Sponsoring my Filipina spouse while outside USA/No cosponsor

[travis1983 0]

Hello.

Right now my wife and I live in China where I am a teacher. We have been married over 3 years and have no kids. Like many I do not wish to go to the US while the spousal visa processes. 

I do not have anyone who can cosponsor. I have a family home in the US (my whole family shares it, it is on family land) and I also maintain my driver license and voter registration and still vote, so I maintain ties and have a domicile. 

What are my options to satisfy the 20k income requirement besides moving back to the US and working there and being apart?

Could I use cash in a US bank? I could satisfy about 30k in a savings account, besides that I have no land or property in my name. 

 

Or could I open a joint business in the Philippines with her?

Anyone with constructive advice, I would appreciate it.

 

Thank you

[Coco8 1,042]

You can use assets but you need much more in assets than you would need in income from a job.

 

For 2 people your income would have to be of roughly 20,000 per year

 

To be a sponsor only using assets, for 2 people and 0 income, you would need to have 5*20,000 =100,000 in assets. That means property you own (you cannot have a mortgage), savings, etc. So basically 30,000 in savings is not enough. The "family home" has to be on your name and you've have to find out how much your share is worth to be able to use it as an asset. 

 

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

Edited July 24, 2017 by Coco8

[geowrian 22,338]

Yes you can use US bank assets, but you would need 3x the required income level (125% of the poverty level for the household) as a bare minimum. If your household size is just the 2 of you, that would be around $60,000.

 

Opening a joint business would likely not beneficial. First, you would have to prove that the income from said business met the required income level, and second you would have to show that the income from the business would continue after returning to the US.

 

1 minute ago, Coco8 said:

For assets, for 2 people and 0 income, you would need to 5*20,000 =100,000 in assets.

It's the 3x rule for a spouse.

[Coco8 1,042]

4 minutes ago, geowrian said:

It's the 3x rule for a spouse.

Yes, sorry, my bad. The 3 comes from the household size + 1, so it is 2+1=3

 

So you'd need roughly 20,000*3 =60,000 

 

You say you can have 30,000 in savings. You'd need to find out the family property, whether you are a co-owner and how much your share is worth. It seems doable.

 

 

Edited July 24, 2017 by Coco8

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Cyberfx1024 7,980]

11 hours ago, travis1983 said:

Hello.

Right now my wife and I live in China where I am a teacher. We have been married over 3 years and have no kids. Like many I do not wish to go to the US while the spousal visa processes. 

I do not have anyone who can cosponsor. I have a family home in the US (my whole family shares it, it is on family land) and I also maintain my driver license and voter registration and still vote, so I maintain ties and have a domicile. 

What are my options to satisfy the 20k income requirement besides moving back to the US and working there and being apart?

Could I use cash in a US bank? I could satisfy about 30k in a savings account, besides that I have no land or property in my name. 

 

Or could I open a joint business in the Philippines with her?

Anyone with constructive advice, I would appreciate it.

 

Thank you

Have you been paying taxes off of your income? I take it you don't make the income requirement so you need a sponsor? 

[Coco8 1,042]

4 hours ago, cyberfx1024 said:

Have you been paying taxes off of your income? I take it you don't make the income requirement so you need a sponsor? 

He lives in China. To be a sponsor with income you have to live in the US.

 

That said, OP needs to have submitted taxes because they will be requested. 

Edited July 24, 2017 by Coco8

[Cyberfx1024 7,980]

1 minute ago, Coco8 said:

He lives in China. To be a sponsor with income you have to live in the US.

That said, OP needs to have submitted taxes because they will be requested. 

If he lives in China but has been paying taxes he could then use his home of residence and file for a CR-1 visa. I did when I worked in Afghanistan but I also had help from a lawyer.