Only option to live apart? (No joint sponsor)

[Paul&Fi 0]

Hi VJer's

I've been reading the forums to try and work out my options, but as with everyone our situation is different, basically I'm as US/UK dual citizen and my wife (of 5 years) is a UKC, and we've both lived in Germany for the last 7 years in that time have had a lovely baby boy (just recently turned 1).

Looking at the guides here, I qualify definitely for the DCF process, which will speed things along, but the I864 is stressing me out, as all my income is foreign earned. So as far as immigration is concerned is effectively $0 earned over the last 3 years (I have been filing my taxes).

So without a lottery winners bank balance, I definitely need a joint sponsor, but the problem here, is that neither of us have any friends or family in the US. We have one distant relative, but her relation to us sounds like a quote from spaceballs, and I highly doubt that she'd agree to it, and as she already has a family of 4, not easy to get up to the 125% level for 7 people.

Hence my questions are:

a) is our only option then to live apart?

b) if so how long would I have to live and work to prove that my income is suffient? In my line of work (aerospace engineer) I have the advantage of applying from abroad, and will definietly be expecting a salary that meets the income requirements, but how many payslips do I need to prove this point,

c) can I still DCF, in that I submit the I-130 in Frankfurt, then jump on a plane and start working at my new job?

d) can my wife and son visit during the processing time on the Visa waiver scheme?

e) or is this simply not feasible? and I should start trying to make some friends or investing in scratch cards..

[lost_at_sea 995]

Howdy!

a) is our only option then to live apart?

- If you really cannot find a joint sponsor or get a US job, then yes. Remember a joint sponsor can be anyone over 18, USC/LPR and living in the USA.

b) if so how long would I have to live and work to prove that my income is suffient? In my line of work (aerospace engineer) I have the advantage of applying from abroad, and will definitely be expecting a salary that meets the income requirements, but how many payslips do I need to prove this point,

- If you can secure a job that pays enough and can prove it, that'll likely do and you can file as soon as you've got that in the bag. You'd need a job contract and a few payslips, but I'd be inclined to check with other DCF filers in Germany just to be sure, as what's accepted can sometimes vary embassy to embassy, since for DCFers the form gets seen on the day by the staff there, rather than checked at the NVC (I think) for normal cases. Or, assets would need to be 3 x the required amount if you can scrape that together (got a house to sell?).

c) can I still DCF, in that I submit the I-130 in Frankfurt, then jump on a plane and start working at my new job?

- If you abandon your German residency before you file the I-130, then no, you won't be able to DCF. You can leave Germany as soon as you've sent the I-130, though - you only need to be resident for the submission, not the entire process.

d) can my wife and son visit during the processing time on the Visa waiver scheme?

- Yep.

e) or is this simply not feasible? and I should start trying to make some friends or investing in scratch cards..

- It's feasible.

You've got two main issues to overcome:

1. Your income

2. You're going to need to prove domicile in the USA (or intent to re-establish domicile).

The way to overcome both these in one swoop would be to secure a job in the USA. You don't need to prove financials until after the I-130 is approved (usually the evidence is taken to the interview). I don't know a huge amount about your line of work - would it be possible to secure a US job and continue to work from abroad for a little while?

Edited November 14, 2013 by lost_at_sea

[lost_at_sea 995]

Also, in regards to the domicile aspect... I know you're applying in Germany, but London gives a decent explanation of domicile: http://london.usembassy.gov/faq_i864_domicile.html

[Nich-Nick 3,354]

A note: You (and maybe your child) are American, so you for sure don't get added to the family size of a joint sponsor. It's only the immigrant(s). Sounds like you can pull this off by finding a job. I've seen 6 months of pay stubs quoted in USCIS memos.