Can I use foreign job as proof of financial stability as a USC Sponsor for my spouse?

[Gringuitico 4]

Hi there,

I am a US Citizen, living full overseas. Currently, I am a legal resident of Costa Rica, soon to be a citizen. I plan to get married next year, in the US, to a Costa Rican citizen, and then return to Costa Rica to keep living here for a couple more years. During those 2 years, we plan to have a kid. She already has 1 daughter.

DCF doesn´t appear to be an option for Costa Rica (US doesn´t maintain a public counter presence at our embassy here). So, from what I´ve read here on this forum, it looks like my options are IR-1/CR-1 or K3.

Now... all of that, I´ve found by reading, but what I can´t devine is the following:

1) I know that to sponsor her visa, I need to demonstrate my ability to financially support her. I have a stable job, here in Costa Rica. Will that count? Otherwise... it sounds like I may need move to the US without her, and that would be extremely difficult, because we plan to have a baby here.

Put differently, I know the process can take anywhere from 5-13 months (looks like 5 months on the stats page, but that´s not the key point here). Can I stay in Costa Rica with her during that time? This is critical because we plan to have a kid here. We would much rather have the kid here in CR because medical care here is free. So, here we have stable income and controlled costs. There... it´s going to be a while before I can rebuild my financial stability.

2) Assuming we are in Costa Rica when the IR-1/CR-1 visa is approved... how much time will we have to move (with that visa)? If it´s just her here, we´ll obviously move her up asap, but if we´re both still here... I´m curious how much time we´ll have to wrap up our lives here.

Thank you!

[Merrytooth 5,748]

If your foreign income ends when you move to USA, then it is not counted.

You can use savings, assets to meet the I-864 requirements if possible.

[Gringuitico 4]

Thank you, that's a good bit of info to start with. That's pretty much my nightmare scenario.

Follow-up question... I think I know the advert to this, but...does having an infant child give me any additional options? Does it help in any way with processing speed? I'm reasonably certain the answer is no, but I need to ask.

Thanks.

[Gringuitico 4]

Any thoughts on what I would need to show as proof that my income would continue once I moved? I ask because as it happens, the company I work for now is based in the US, so I could actually keep working for them once I move.

In related news... once I move... if I did get a different job, how long would I need to have that job to prove that it´s "stable" before being able to sponsor her visa? Would just having an open-ended employment contract be sufficient?

[Ash.1101 1,756]

You're going to need to show that the foreign income would continue after you and your family were in the US. If you have no US tax returns, and no US income, there is a good chance that you will need a cosponsor, as you have no job stability WITHIN the US. Ideally, you should be in the US and establish everything prior to your spouse and children coming.

I'm not sure about CR, but most places also require proof of domicile, showing that you'll have a home for your family in the US, prior to them moving to the US.


As a note, right now your household is a household of 3, you, your wife, her child. If you file after you have a baby you want to have, it'll be a household of 4. If you're using only assets, because you have no continuing income, you'll need to show you have about $91,125 in assets as of 2016. Mind you, it'll only increase as time goes on.

For a family of three, you need an annual income of 25,200, a family of four you need an annual income of 30,375. Calculating assets is as simple as subtracting your current income (that would continue once you move) from the needed income, then multiply that by 3. So if you make 10,000 a year, and have a family of three, then you'll have to have 45600 in assets. 25,200 - 10000 = 15200. 15200 is what you lack per year, so multiply that by 3 and you have 45600.

Since you make 0$ dollars in terms of money made in the US and money that would continue in the US, it's simply for a family of three, 25200 - 0 = 25200. 25200 x 3 = $75,600.

As for having an infant, no it doesn't speed things up in most cases. I believe there have been SOME cases where high risk pregnancies got a case expedited, but it's rare. Their logic is, you decided to make a baby, you don't get special treatment because you had sex with your wife. Crude, but that's usually how they think.

[Kastrs 723]

Thank you, that's a good bit of info to start with. That's pretty much my nightmare scenario.

Follow-up question... I think I know the advert to this, but...does having an infant child give me any additional options? Does it help in any way with processing speed? I'm reasonably certain the answer is no, but I need to ask.

Thanks.

99.9% of the time having a child/being pregnant does not help at all speed up the process

It is NOT something you should plan on speeding up your process

[Ash.1101 1,756]

Any thoughts on what I would need to show as proof that my income would continue once I moved? I ask because as it happens, the company I work for now is based in the US, so I could actually keep working for them once I move.

In related news... once I move... if I did get a different job, how long would I need to have that job to prove that it´s "stable" before being able to sponsor her visa? Would just having an open-ended employment contract be sufficient?

I believe that a job offer can count or a new contract stating when you'll start working in the US, projected salary, etc. Make sure you also have a place to live set up.

Stability can be subjective for every CO that you meet. Some people can have a job for a couple of months and their CO says it's fine, others CO's say it's not fine. The longer you have the job, the better. They will also look at your past job history, I don't know if they'll take your work abroad into consideration, but they will want to see past tax returns and things like that to help establish it. Ideally though, they want proof you will have or have a stable job in the US.

[EM_Vandaveer 2,408]

Job offer does not matter, job abroad does not matter.

You need a joint sponsor.

[NigeriaorBust 4,087]

Also as a USC you should be filing taxes every year. Most people don't earn enough to owe anything due to foreign tax treaties and income exclusions but you are supposed to file anyway.

[Gringuitico 4]

I like this idea that the job offer COULD be enough. The company I plan to work for is actually a company I used to work for, previously. I think an offer from them would go a long way (since they know me, and I have a few years history with them). Also, I have indeed been filing taxes every year, so I´m safe there.

Also... I´m starting to reconsider whether or not, with my timeline, it might actually be in my best interest to have the kid in the US, after the visa process is over. I won´t leave my partner raising an infant without me. I mean, first, it´s my kid, and I want to be a part of every possible moment. Second, it would be cruel to my partner to leave all that work to her, even with her family here to help... she´s already been through that once, and I don´t to put her (and her family) in that position again.

So... long story short, all I´m really seeking here is to make this move with the least amount of impact, and the least amount of time apart from my partner. Whatever is the least painful way to do this... that´s what I´ll do.

I understand (from other threads here) that she CAN visit me in the US while we´re waiting for her I-130 to process, as long as she has a ticket to leave when she arrives, and then uses it and leaves the country before returning for immigration purposes.

So... we´ll just do whatever causes the least amount of separation.

[Ash.1101 1,756]

Honestly I wouldn't go with something that COULD work, I'm more of a fan of plans and this isn't a process to go with the maybe that might work versus the harder yes this will work. I'd also make sure you have someone who can cosponsor. Much like how a job offer COULD be good enough, it could also NOT be good enough, recent US income could also not be good enough, if you're trying to spend as little time away, you're also making it so you have as little time at your new job as possible which could def cause them wanting you to have a cosponsor for your family.

But, yeah you really need to establish yourself in the US before your family can come here.


I'd also focus less on time lines. You could see people who are speeding on through, but then end up one of the people who end up having an awful immigration experience. The time you're separated becomes out of your control for the most part, aside from visiting.

[jwcir12016 32]

I was in a similar situation as you, except no income on my end. We lived in my husband's country and he worked, we also had a kid during that time. We filed the IR1 and about 8 months after filing I was able to get a job in the US and came back a few months before he followed me to the states. I submitted my signed contract with my salary listed for my new income which qualified above the poverty guidelines and I used a joint sponsor just in case, and had no problems. Of course the separation was difficult for my husband, as I had our infant with me. It seems there is always some sort of sacrifice when dealing with the visa process, however, now that were together in the states, it's like no time was ever lost. Sounds like you have a few plans to throw around, if you think getting a job in the states may be easy for you, go ahead and file when your ready and then start job searching while your visa is being processed, much of the income part concerns you will have to submit when you case is 3-5 months closer to interview. K3's are obsolete (I tried that) so a CR-1/IR-1 will probably take you apprx. a year, keeping that in mind, work your personal timeline around that so you can maximize the time you have with your family. Good luck!

[EdinErvina 2]

We used a joint sponsor for proving the financial part.

[Pennycat 880]

I like this idea that the job offer COULD be enough. The company I plan to work for is actually a company I used to work for, previously. I think an offer from them would go a long way (since they know me, and I have a few years history with them). Also, I have indeed been filing taxes every year, so I´m safe there.

Also... I´m starting to reconsider whether or not, with my timeline, it might actually be in my best interest to have the kid in the US, after the visa process is over. I won´t leave my partner raising an infant without me. I mean, first, it´s my kid, and I want to be a part of every possible moment. Second, it would be cruel to my partner to leave all that work to her, even with her family here to help... she´s already been through that once, and I don´t to put her (and her family) in that position again.

So... long story short, all I´m really seeking here is to make this move with the least amount of impact, and the least amount of time apart from my partner. Whatever is the least painful way to do this... that´s what I´ll do.

I understand (from other threads here) that she CAN visit me in the US while we´re waiting for her I-130 to process, as long as she has a ticket to leave when she arrives, and then uses it and leaves the country before returning for immigration purposes.

So... we´ll just do whatever causes the least amount of separation.

She can visit, but does she have a tourist visa already? If not, she'll need to apply for one, and they can be tricky to get for people who are in serious relationships to people who are living in the US. It's not impossible, they just really, really need proof that it's not an end-run around the fiance/spouse visa process. Personally, I'd apply for a tourist visa for her after you're married, but while you're still living in and established in Costa Rica (not after you've relocated to the US without her, if it comes to that).

You should also know (and honestly, the Guides here should reflect) that the K3 visa sort of functionally "doesn't exist". Basically, they invented that when the spouse visas were taking 2+ years, as a way for the spouse to come to the US and wait for their green card there. You'd apply for both at the same time, and knowing that the spouse visa (that comes with the green card) will take ages, the K3 at least keeps family unity. However, since then, the spouse visas have significantly sped up and are getting out of USCIS and to State quicker than the K3 applications, so State decides to proceed with the spouse visa, and cancels the K3. Long story short: ignore the K3, it'll just confuse you.

Also in terms of timelines, it's *really* hard to thread that needle, when you'd all be able to move together without any separation time. But, it's more like a year solid. I'm not sure what stats page you're looking at, but 5 months is generally the time it takes for USCIS to approve.... but then there's a whole next step with State (National Visa Center and then the consulate). Times fluctuate all the time, though, and averages are averages.

Generally speaking, though, it's best to start sooner than later, and then purposefully drag out the process, rather than need everything to happen now. Let's say you get married soonish, apply 6 months from now, it takes ~9-12 months for it to get to Consulate stage. You then have 2 or 3 months (I am less familiar with the CR1 process than I am with fiance visa process) to take care of the medical appointments etc and schedule an interview, and then when the visa is issued, you can wait up to 6 months to use it. That means that once the Consulate has your package, you've got about a 9 month window of time to play with (please verify that you can wait up to 3 months to schedule an interview. This is true for fiance visa). So, apply in 6 months, Consulate has your package in 18 months, you don't need to schedule medicals/use visa for another 9 months, and there's your 2 year (and 3 month) timeframe. Assuming that you can prove establishing domicile from CR and that you either have a joint sponsor or an employment offer would be sufficient.

As for waiting to have a baby until you're in the US? While it would certainly be logistically easier and cheaper and carry less risk of leaving her alone with the baby/ you needing to be separated from your baby, it's not such a big deal that such a large decision should be unduly influenced by it. If it's all the same to you (having a baby within the next two years vs waiting at least two years), then waiting makes sense. But if you're ready to expand your family, focus on that first.

This user recently went through this process, with the petitioner living in CR the whole time. She may be able to answer questions regarding domicile and sponsorship:

http://www.visajourney.com/timeline/profile.php?id=214597

[pushbrk 12,883]

The only job offer the "could" be enough actually would be enough, and that's a job offer to work in the USA for the same company you now work for in Costa Rica. Otherwise, liquid assets or a joint sponsor.

You're going to have to send in a qualifying affidavit of support several months before the visa is granted, or there will never be a visa interview scheduled.

The K3 visa is no longer an option.

5 months is the statistic for approving a petition, which is the first step in the visa process, not the whole enchilada. Figure on 10 to 12 months from the time the petition is filed.