Am I eligible to sponsor my husband?

[cfaexpat 0]

I was just curious if I were eligible to apply to sponsor my husband from outside the US. I will present my details in point form below.

-US citizen(attained citizenship through birth)currently living in Kuwait with husband.

-Worked for the 2011/2012 year in Kuwait with the World Bank (Headquarters in Washington) Salary of 60k

-Quit my job after giving birth and started a distance Masters degree at a US institution (currently receiving FAFSA to cover tuition only)

-Currently own a car(2012) with a current worth of about $40,000USD. Husband also owns a car with a worth of $30,000.

-Have savings of $20,000

-Husbands current salary is $80,000

-Married for 3 years and have 1 child

-Not sure if it matters both my husband(Bachelor and Masters from the US) and I have a masters degree from the US

-Husband currently has a 10 year B1/B2 visa to the USA

Would I qualify to sponsor my spouse or not because I am currently not working. Also I did not file taxes last year.

Thank you in advance for your help.

[NickUSMC 3]

When I attended my interview I remember 2 couples being denied because the Spouse was not living in the United States. They said they needed a domicile then they could apply for the Visa..

[MeredythB 38]

You do not have to be living in the States to apply for a IR1/CR1 visa for your husband. However, once you get through USCIS, you will have to show proof of intent to reestablish your domicile in the US. There are threads on the forum that give information about what you need. Since you are not working, you will have to have a sponsor. Your income would have to continue in the US for it to be counted. For a family of three, you'd need income in the range of $24,500 per year. If you were trying to qualify on assets, you'd need at least 3 times that amount. You can use a car as an asset, but only if it can be proven that you own another. If you have a family member or friend to serve as a co-sponsor, that would be easiest. If your child is a US citizen (with either a US birth cert or a CRBA), then only your spouse would be added to the sponsor's household size. There are threads on here as well to discuss that. Try looking for some of the questions you have via the search bar. There is a lot of good information out there. Good luck!

Edited March 4, 2013 by MeredythB

[N-o-l-a 7,168]

When I attended my interview I remember 2 couples being denied because the Spouse was not living in the United States. They said they needed a domicile then they could apply for the Visa..

Then, you misunderstood. A USC living abroad must prove that they intend to re-establish domicile before or at the time that the beneficiary immigrates. There are a bunch of ways to do this and it is in the start of every NVC thread.

[Penguin_ie 5,997]

Your husband's salary doesn't count unless it will continue from the same source when your family moves to the USA (such as if he works for World Bank and they say he can work in a US branch). Only one car would count (and likely not even that as they are not in the USA), so you don't have enough assets. Unless you have other assets not listed (401K back in the US, property etc), you will need a co-sponsor.

[NickUSMC 3]

Then, you misunderstood. A USC living abroad must prove that they intend to re-establish domicile before or at the time that the beneficiary immigrates. There are a bunch of ways to do this and it is in the start of every NVC thread.

Well the Officer clearly told them that she had to go back in the US, get a domicile with the baby then they could apply for the Visa.

I remember the guy saying she just ruined my family because we have to separate as I cannot enter the United States right now until she gets her domicile there and we can reapply.

Bottom line she had to move back to the US with the baby and he has to stay here until she gets the domicile and can reapply. That's what happened. And it happened twice that day...

Not to mention the Officer had a bad mood that day

Edited March 4, 2013 by NickUSMC

[MeredythB 38]

Well the Officer clearly told them that she had to go back in the US, get a domicile with the baby then they could apply for the Visa.

I remember the guy saying she just ruined my family because we have to separate as I cannot enter the United States right now until she gets her domicile there and we can reapply.

Bottom line she had to move back to the US with the baby and he has to stay here until she gets the domicile and can reapply. That's what happened. And it happened twice that day...

Then what you witnessed was an abuse of power and totally against regulations. As long as the intent to re-establish domicile requirement has been met, there SHOULD not be any barriers to a foreign spouse receiving a visa. The CO doesn't have the authority to deny a visa based on those grounds. Another example of power corrupting, it seems. Sad.

Edited March 4, 2013 by MeredythB

[cfaexpat 0]

You do not have to be living in the States to apply for a IR1/CR1 visa for your husband. However, once you get through USCIS, you will have to show proof of intent to reestablish your domicile in the US. There are threads on the forum that give information about what you need. Since you are not working, you will have to have a sponsor. Your income would have to continue in the US for it to be counted. For a family of three, you'd need income in the range of $24,500 per year. If you were trying to qualify on assets, you'd need at least 3 times that amount. You can use a car as an asset, but only if it can be proven that you own another. If you have a family member or friend to serve as a co-sponsor, that would be easiest. If your child is a US citizen (with either a US birth cert or a CRBA), then only your spouse would be added to the sponsor's household size. There are threads on here as well to discuss that. Try looking for some of the questions you have via the search bar. There is a lot of good information out there. Good luck!

Thank you very much for your informative reply. I have been looking through the forum and have found information but it gets a bit confusing. Can I show my intent to return to the US after through a lease agreement and/or an acceptance letter into a doctoral program?

Sadly I do not have anyone that would help in being a co-sponsor so I will be trying to use assets.

One question though. Can my husband co sponsor himself. He is a citizen of Kuwait and will have a continuous salary from the government to support him and his daughter. (similar to unemployment)

Thanks again.

Edited March 4, 2013 by cfaexpat

[cfaexpat 0]

Your husband's salary doesn't count unless it will continue from the same source when your family moves to the USA (such as if he works for World Bank and they say he can work in a US branch). Only one car would count (and likely not even that as they are not in the USA), so you don't have enough assets. Unless you have other assets not listed (401K back in the US, property etc), you will need a co-sponsor.

Thank you for your reply.

Are you sure the car won't count.

If I decide to purchase a home in the US for $50,000 and mortgage it would that qualify? Or does it have to be paid in full?

[Penguin_ie 5,997]

Yes a lease agreement and letter accepting you into college are very good proof.

As you are married, your husband's income and assets can count, if you can prove it is both current and ongoing. If the government income will stop after he enters the USA, or soon after (say, lasts for only 6 months), then they may not count it.

[MeredythB 38]

Thank you very much for your informative reply. I have been looking through the forum and have found information but it gets a bit confusing. Can I show my intent to return to the US after through a lease agreement and/or an acceptance letter into a doctoral program?

Sadly I do not have anyone that would help in being a co-sponsor so I will be trying to use assets.

Thanks again.

Both of those things would be good. In showing intent, it's better to have more than less. Actually, that is the case for pretty much EVERY step of the process! If you look at the first two posts of any of the NVC links, it shows what you would need for the second and third packages you'd be sending. I'll put the link for one of them below. People are very helpful here, so ask your questions. And you can be specific in the search bar. I've found some really useful threads. It's a time-consuming process, but as long as you have your stuff together, it's certainly doable.

http://www.visajourney.com/forums/topic/417050-nvc-filers-march-2013/

[N-o-l-a 7,168]

Thank you for your reply.

Are you sure the car won't count.

If I decide to purchase a home in the US for $50,000 and mortgage it would that qualify? Or does it have to be paid in full?

It has to be paid in full (or they will only count the house value minus the mortgage outstanding), but they won't usually count the family's primary residence as an asset.

Edited March 4, 2013 by Nola123

[Penguin_ie 5,997]

Are you sure the car won't count.

If I decide to purchase a home in the US for $50,000 and mortgage it would that qualify? Or does it have to be paid in full?

On the cars: if they were US based, one car would count. However, non-US based assets are iffy- they often are not counted at all, or only counted x5. With you not working, do you absolutely need two cars now? Could you sell the more expensive one and put the money into a US based bank account? Or even sell both and get a cheap old car for a few months...

A primary home doesn't usually count (ie if you plan to live there), though they did allow it in our case. Any mortgage on the home would be deducted- so if the home is worth $100'000 and you have a mortgage of $80'000, then only the $20'000 you have in the home will count. Of course, if it is a secondary/investment home, and you rent it out, you can count the rental income as income.

Edited March 4, 2013 by Penguin_ie

[Ippsy Pippsy 31]

As a USC, you need to file taxes every year. You can backfile so you have it.

Also, married for 3 years means he can get a 10yr green card right away if you file the correct form.

Edited March 4, 2013 by Ippsy Pippsy

[NikLR 13,232]

The forms are the same for CR1 and IR1.

There is a thread in the Canada sub-forum dealing with domicile as our US Consulate in Montreal is VERY strict about domicile. I can't help you with the assets but storing away some money until you have enough would be ideal for you I think, but the domicile thread there should help you figure out things you may need to prove you intend to live in the USA.