Income requirements? separate I-130s for stepchild?

[qwertie 0]

Hello! I'm a U.S. citizen wanting to immigrate with my new wife from the Philippines.

After researching the immigration processes for awhile, I suspect my main problem might be the "affidavit of support". Currently I do not have a job; I quit as a Master's student at a university in Canada to marry this woman and I have decided to work on personal projects for awhile. I'm a software engineer, but there are no jobs for a software engineer in the town where my wife lives, and I expect any job I could get in this country would pay 1/4 to 1/3 what I could get in the U.S. Therefore, I decided not to bother, and am living on savings.

As I have over 20 years of experience, I'm confident I can find a job in the U.S., so ideally what I want to do is go to the U.S. with my new family and then find a job; but if necessary I could bear to go in advance and get a job first. The important thing is to avoid a long separation.

(1) There are two affidavits of support, I-134 and I-864. Can you confirm that I'll use the I-864? What is that I-134 for?

(2) it looks like the affidavit of support is not required for the initial I-130 and I-129F, but are still required - plus a certain amount of wealthiness - before any K3 or IR-1 VISA is issued. Is that correct?

(3) what are the income/asset requirements? I-864 mentions the "Federal Poverty Level" without specifying its relevance; one site claims the Federal Poverty Guideline for a family of 3 is $20,160, but I think I saw another source that gave a number around $25,000.

(4) Since my income will most likely be zero this year, I'd presumably rely on assets, which will be roughly $CAD66,000 in home equity (in Canada!), $CAD40,000 in retirement savings and $CAD21,000 in "cash" accounts at the end of this year - totaling about $US98,000. Is this enough?

(5) Do I have to file one ($420) or two I-130s ($840) to include my stepson?

(6) What can I do to avoid a long separation from my family?

[Marrienne 112]

(1) There are two affidavits of support, I-134 and I-864. Can you confirm that I'll use the I-864? What is that I-134 for?

Not sure what the other is for but for wife and stepchild it is the I-864 indeed

(2) it looks like the affidavit of support is not required for the initial I-130 and I-129F, but are still required - plus a certain amount of wealthiness - before any K3 or IR-1 VISA is issued. Is that correct?

No you do not need the AOS for the I-130. The I-130 is a procedure to show you actually DO qualify to bring your wife and child into the US (that you are really a USC, that any previous marriages were terminated and the divorce is final etc).

(3) what are the income/asset requirements? I-864 mentions the "Federal Poverty Level" without specifying its relevance; one site claims the Federal Poverty Guideline for a family of 3 is $20,160, but I think I saw another source that gave a number around $25,000.

It is $25,200. It is less if you are in the Armed forces, that is the $20,160 you saw. Official document is here:
https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

(4) Since my income will most likely be zero this year, I'd presumably rely on assets, which will be roughly $CAD66,000 in home equity (in Canada!), $CAD40,000 in retirement savings and $CAD21,000 in "cash" accounts at the end of this year - totaling about $US98,000. Is this enough?

I am not 100% sure if it poverty guidelines x3 or x5. I *think* for wife it is x3 so you need about $75k. You should be ok

(5) Do I have to file one ($420) or two I-130s ($840) to include my stepson?

Two. You need TWO of everything. Two I-130s, later, two IV applications, two DS-260s, two I-864. Everything is TWO

(6) What can I do to avoid a long separation from my family?

Wish I could answer that. Can you do DCF (Direct Consular Filing) since you live there permanently??
BEST OF LUCK!!!!! :)
Let me know if I can help further!

[qwertie 0]

(6) What can I do to avoid a long separation from my family?

Wish I could answer that. Can you do DCF (Direct Consular Filing) since you live there permanently??

Okay, maybe if I asked a more specific question... for instance, I've heard that at some point in the application process I am required to have a U.S. address. So, when is the first point in the VISA process that requires me to go rent an apartment in the U.S.? And does anyone know if it would be feasible to use the address of a relative already in the U.S. instead?

P.S. I don't know what a DCF is, but I haven't read anything specific that makes me think it's harder to file paperwork outside the U.S. Did I miss something?

Edited June 8, 2016 by qwertie

[Marrienne 112]

Good morning.

DCF is when you are an American living abroad..it is a lot faster than going through the NVC.However not all embassies offer it. I am on my cell and can't give you the link but if you search "direct consular filing explained" you will get all the info you ever wanted

You can use any US address. We used my father in law's. So no worries!

If you can do DCF GO FOR IT. It is absolutely the fastest way!!

[qwertie 0]

Thanks. I found this page which is directly applicable to the Philippines, although outdated (one reply says "I would point out that this is a good example of how fast procedures change. I counted 3 items where the information is already obsolete due to changes since you filed last year."). Thanks for pointing me toward a path that might be able to minimize family separation.

I still wonder if there is a really solid, complete source of information - it's puzzling why the state department site seems to be missing a lot of important details, e.g. DCF is not mentioned anywhere, and the income requirement is mentioned only indirectly. It's scary, I mean who knows what other "gotchas" they will throw at us! I also wonder what the relationships are among the bureaucracies (DoS, USCIS, INS, Consular VISA service)...

[Marrienne 112]

DCF is not widely mentioned from the USCIS. Where a normal visa timeframe can be 18 months +, DCF is 3-6 months and yoi get to stay with your spouse. Philippines from what I have heard is also pretty fast!

I would absolutely post in the regional forum as there are a loooot of applications from the Philippines and they will help you with more solid and current information

[zhuccini 0]

DCF or direct consular filing is available at us embassy manila. Since you are permanent resident here at PH, and your staying here for straight 6 months you can apply for dcf. Check out the guides for dcf in this website.

[NikLR 13,227]

Definitely do DCF if you can. The time frame for the CR1 visa is halved if not less.