Process for spouse

[Lightstrider123 0]

Looking for some clarification. This website makes the process appear simple, but some others have recommended getting an attorney just to make sure everything is filled out and filed correctly. I would like this thread to be my personal journal/processing notes. I married my wife in Russia this month and will do this process in the US.

Step 1:
-Fill out the I-130 Petition.
-Prove my legal status via copy of my birth certificate.
-Prove my family relationship via copy of marriage certificate and translation of marriage certificate, a passport style photo of both of us, a G-325A for the each of us.
-Provide a copy of the statement showing my wife own's her flat with my Russian visa registration to that address for the time I've been there (6 months), documentation that my wife is pregnant to prove our bona fide marriage, maybe photos and documentation of our marriage since we first communicated in Nov 2014, met and traveled around Russia and Georgia from Feb-Apr 2015, then living together in Russia from Sept 2015-Sept 2016.

***Since our baby daughter is due sometime late January, being in born in Russia may be complicated but so far I've read that she while she will be born with Russian citizenship, she will be eligible to obtain US citizenship as well. In the case that she is unable to obtain US citizenship, will this entire process be less complicated if I wait until my daughter is born in case I need to file another petition for her as well so her's and my wife's are processed together at the same time? This would mean I provide all of the same information I did for my wife for my daughter, plus the extra $420 filing fee.

-Provide FC-029 copy certification form.

-Provde G-1145 form for electronic notification.
-Provide a money order of $420 for USCIS filing fees.
-Living in CA, mail everything to the USCIS Lockbox in AZ.



Step 2: -Receive I-797C and wait for I-797.
-Wait for NVC receive notice and case to become current.
-Receive and pay Affadavit of Support fee bill and submit DS-3032.
-Receive I-864 forms and submit with support documentation for myself and two joint-sponsors.

***Here is where I may have trouble. I'm young and don't have any tax returns or money in the bank, just cash savings as I am paid in cash. I may be able to file back taxes to get some form of official documentation as well as start filing my quarterly reports as an independent contractor. I am leasing a house so that will prove my domicile but I live alone and will have no household member support. So legally on my own at this moment in time I cannot meet the 125% above poverty guidelines to support. I assume for the I-864 my household size should be considered two as I'm intending to live with my spouse and support her meaning my annual income is to exceed $20,025.

Something to consider as well is that if I file now and it's being processed before my daughter is born and she obtains US citizenship while in Russia, may I still move forward without notifying anyone or would be it be best to just use the income requirement for a household size of three to cover it just in case? This would be $25,200 then so not a big deal and I'm sure with the use of two joint-sponsors it will exceed this anyways. I just worry that maybe the consular officer sees that I myself don't have any official financial documentation and can deny the visa based on that despite two fully capable joint-sponsors.

-Receive and pay IV fees.
-Wait for Packet 3 or 4 and continue with consulate processes (medical examination for wife/daughter, interview, etc.)

What are your opinions on the *** situations? Despite lacking my own legal financial ability (I am totally capable but doesn't matter without official documentation), wouldn't two fully capable joint-sponsors make that not matter? They are legally swearing to support her, shouldn't that be enough in the eyes of the law? Again my worry is the consular officer themself might not like the fact I don't have the legally proven historical ability to support.

I understand that the alternative step 2 would go the K-3 route, filing the I-129F petition after receiving the I-797. I would still have to have the I-134's from myself and joint sponsors otherwise she will probably get denied for risk of becoming a public charge. Also, both of my joint-sponsors will not be family members, but friends/associates - will they be able to co-sponsor?

[arken 4,197]

Seems like you got full understanding of the situation and the process.

Just my few opinions:

1. Once your baby is born in Russia, she will be a US citizen provided you have stayed in US for at least 5 years, 2 years after age 14. You and your wife have to report her birth to US embassy/consulate in Russia, possibly attend for an interview and can also apply for US Passport for your daughter at the same time.

2. Forget about K3, just for for CR1 visa. Since K3 and i130 petition have similar processing time, NVC will probably receive both approved petition toward similar time frame and then K3 will be cancelled and CR1 will be processed.

3. Like you said, start the i130 process ASAP. You don't have to wait till your baby is born. You don't have to petition for your daughter since she will be a US citizen as long as your physical presence in US of 5 years, 2 years after age 14 is met.

4. Seems like she will be born before the interview, so you will need to show the income for household size of 3 for i864.

5. NVC/embassy will definitely ask for your tax return info for at least last 3 years. The only way you don't need to show your tax return info is if you claim you didn't earn much that requires filing tax return. If you did earn above the benchmark, you have to file the tax return.

6. If you don't have enough income for the current year, you need to find joint sponsors. Each joint sponsor has to have their individual income above poverty guideline for the household size (3 in your case). Two or more joint sponsors cannot combine their incomes. A joint sponsor can combine his/her income with another household member only if they are living in the same house.

[Adil & Jeanne 296]

first of all by the time of your interview you will be a family of 3 / the whole process to interview takes at least a year and no, you can not expedite for her pregnacy if that is your next question

and yes, the baby will have US citizenship being born to US father

you can prove income by your employer, however not filing taxes is an issue not only for this but with IRS / getting paid "under the table" and not paying taxes?????

you will need a cosponsor

No longer is there a K3 and you are married so I 129 is not an option as that is for financee visa

Second after going to NVC you will be billed for 2 fees and when the money is received as paid, you will fill out online from the link provided by paying the fee the avidavidt of support I 864 and the DS 260 visa application form

then NVC will ask for additional documetns such as criminal investigation reports, etc

when they are all received and okayed by NVC for income requirements case is sent to embassy and interviewed scheduled

if approved there is a visa fee to pay of $165

unless these fees go up