Questions about I485/I130 (newlywed)

[aimar10 7]

Hello,

Posting this on behalf of my cousin who got married last month. Cousin's a US Citizen that got married oversees last month and wants to bring his wife to the US. He plans to live oversees for the next 3-4 months.

There are 2 concerns at the moment.

1. Can he apply for his wife's I 485 and I 130 oversees right now and "chill" for the next 4 months while killing time?

2. He's particularly concerned about his income from last year. He only worked for 6 months or so and he doesn't have a decent income. What he plans to do is send in I 485 and I 130 right now and then send the financial documents in Feb/March (once he's done with his taxes). Is that possible?

Thank you.

[aleful 1,905]

hi

no i485, concurrent filing is only for adjusting status in the US

she will go through consular procession

he can send the i130 and G325A

he doesn't need the i864 right now

[aimar10 7]

hi aleful, can you please explain to me in layman's terms? what do you mean by "no i485, concurrent filing is only for adjusting status in the US"? Does that mean she will need to get her I130 approved and then wait for her visa in her native country first?

Also, when does he need i864 then? Thank you.

[anita2149 0]

An I-485 is for adjustment of status. Your cousin would need to be living in the US with his new spouse already in the USA on a visa. The process of filing an I-130 and an I-485 at the same time is known as "concurrent filing" and this can only be used when the beneficiary (e.g. your spouse's wife) is already in the US on a valid visa. They cannot file this way if they are outside of the US.

For anyone living outside of the USA and trying to get permanent residency for a spouse, they have to use the National Visa Center and Consular processing. This means that your cousin would need to file Form 1-130, wait for that approval, then apply to the National Visa Center for a visa, get that approved, then get a visa interview in the consulate in the country where they are living. If all conditions are met, she will be able to come to the US as a permanent resident. It is a much longer process than the I-485. The type of visa they would be filing for would be an IR-1.

The I-864 is a financial sponsorship agreement that says to the US government, basically if your new cousin in law decides to try to kick back and sit on government benefits that the government will not pay for her, the person filing the I-864 will pay for her. It is an agreement between the person filling out the form and the US government that the person who filled out the form will be financially responsible for the new immigrant until one of the following: the immigrant becomes a citizen, the immigrant dies, the person filling out the form dies (and there may be a couple other exceptions where the agreement can be broken, but I can't remember). If your cousin cannot satisfy the income requirements, he can get a joint sponsor- a US citizen (and maybe a permanent resident counts, but I can't remember) who is living in the US and also willing to say that they will be financially responsible for your new cousin in law.

I hope that helps to clarify things for you- I'm not any sort of expert, I think I got everything right, but I'm sure someone will correct me if I am wrong.

[aimar10 7]

Hi anita, that explains everything.

Just a bit confused about when he will be required to submit I-864. From my knowledge, it takes about 6 months for cousin's wife to get her I130 approve. Will he only be required to submit it then? That's what he ideally seeks (as he'll meet income requirements when he files for taxes in Feb).

[newacct 688]

Hi anita, that explains everything.

Just a bit confused about when he will be required to submit I-864. From my knowledge, it takes about 6 months for cousin's wife to get her I130 approve. Will he only be required to submit it then? That's what he ideally seeks (as he'll meet income requirements when he files for taxes in Feb).

The income requirements are for current (i.e. right now) income. It has nothng to do with taxes.

[Elf 146]

Hello,

Posting this on behalf of my cousin who got married last month. Cousin's a US Citizen that got married oversees last month and wants to bring his wife to the US. He plans to live oversees for the next 3-4 months.

.

Has your cousin been living in his wife's country for six months? If he has not been legally resident in that country for six months, he isn't eligible for the Direct Consular Filing process (well, probably. There are exceptions, but they're rare) and will need to file the I-130 at the USCIS Chicago lockbox as the first stage in the CR-1 spousal visa process.

His first step should be to read the relevant VJ Guides and decide which process applies to his situation.

VJ Guide to the CR-1 process

VJ Guide to Direct Consular Filing

[Elf 146]

Hello,

Posting this on behalf of my cousin who got married last month. Cousin's a US Citizen that got married oversees last month and wants to bring his wife to the US. He plans to live oversees for the next 3-4 months.

.

Has your cousin been living in his wife's country for six months? If he has not been legally resident in that country for six months, he isn't eligible for the Direct Consular Filing process (well, probably. There are exceptions, but they're rare) and will need to file the I-130 at the USCIS Chicago lockbox as the first stage in the CR-1 spousal visa process.

His first step should be to read the relevant VJ Guides and decide which process applies to his situation.

VJ Guide to the CR-1 process

VJ Guide to Direct Consular Filing

- Topic moved from Bringing Family Members of Permanent Residents to What Visa Do I Need - Question is about applying for an immigrant visa for the spouse of a USC while the USC is temporarily overseas -

Edited November 7, 2015 by Elf

[aimar10 7]

Hello,

My cousin is marrying someone from his native country.

[Elf 146]

Okay, so your cousin is a naturalized US citizen? He would still need to have been resident in the other country for six months in order to be eligible to use Direct Consular Filing. Being resident is not the same thing as being a citizen. To be resident somewhere, you have to be living there on a permanent, settled basis, not just visiting for a few months, even if you're a citizen of that country.