USA IMMIGRATION THROUGH MARRIAGE

[ekhlaaq 0]

My wife is US Citizen by birth. she returned back to pakistan when she was 3yrs old and completed all her education from pakistan. She

is a M.B.B.S Doctor by profession. She also a social security card. we got married 8 yrs ago and we have 3 children. My wife have not done any job after her graduation and remain as House wife. Now we are intrested to migrate to usa. Also we do not have any close relative in usa who can be A joint sponsor. My question is that can we show the cash in our joint pakistani bank account as a proof of affdavit of support? If yes then how much money we have to show in the account to become eligible for affidavit of support..Is this possible that we will face the domicile issue during our case?

Is this possible that my US citizen wife will first file I-130 for me and once i got the immigrant visa, then my wife go to file I-130 for our children?

[mallafri76 1,012]

Aren't your kids US citizens already, since your wife is a USC? Haven't you filed CRBA for them?

For a household of five, your wife needs either an income of $35,512 or assets of at least $106,536. Assets can include property, minus any loans/mortgages on the property. Your wife also needs to prove intent to take up domicile in the US such as a home, driver's license, register kids for school etc.

[JFH 12,191]

If your wife has lived outside of the USA since 3 years old, the children won't be US citizens. She has to have lived in the USA for 5 years of her life and 2 of those years after the age of 14 for the children to have citizenship through birth so she will need to petition for them as well.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Unless she goes ahead of you and starts working there and earns above $35,512 a year, you will need a joint sponsor.

She also needs to make sure her tax returns are up to date.

[ekhlaaq 0]

Thx for your reply

It is not possible for us to find some joint sponsor in our case. So can we show the Real state assets /cash in our joint pakistani bank account which will be equivalent to 106,536 Us dollar to qualify as a affidavit of support?

Is this possible that my US citizen wife (currently living in pakistan) will file the I-130 for me and if get the immigrant visa then she go for applying the I-130 for our 3 children?

[Anh map 2,098]

Assets held outside of the US are sometimes factored at 5:1, rather than 3:1 for a spousal petition. The only way to know is try to ask at the Islamabad embassy. Or perhaps another member has experience and can share. If you transferred the money to a US account then I would be more confident of the 3:1 valuation.

The amount needed is based on family size,, so filing only for you will not change the money needed. Another thing to check is the laws regarding how much money can be transferred out of your country at one time. If there is a low(ish) limit that may also work against using assets held in Pakistan.

YES, the US citizen needs to establish domicile. Check the I-864 FAQ link in my signature for domicile information.

[Penguin_ie 5,997]

Your wife would need to move to the USA before or at the same time as you, you cannot go first.

As Anh map said, you will want to be comfortably over the limit with assets, and have them well documented, for it to count. Alternatively, your wife may need to move to the USA first and get a job to sponsor you all.

[mallafri76 1,012]

If your wife has lived outside of the USA since 3 years old, the children won't be US citizens. She has to have lived in the USA for 5 years of her life and 2 of those years after the age of 14 for the children to have citizenship through birth so she will need to petition for them as well.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Unless she goes ahead of you and starts working there and earns above $35,512 a year, you will need a joint sponsor.

She also needs to make sure her tax returns are up to date.

Got to love American rules. A USC by birth living abroad can't give their US citizenship to their children but a tourist having a baby in the US while visiting and the kids are automatic USC...

Thx for your reply

It is not possible for us to find some joint sponsor in our case. So can we show the Real state assets /cash in our joint pakistani bank account which will be equivalent to 106,536 Us dollar to qualify as a affidavit of support?

Is this possible that my US citizen wife (currently living in pakistan) will file the I-130 for me and if get the immigrant visa then she go for applying the I-130 for our 3 children?

My husband and I used assets to meet the financial requirements. All assets were in my name (the foreign spouse) and in my home country of Sweden. We were approved and I have my visa in hand.

You need to have your property officially evaluated. You also need to show proof of ownership and declare any loans/mortgage you have for the property. You need a letter from your bank stating how much loans, if any, you have with the bank as well as how much money you have in your bank account/stock portfolio and confirming that the amounts have been there for a considerable time. You need to be a bit over the requirement for assets, I've never heard of anyone being approved that was just on the required limit.

If I were you, I'd double check with the embassy where the interview will take place, to confirm that they will accept assets in lieu of salary, as not all embassies do.

[Boiler 46,198]

Got to love American rules. A USC by birth living abroad can't give their US citizenship to their children but a tourist having a baby in the US while visiting and the kids are automatic USC...

My husband and I used assets to meet the financial requirements. All assets were in my name (the foreign spouse) and in my home country of Sweden. We were approved and I have my visa in hand.

You need to have your property officially evaluated. You also need to show proof of ownership and declare any loans/mortgage you have for the property. You need a letter from your bank stating how much loans, if any, you have with the bank as well as how much money you have in your bank account/stock portfolio and confirming that the amounts have been there for a considerable time. You need to be a bit over the requirement for assets, I've never heard of anyone being approved that was just on the required limit.

If I were you, I'd double check with the embassy where the interview will take place, to confirm that they will accept assets in lieu of salary, as not all embassies do.

How do you think she obtained a US passport?

Has she been filing her taxes?, will also need to show a US Domicile.