been married for more than 2 years and also have a son(who is a US citizen). Ever since our marriage we have been living in India and I even have a long term visa for India. Now we want to move to the states and are trying to immigrate my husband. From what I understand I need to file I-130 form with the USCIS in the embassy here and after that it goes to NVC and then they send me a packet for all the documents and forms I need to submit.

Now my biggest concern is that I have never worked in the US and have payed no taxes. So i am not sure if I can fill I-864 Affidavit of support. My dad who lives in the states is retired. So I was wondering if I can have one of my uncles or my friend be a sponsor? IF so how should I go about filling the forms I-864 and I-864 a? If you have any other advice for me, I would really appreciate. Thank you.

Mariangela

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi!

I'm also living in India with my husband!

We didn't go the Embassy filing route for a multitude of reasons....so I hired a lawyer in the US to handle this situation for us.

I also am not working for the last 3 years that I've been in India. My Parents are also retired, however they're combined retirement income was enough to clear sponsoring my husband.

You might be able to do joint sponsor with your Dad and an Uncle if your Dad doesn't make enough to clear the requirements. You'll also need him to provide you a letter stating that he will provide you a "domicile" (or whomever you plan to stay with in the US) as you will be required to show Domicile proof in the form of rent/ownership. It helps if you've left a bank account in the US and still have your current License. Especially if your license shows the address of the person who you will be staying with (both my bank account and license are with my Dad's address so he supplied the letter giving me domicile).

Hope this helps and GOOD LUCK!

08/2007 - Met at work

10/2007 - Started chatting

05/2008 - He was back in USA for work

07/2008 - Started dating

01/2009 - ENGAGED!

07/2009 - Convinced his family for our Marriage

08/2009 - MARRIED!!

10/2009 - Moved to India

02/2011 - My Father diagnosed with Cancer (since Recovered)

08/2011 - Filed for I-130 during trip to US, hired Lawyer.

08/22/2011 - NOA1.

02/2012 - Still waiting for NOA2 Approval

03/06/2012 - I-130 Approved!!!! Thank you GOD and USCIS!!

05/09/2012 - AOS and DS-230 Checklist from NVC.

05/31/2012 - AOS and DS-230 sent together to NVC.

06/13/2012 - Email from NVC RFE for AOS documents already sent????

07/13/2012 - ANOTHER Email from NVC RFE for AOS documents already signed!!!

8/6/2012 - Packet 4 Received! Interview date assigned!!

9/28/2012 - Immigration Interview - APPROVED!!!

Nnqmp5.png

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

**Organizer hat off**

From what I understand I need to file I-130 form with the USCIS in the embassy here and after that it goes to NVC and then they send me a packet for all the documents and forms I need to submit.

If you file at the USCIS field office in India, the NVC will not be involved. All processing would be done in India. I know there are some procedures specific to India between I-130 approval and interview that I am not familiar with so I will leave it to other VJ members familiar with India to address that.

So I was wondering if I can have one of my uncles or my friend be a sponsor? IF so how should I go about filling the forms I-864 and I-864 a? If you have any other advice for me, I would really appreciate. Thank you.

If your friend or one of your uncle's qualify, they can be a joint sponsor. You as the primary sponsor would fill out an I-864. The joint sponsor will also fill out an I-864.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Other Country: China
Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

**Organizer hat off**

If you file at the USCIS field office in India, the NVC will not be involved. All processing would be done in India. I know there are some procedures specific to India between I-130 approval and interview that I am not familiar with so I will leave it to other VJ members familiar with India to address that.

If your friend or one of your uncle's qualify, they can be a joint sponsor. You as the primary sponsor would fill out an I-864. The joint sponsor will also fill out an I-864.

Correct. The process described it for obtaining an immigrant visa. Once the visa is used to enter the USA, a green card will be produced and mailed to the US address you use on the eventual visa application. So, visa first and green card after US entry.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi!

I'm also living in India with my husband!

We didn't go the Embassy filing route for a multitude of reasons....so I hired a lawyer in the US to handle this situation for us.

I also am not working for the last 3 years that I've been in India. My Parents are also retired, however they're combined retirement income was enough to clear sponsoring my husband.

You might be able to do joint sponsor with your Dad and an Uncle if your Dad doesn't make enough to clear the requirements. You'll also need him to provide you a letter stating that he will provide you a "domicile" (or whomever you plan to stay with in the US) as you will be required to show Domicile proof in the form of rent/ownership. It helps if you've left a bank account in the US and still have your current License. Especially if your license shows the address of the person who you will be staying with (both my bank account and license are with my Dad's address so he supplied the letter giving me domicile).

Hope this helps and GOOD LUCK!

Hi, thank you for your help. U said u hired a lawyer in the states, I was wondering if you and your husband are here, can the lawyer do all the processing from the states? Can i get the contact details of your lawyer, if possible? Thanks

Posted (edited)

Now my biggest concern is that I have never worked in the US and have payed no taxes. So i am not sure if I can fill I-864 Affidavit of support. My dad who lives in the states is retired. So I was wondering if I can have one of my uncles or my friend be a sponsor? IF so how should I go about filling the forms I-864 and I-864 a? If you have any other advice for me, I would really appreciate. Thank you.

Mariangela

Your dad, even if retired, can be the sponsor if he meets the annual income requirements.

Or anyone else, in or our of your family, can also be a sponsor if they choose to do so.

You, even though you are not the sponsor, must file a I-864 as the petitioner of the IR-1.

In order to do so, you will need to file your most recent IRS tax return with the I-864.

In some locations, they ask you to submit all three most recent year returns with the I-864.

In other locations, you submit your most recent return and have the previous two year returns on hand in case they ask for it after you submit your I-864. Follow your local instructions on this.

If you have not filed your taxes, you will need get caught up.

With the Foreign Earned Income exclusion, you may not even owe anything so it may just be a matter of filing.

You need to do so for the past seven years.

Next, your actual sponsor needs to be a current US Resident. That can even be someone who physically lives temporarily outside the US, maintains a US residence and files their taxes from within the US, or someone who lives full-time in the US. They will also complete a I-864 and all the accompanying documents you did.

Only if your sponsor lives in the same house as you, then your sponsor completes a I-864A. So in this case, they would complete BOTH a I-864 and I-864A. I assume this requirement is unlikely for you as you reside in India.

Hope that helps.

Edited by BBCC

Done: I-130/CR-1, I-751/ROC

Done: I-327

Posted

Hi everyone,

I really need some advice about the immigration process for my husband. We have been married for more than 2 years and also have a son(who is a US citizen). Ever since our marriage we have been living in India and I even have a long term visa for India. Now we want to move to the states and are trying to immigrate my husband. From what I understand I need to file I-130 form with the USCIS in the embassy here and after that it goes to NVC and then they send me a packet for all the documents and forms I need to submit.

Now my biggest concern is that I have never worked in the US and have payed no taxes. So i am not sure if I can fill I-864 Affidavit of support. My dad who lives in the states is retired. So I was wondering if I can have one of my uncles or my friend be a sponsor? IF so how should I go about filling the forms I-864 and I-864 a? If you have any other advice for me, I would really appreciate. Thank you.

Mariangela

You have 2 options. You can do DCF here at the embassy in Delhi or you can file at the Chicago lockbox. DCF is supposedly faster. My husband and I are in the process of doing this at present. You file the I-130 and then they will take your money and process your application and then send it to the correct consulate (for us it was Mumbai because it is closer than Delhi). Withing 4-12 weeks you are supposed to receive another packet with further paperwork from the embassy to be filled out and returned. After that I believe you will have your interview scheduled and you will have another packet that your husband will have to submit at the time when he goes for his interview which will include police clearance and medical tests. The NVC only applies to applicants who apply in the US. Be sure to visit the Delhi website: http://newdelhi.usembassy.gov/uscisi130pet.html also check http://newdelhi.usembassy.gov/uscisi130pet.html for the filing requirements. It may be a long trip for you and it would be really upsetting to go and not be eligible for some reason so double check all the paperwork you require.

The person who cosponsors with you does not even have to be a relative so you could absolutely use one of your uncles or friends.Regardless of your income you as the main sponsor of your husband will have to fill out the I-864 and so will the person who cosponsors you.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...