CR-1, we live in Brazil, am I a sponsor?

[Groogrux108 14]

Hey,

So I'm an american citizen who has basically lived my whole life in Brazil. I married a Brazilian and will apply for the CR-1 Visa.

My question is, though I have a good paying job here in Brazil, I will basically start life from scratch in the U.S.. So for sponsorship purposes, I have no income, since I don't yet have a paying job in the States, only will when my wife gets her visa and we move over there. I have family members who could sponsor us. What is done in these cases? When petitioner and immigrant both live abroad? Am I a sponsor? how so? Will my uncle have to apply as our sponsor? Or is the sponsorship solely for the Immigrant (my wife)?

As you can see I'm a bit lost for now! I appreciate any help...

[teeak 224]

Since you're a sponsor, you will have to fill out an I-864 (Affidavit of Support). You have the possibility of using assets to meet the minimum required for a household of 2. Basically, you will need 3 times the poverty limit. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

If this is not enough, your uncle can be a joint sponsor sponsoring your wife. He will have to fill out another I-864.

Although, you need to prove that you intend to re establish your domicile in the USA since this is a requirement of sponsors. For evidence, you can provide lease agreement, job offer letter etc.

Here's the form I-864 just so you can see what you need: http://www.uscis.gov/i-864

[mallafri76 1,012]

As the petitioner, you always have to send in the i-864. Since you don't have a job in the US yet, you will need a joint sponsor, that person will also need to fill out an i-864.

Also, since you're living abroad, you will have to prove intent to take up domicile in the US.

You should look into DCF (Direct Consular Filing). Not sure if Brasil does them, but when the USC lives abroad, some countries allow DCF, which is a much faster process.

[aaron2020 11,651]

Hi,

You are the petitioner of the I-130. As the petitioner, you must file an I-864 as the primary sponsor.

Your USC or LPR uncle files his own I-864 as the Joint Sponsor. He includes his household and the intending immigrant. He does not include you since you are a USC and he idoes not need to sponsor you.

There are two issues you must deal with for the I-864; U.S. tax returns and domicile.

USC are taxes on their worldwide income even if nothing is earned in the U.S. You need to file US tax returns for the last 3 years. If you made less than $90,000 per year, you will get a Foreign Income Exclusion and will owe zero in taxes. Your tax returns are required in order for your wife to be eligible for a visa.

You must also have a U.S. domicile or show the intent to establish one by the time your wife immigrates. You must show your connection to the U.S. A housing lease, job search, bank accounts, driver's license, etc. you may have to go to the U.S. before your wife to establish these things.

Best of luck

[teeak 224]

Brazil only does DCF in certain circumstances: http://brazil.usembassy.gov/reconsiderations.html

So, you'd have to file with the Chicago lockbox.

[Ryan H 3,812]

You should look into DCF (Direct Consular Filing). Not sure if Brasil does them, but when the USC lives abroad, some countries allow DCF, which is a much faster process.

Before suggesting that, consult this list: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

If a country does not appear on that list, then DCF is not available.

[Groogrux108 14]

Hey folks, thanks for all the replies.

As you pointed out, I am facing 3 immediate problems: tax returns, domicile and sponsorship.

1. Tax returns: I have earned around 50.000 US dollars (converted from Brazilian Reais), for the past few years (and even less before that). So I'm in the exclusion eligible. But when checking out the IRS website I find all sorts of forms and scattered information. Could anyone hook me up with a specific guideline for me specific process?

2. Domicile: This seems to be the most complicated. We have a friend in Seattle (Brazilian, and I believe permanent resident), we plan on living with him for a couple months until we get everything settled. He said he might be able to get me a job either in his business or with friends, but that is still not certain. So this whole proof of intent to domicile seems like very shakey ground. How does one have a housing lease if he/she depends on an immigrant visa for his/her spouse to move? Likewise, how does one get a job offer if there is no known arrival date? Should I rent an apartment and make payments just to have proof, even though I am still living here in Brazil? This seems like the hardest part about the process.

3. Sponsorship: from what I've been reading, if I have enough money in a U.S bank account, that alone should be enough for me to be full-on sponsor. I've been unable to calculate an exact amount, but my wife does own a house and an apartment here that we might be able to sell and transfer the money over to an account that I would open in the US. Could anyone calculate the approximate dollar amount this account would have to have for me to sponsor her?

Thanks!

[NikLR 13,227]

Hey folks, thanks for all the replies.

As you pointed out, I am facing 3 immediate problems: tax returns, domicile and sponsorship.

1. Tax returns: I have earned around 50.000 US dollars (converted from Brazilian Reais), for the past few years (and even less before that). So I'm in the exclusion eligible. But when checking out the IRS website I find all sorts of forms and scattered information. Could anyone hook me up with a specific guideline for me specific process?

2. Domicile: This seems to be the most complicated. We have a friend in Seattle (Brazilian, and I believe permanent resident), we plan on living with him for a couple months until we get everything settled. He said he might be able to get me a job either in his business or with friends, but that is still not certain. So this whole proof of intent to domicile seems like very shakey ground. How does one have a housing lease if he/she depends on an immigrant visa for his/her spouse to move? Likewise, how does one get a job offer if there is no known arrival date? Should I rent an apartment and make payments just to have proof, even though I am still living here in Brazil? This seems like the hardest part about the process.

3. Sponsorship: from what I've been reading, if I have enough money in a U.S bank account, that alone should be enough for me to be full-on sponsor. I've been unable to calculate an exact amount, but my wife does own a house and an apartment here that we might be able to sell and transfer the money over to an account that I would open in the US. Could anyone calculate the approximate dollar amount this account would have to have for me to sponsor her?

Thanks!

1) you made enough to file and you must back file. However, use form 2555 to exclude your foreign income from being taxes in the USA.

2) domicile depends occasionally on country, but the point is, you have to do whatever you can to prove you intend to move to the USA.

3) you need 3x the poverty guidelines (I-864p) as assets. You cannot count a main house or car. It's hard to count foreign assets as well. Houses need to professionally appraised and the amount of the mortgage owing subtracted from that. All non-liquid assets need to be able to be liquidated within 1 year without undue hardship to the sponsor (thus lack of being able to use a main home or car.)

[Groogrux108 14]

1) you made enough to file and you must back file. However, use form 2555 to exclude your foreign income from being taxes in the USA.

2) domicile depends occasionally on country, but the point is, you have to do whatever you can to prove you intend to move to the USA.

3) you need 3x the poverty guidelines (I-864p) as assets. You cannot count a main house or car. It's hard to count foreign assets as well. Houses need to professionally appraised and the amount of the mortgage owing subtracted from that. All non-liquid assets need to be able to be liquidated within 1 year without undue hardship to the sponsor (thus lack of being able to use a main home or car.)

1) OK. Thank you!!

2) I will try to do as much as I can on this front and will report back for y'alls opinion in a few weeks. Does this part of the process go with together with the I-130 pack? So far I have for that pack I-130, G-325A (one for me and one for my wife), and the G-1145. I gather that all this other batch of evidence (proof of intent to domicile, AOS, etc is sent in on a second moment?

3) The 2015 poverty guideline (125%) is U$19,912, times 3 is roughly U$60.000. So If I show I have a bank account with a statement that says I have at least 60 thousand dollars I'm elligible to sponsor?

[NikLR 13,227]

2) No domicile is an issue with the I-864 and then at the interview where the final decision on the I-864 is made.

3) yes.

You can also have a joint sponsor, who can be any USC or LPR domiciled in the USA who makes over the poverty guidelines for their family plus the immigrant.

[JohnR! 5,495]

It's less complicated than it seems. All you need do it plan and execute:

1. As far as taxes go, check out the embassy website: --> http://brazil.usembassy.gov/irs-information.html

2. In all likelihood you will need to come to the US ahead of her, get a job and establish residence before your wife can get her visa. You can begin the application process and move to the US while the process is being run through the system. Use that time to get a job, rent an apartment, open a bank account and settle down. By the time your wife gets called for her interview you'll have covered all the requirements.

3. If it's only the two of you, you'll be required to make at least $20K in income in order to qualify as a sole sponsor. That won't be much of a problem once you have a job.

Hey folks, thanks for all the replies.

As you pointed out, I am facing 3 immediate problems: tax returns, domicile and sponsorship.

1. Tax returns: I have earned around 50.000 US dollars (converted from Brazilian Reais), for the past few years (and even less before that). So I'm in the exclusion eligible. But when checking out the IRS website I find all sorts of forms and scattered information. Could anyone hook me up with a specific guideline for me specific process?

2. Domicile: This seems to be the most complicated. We have a friend in Seattle (Brazilian, and I believe permanent resident), we plan on living with him for a couple months until we get everything settled. He said he might be able to get me a job either in his business or with friends, but that is still not certain. So this whole proof of intent to domicile seems like very shakey ground. How does one have a housing lease if he/she depends on an immigrant visa for his/her spouse to move? Likewise, how does one get a job offer if there is no known arrival date? Should I rent an apartment and make payments just to have proof, even though I am still living here in Brazil? This seems like the hardest part about the process.

3. Sponsorship: from what I've been reading, if I have enough money in a U.S bank account, that alone should be enough for me to be full-on sponsor. I've been unable to calculate an exact amount, but my wife does own a house and an apartment here that we might be able to sell and transfer the money over to an account that I would open in the US. Could anyone calculate the approximate dollar amount this account would have to have for me to sponsor her?

Thanks!

[Groogrux108 14]

I thought taking the CR-1 route would help keep us physically together through the whole process. Why would they demand proof of "intent to domicile" if you need to actually be domiciled in the US? In case traveling before she does is actually necessary, then approximately how many months before she goes would I have to go? At what stage of the process would this have to take place at the latest? Would a bank account with a sizable amount of money and a job offer (I might be able to get this not sure) be enough for us to move together?

It's less complicated than it seems. All you need do it plan and execute:

1. As far as taxes go, check out the embassy website: --> http://brazil.usembassy.gov/irs-information.html

2. In all likelihood you will need to come to the US ahead of her, get a job and establish residence before your wife can get her visa. You can begin the application process and move to the US while the process is being run through the system. Use that time to get a job, rent an apartment, open a bank account and settle down. By the time your wife gets called for her interview you'll have covered all the requirements.

3. If it's only the two of you, you'll be required to make at least $20K in income in order to qualify as a sole sponsor. That won't be much of a problem once you have a job.

[NikLR 13,227]

Assets will help, but you will need some things from the USA like a place to live, some money in the bank, and a job offer at the very least. How else will you support yourself when you move?

[JohnR! 5,495]

The CR-1 won't keep you together, but rather will reduce the time you'll have to spend apart. Intent of domicile is subjective. It would work in your case if you were planning to return to the US and re-establish residence after a period of time living abroad. If you have never lived in the US you will need to be a resident in order for your wife to qualify. I don't think that money in the bank and the promise of a job would pass muster with the consulate in Rio.

IMO, you should consider filing for her CR-1 visa and moving to the US almost immediately. It'll take a few months for you to land a job and be able to provide evidence of domicile in the country. The entire process lasts an average of 9-12 months and that time should go by before you even realize it.

Don't overthink it.

Good luck!

I thought taking the CR-1 route would help keep us physically together through the whole process. Why would they demand proof of "intent to domicile" if you need to actually be domiciled in the US? In case traveling before she does is actually necessary, then approximately how many months before she goes would I have to go? At what stage of the process would this have to take place at the latest? Would a bank account with a sizable amount of money and a job offer (I might be able to get this not sure) be enough for us to move together?

[Groogrux108 14]

Wow, this is some really hard hitting news... very sad! we were confident we would be able to move together... Do you think that during this 9-12 month period she could stay in the states as a tourist? She already has a tourist visa... Do you think she could live there for a few months then return for the interview and for the CR-1 Visa?

The CR-1 won't keep you together, but rather will reduce the time you'll have to spend apart. Intent of domicile is subjective. It would work in your case if you were planning to return to the US and re-establish residence after a period of time living abroad. If you have never lived in the US you will need to be a resident in order for your wife to qualify. I don't think that money in the bank and the promise of a job would pass muster with the consulate in Rio.

IMO, you should consider filing for her CR-1 visa and moving to the US almost immediately. It'll take a few months for you to land a job and be able to provide evidence of domicile in the country. The entire process lasts an average of 9-12 months and that time should go by before you even realize it.

Don't overthink it.

Good luck!