Requesting Guidance

[684117 15]

34 minutes ago, Jennifer2017 said:

Okay thank you for this information.  Unfortunately, my sister is the only person working in her household as her husband recently quit his job.   My sister's income is not enough to meet the income requirements for a household of 5.  My husband and I were considering sending our savings into my sister's bank account so that she would have enough to qualify.  Besides my sister, I don't know anyone else who would be qualified and willing to be a joint sponsor.

It is an okay idea, yet I would be careful with that, you will have to submit bank statements for the last 12 months if you are including the saving account, you do not want the statement to show a bulk transfer at once. better either send bulk and then wait to print a 12 mos statement that doesn't show this transfer or transfer smaller amounts continuously. 

[Jennifer2017 0]

44 minutes ago, 684117 said:

It is an okay idea, yet I would be careful with that, you will have to submit bank statements for the last 12 months if you are including the saving account, you do not want the statement to show a bulk transfer at once. better either send bulk and then wait to print a 12 mos statement that doesn't show this transfer or transfer smaller amounts continuously. 

Thanks again.  I also forgot to mention that I am an online college student and I have been receiving student loans that we spend as income.   I read online that student loans are not considered as income.  Since I have not travelled back to my hometown,  I haven't yet taken some classes on campus that are required for me to graduate.  Most of the good paying jobs in my hometown require at least an associates degree.  Even if I went back to work, I still wouldn't earn enough income to sponsor my husband because I could only find a low paying part time job until I can graduate with an associates degree.  Sometimes I don't know what to do because I don't want to be separated from my husband to go back and finish school so I can find a good job but that would be the only way I could sponsor him myself.

[Jennifer2017 0]

In addition, I am now one month pregnant and I really want to go to the US and give birth there.   I want my husband to be approved for his permanent visa very soon because after I am six months pregnant I cannot travel by plane.   Also, I really want him to be present for our child's birth and I don't want to go without him.  I can't give birth and bring the baby to Ghana right away because I'll have to get a passport and visa for the baby to be able to enter Ghana since the baby would not be a Ghanaian citizen.  Plus I would have to wait at least 6 months after the baby is born for the yellow fever vaccine to be able to travel back here.  That would separate my husband and I for a year, and for him to be without his child would be unfair.  But I am not sure about giving birth in Ghana because I don't know how safe it would be for me and the baby.

 

In order to simplify things, I would even consider my husband using a tourist visa, as a last resort, to travel with me to the US so I can give birth.  Then some months later we apply for him to adjust status and we both find jobs.  But I have read that using a tourist visa to travel with the intent to immigrate is not a good idea.

 

Can someone please give me any advice as to what might be best? 

[Jennifer2017 0]

UPDATE:  After doing some additional research today and emailing the Embassy again, I gained some useful information.

 

The USCIS stated in an email to me that the affidavit of support is not required to be approved for the I-130 petition.  In addition, the email included a link to a website that gives highly detailed information about the affidavit of support.  The website clearly states that if the case is filed outside of the United States at a Consulate abroad,  then the affidavit of support is not required for the I-130 petition.  Also,  the NVC only requires the affidavit of support if the case is filed in the United States but if the case is filled at an overseas Consulate then the NVC does not require the affidavit of support.

 

USCIS encouraged me to file at the Consulate after I receive my resident permit.

 

My husband has an ongoing business which he runs with his brother.  This income is sufficient for a household of 3 and his brother will be managing the business while my husband is living in the United States with me and our baby.  This will be our monthly income which will be wired into my US bank account.

 

I also have maintained my domicile because I have an apartment in the US with my name on the lease along with my sister's name and she has been working and paying the rent for the past year while I have been living overseas with my husband.   I also have two US bank accounts and I am an enrolled student at a college in my hometown.

 

We will show my husband's income, at the time of the interview, proving that he can support his family without the need of a joint sponsor.

 

Now I am optimistic that we are moving in the right direction and our love can get us through anything

[Zaks 2]

On 6/14/2017 at 10:32 AM, 684117 said:

Your case is very similar to mine. Not here to answer all your questions, but to give guidance that might answer your questions. 

 

- Since you live in Ghana for over 6 months, you are entitled to go through Direct consular filing. (search DCF) and submit your documents to USCIS in Accra. 

 

- You need to prove domicile, as you are not currently in USA. and your sister a a joint sponsor is a must. (Or anyone else) you CANNOT combine assets. the joint sponsor should qualify on his own. 

 

- Yes you can use your husband's assets. that will be on YOUR affidavit of support, which you are also required to file since you are the main sponsor even if you do not qualify. (Even if your assets qualify you, you still need a JS since you do not reside in USA) 

 

- The process is much easier since you are living together currently. ( Expect a visit to your address in Ghana from US marines or any official that will take a tour in your apartment and asks questions_YES IT DOES HAPPEN!!! Especially if DCFing) 

 

- Remember that if you are to live with your sister and her husband, your household size is 5 for now, that is if they don't have kids. if they do add the kids and get the household size. 

 

* If you have any other inquiries please feel free to contact me. I am still in Ghana and would be happy to help you or answer any question on the whole process of DCF. 

Good afternoon. I.am an american urrently living in ghana with my husband and we have filed a cr1.  We are currently checking the website daily to schedule inerview appoinment. But no luck so far.  Please any help u can give us would be greatly appreciated.

[684117 15]

6 hours ago, Zaks said:

Good afternoon. I.am an american urrently living in ghana with my husband and we have filed a cr1.  We are currently checking the website daily to schedule inerview appoinment. But no luck so far.  Please any help u can give us would be greatly appreciated.

Hello Zaks, 

 

Did you file directly with USCIS Accra? If so they will call you, or you can send them an email. Did you get your i-130 approval notice? In cr1, you cannot schedule an appointment, even if you do, they will turn you down when you show up, a cr1 is a green card (conditional) application and not similar to fiancee visa, they will decide when they want your husband to show up after an officer looks at your docs. 

[jan22 3,056]

On 6/15/2017 at 8:27 PM, Jennifer2017 said:

UPDATE:  After doing some additional research today and emailing the Embassy again, I gained some useful information.

 

The USCIS stated in an email to me that the affidavit of support is not required to be approved for the I-130 petition.  In addition, the email included a link to a website that gives highly detailed information about the affidavit of support.  The website clearly states that if the case is filed outside of the United States at a Consulate abroad,  then the affidavit of support is not required for the I-130 petition.  Also,  the NVC only requires the affidavit of support if the case is filed in the United States but if the case is filled at an overseas Consulate then the NVC does not require the affidavit of support.

 

USCIS encouraged me to file at the Consulate after I receive my resident permit.

. . .

We will show my husband's income, at the time of the interview, proving that he can support his family without the need of a joint sponsor.

 

Now I am optimistic that we are moving in the right direction and our love can get us through anything

You have a few mis-understandIngs about tbe information you have gathered.  To try to clarify some of them:

     1.  There is never a requirement for the Affidavit of Support (AOS) for the I-130 petition process.  The AOS is required as part of the visa process, which comes after the petition is approved.  The petition only means you have shown documents that support your claim to the qualifying relationship (i.e., you are in a bonafide marriage with the beneficiary). 

     2.  Once the petition is approved, you then have to meet all the other requirements for immigration -- which includes the ability to be supported in the US without relying on governnent funds.  That's when you need the AOS.

     3.  The NVC is not involved in the visa process at all for petitions that are filed outside the US, which is why the NVC doesn't require the AOS -- that doesn't mean the AOS is not required.  It just means you submit it directly to the Embassy during the visa application process.    

     4.  The petitioner is always required to submit an AOS, whether they meet the income requirements or not.  The beneficIary's income can be included only if the consular officer is convinced the income will continue once the person has immigrated.  That is a decision of the consular officer at the time of the interview.

[Jorge V 195]

14 hours ago, jan22 said:

You have a few mis-understandIngs about tbe information you have gathered.  To try to clarify some of them:

     1.  There is never a requirement for the Affidavit of Support (AOS) for the I-130 petition process.  The AOS is required as part of the visa process, which comes after the petition is approved.  The petition only means you have shown documents that support your claim to the qualifying relationship (i.e., you are in a bonafide marriage with the beneficiary). 

     2.  Once the petition is approved, you then have to meet all the other requirements for immigration -- which includes the ability to be supported in the US without relying on governnent funds.  That's when you need the AOS.

     3.  The NVC is not involved in the visa process at all for petitions that are filed outside the US, which is why the NVC doesn't require the AOS -- that doesn't mean the AOS is not required.  It just means you submit it directly to the Embassy during the visa application process.    

     4.  The petitioner is always required to submit an AOS, whether they meet the income requirements or not.  The beneficIary's income can be included only if the consular officer is convinced the income will continue once the person has immigrated.  That is a decision of the consular officer at the time of the interview.

Just FYI you're replying to a post from 1.5 years ago.

[jan22 3,056]

11 hours ago, Jorge V said:

Just FYI you're replying to a post from 1.5 years ago.

But people are still obviously reading it, so it never hurts to put more accurate information out there, IMO.

[Ontarkie 14,321]

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