Anyone else file an I-130 from abroad?

[WaitingforOregon 10]

I am a USC living in Canada with my husband. I submitted my I-130 petition for him at the end of May 2012, and they recieved it and transferred it to the Vermont Service Center - my "processing date" was June 4th.

I'm a little nervous about the next steps in the Visa process as I can't submit an affadavit of support since I am living with him in Canada and obviously not working in the US...but they know I am living abroad so I can't be the only one? How is this process different? Do I need to do anything else?

Anyone else living OUT of the US but submitted an I-130 for their spouse?

[bsd058 296]

You can submit proof of assets to meet the affidavit of support criteria. My wife and I submitted the I-130 and our PD is June 7, 2012. We were moves to VSC, too.

Essentially, it works like this:

You can either:

1) Have the USC move to the US in order to establish domicile and get a job which will meet minimum eligibility criteria;

or,

2) Use the value of your current assets (home, bank account money, stocks, etc.) and divide it by three to meet the minimum eligibility criteria;

or

3) You can use a combination of these.

My wife moved to Florida because she got a job there as a teacher and since we wanted to move there anyways and we would need my money, too, we couldn't just up and leave and wait for 3 months for the Employment Authorization. She had to go by herself while I waited in Canada to the I-130 to go through.

There is a 4th option:

4) You can get a joint sponsor to sponsor the Canadian citizen, who can meet the minimum eligibility criteria.

Any way you slice it, the affidavit of support must be met.

PS:

Edited November 7, 2012 by bsd058

[WaitingforOregon 10]

Wow, where did you find this information? Thank you.

You see, I am expecting our second baby (already have a 16 month old) so me moving beforehand to start working is not really an ideal option for us. My Dad is living in the US, so I wonder if I can get them to sponsor my husband? Except his wife is from the phillippines, and he immigrated her over years ago, and since then they have immigrated her mom and sister. I wonder if that would look suspicious to them? What is the criteria he would have to meet?

Thanks for your reply.

[bsd058 296]

Wow, where did you find this information? Thank you.

You see, I am expecting our second baby (already have a 16 month old) so me moving beforehand to start working is not really an ideal option for us. My Dad is living in the US, so I wonder if I can get them to sponsor my husband? Except his wife is from the phillippines, and he immigrated her over years ago, and since then they have immigrated her mom and sister. I wonder if that would look suspicious to them? What is the criteria he would have to meet?

Thanks for your reply.

It's all in the Affidavit of Support instruction booklet. You can find it here: http://www.uscis.gov/files/form/i-864instr.pdf

I don't think it would look suspicious. He must meet the requirements of a household the size of his household and yours. But it's very doable if he agrees to it. You are family, after all.

[pluis 2]

I understood that if you and your husband both live abroad, (a part of) your husband's income and assets) could possibly count towards fulfilling the requirements for the affidavits of support.

If you read the instructions of the affidavit of support (http://www.uscis.gov/files/form/i-864instr.pdf), you can see which income and which assets of your husband could count.

[bsd058 296]

I understood that if you and your husband both live abroad, (a part of) your husband's income and assets) could possibly count towards fulfilling the requirements for the affidavits of support.

If you read the instructions of the affidavit of support (http://www.uscis.gov/files/form/i-864instr.pdf), you can see which income and which assets of your husband could count.

Nope.

Only if it continues from the same source. If he has money that will continue to come in after his move then you can count it.

But no. If the money won't continue after he moves, then the US government cannot count it towards meeting affidavit of support minimum requirements.

On page two at the very bottom of the instructions it explicitly states that the income must continue from the same source.

The assets can be used, of course. Since you both own them because you are married.

All of the details are in the instructions booklet I posted. Obviously I'm not going to post every minor detail in the body of my post. That would be redundant.

Edited November 8, 2012 by bsd058

[N-o-l-a 7,167]

bsd058 Really has it covered.

We filed from abroad and will be using my mother as a co-sponsor.