Greetings! ...and some income questions

[LarryTX 0]

Hi...I'm a USC married to a Filipina for 7 years and we just started  the CR-1 visa process.  We had been living in Philippines, but I recently returned to the US to establish residency and begin work to meet the income requirements.  Obviously, we want to minimize our time apart and get them over here ASAP (we have daughter together also).  Getting a co-sponsor is not an option at this time, and assets are few, so my income will have to suffice.

 

My question is....assuming my income starts Sept 1, 2018 and averages $4000/month, what is the earliest date I could file my I-130 and be confident if meeting the requirements?  I will be employed with a company and can provide an employment letter.

 

Do I have to wait for a full calendar year and produce tax returns, or would meeting the 125% poverty level during a 12 month period be enough?  I have had no income in several years and been living off savings, so 3 years of tax returns wont show anything.

 

Any advice, experience or tips are appreciated.  Thanks...Larry

 

 

 

 

[Jojo92122 1,924]

There is no set minimum time.

 

To meet the I-864 financial requirements, you have to show a reliable and stable income.  A brand new job where you weren't working for the last three years does not show a reliable income.  No one can tell you the appropriate amount of "seasoning" of having your job before it's considered reliable and stable.  

 

The CR-1 process will take over a year.  File the I-130 now for your wife.  The I-864 is not needed for another 6-8 months.  You should have your 2018 tax return by then.  

 

Is your daughter a USC?  She may have derived US citizenship from you.  Have your filed for her CRBA and US passport?  If she is not a US citizen, then you would need to file a separate I-130 for her.  

Edited August 16, 2018 by Jojo92122

[LarryTX 0]

Thanks, Jojo.

 

I wasn't planning to file now but rather determine some type of timetable for filing.  If I waited until I had a W-2 meeting the income requirements, it would be Jan 2020 for the tax year 2019 because I wont reach the 25k needed in calendar year 2018.  But if theres at least 6 months before the I864 is needed, then I could at least have a head start on that.

 

Daughter has her US passport and I guess the only issue with her is increasing my household size by 1, and increasing the income requirements by 5k.

 Thanks again.

[LarryTX 0]

Maybe a better way to ask my question is....how long does a sponsor TYPICALLY need to be employed to demonstrate "reliable and steady income?"  Has anyone ever sponsored their spouse based on only 6 months of employment?  Or does it typically require MUCH longer to qualify?  What's your experience?  

 

 

[pushbrk 13,254]

14 hours ago, LarryTX said:

Hi...I'm a USC married to a Filipina for 7 years and we just started  the CR-1 visa process.  We had been living in Philippines, but I recently returned to the US to establish residency and begin work to meet the income requirements.  Obviously, we want to minimize our time apart and get them over here ASAP (we have daughter together also).  Getting a co-sponsor is not an option at this time, and assets are few, so my income will have to suffice.

 

My question is....assuming my income starts Sept 1, 2018 and averages $4000/month, what is the earliest date I could file my I-130 and be confident if meeting the requirements?  I will be employed with a company and can provide an employment letter.

 

Do I have to wait for a full calendar year and produce tax returns, or would meeting the 125% poverty level during a 12 month period be enough?  I have had no income in several years and been living off savings, so 3 years of tax returns wont show anything.

 

Any advice, experience or tips are appreciated.  Thanks...Larry

 

 

 

 

File now.  Affidavits of support would be filed a month or so after petition approval.  That would be 8 to 10 months from now.  Decisions about your qualification are not until the visa interview, 12 to 15 months from now.

[LarryTX 0]

Bumping for more info....

 

I've begun gathering my info to file the I-130 and should have that sent off in a few weeks.  I've also begun a new job, which is my first employment in several years.  Income should be around 45-50K per year.   

 

So now assuming I still have this job when its time to file my affidavit of support in 8-10 months, will I likely qualify to sponsor my wife?  Of course I will meet the 25K income requirement, but will the employment history be enough?  Anyone have (or hear of) a similar situation where the visa was either approved or denied?  What are my odds of approval?  I ask because it would be a waste to file knowing there's no chance for the visa.

 

Thanks for any info...Larry

[pushbrk 13,254]

6 hours ago, LarryTX said:

Bumping for more info....

 

I've begun gathering my info to file the I-130 and should have that sent off in a few weeks.  I've also begun a new job, which is my first employment in several years.  Income should be around 45-50K per year.   

 

So now assuming I still have this job when its time to file my affidavit of support in 8-10 months, will I likely qualify to sponsor my wife?  Of course I will meet the 25K income requirement, but will the employment history be enough?  Anyone have (or hear of) a similar situation where the visa was either approved or denied?  What are my odds of approval?  I ask because it would be a waste to file knowing there's no chance for the visa.

 

Thanks for any info...Larry

Which country will your spouse be coming from?  It makes a difference.

[LarryTX 0]

1 hour ago, pushbrk said:

Which country will your spouse be coming from?  It makes a difference.

Philippines.  We've been married for 7 years, living together all that time, and have a child together...if any of that matters.  She also is well educated and has had a long career as an educator.  

 

Does any of this help our case? I'm only worried about the affidavit of support issue.  Co-sponsor is not available.

[pushbrk 13,254]

Just now, LarryTX said:

Philippines.  We've been married for 7 years, living together all that time, and have a child together...if any of that matters.  She also is well educated and has had a long career as an educator.  

 

Does any of this help our case? I'm only worried about the affidavit of support issue.  Co-sponsor is not available.

Sounds like you will be OK.  Manila is somewhat lenient compared to India, for example.  Current income is king in most Consulates.

[Jorge V 195]

Just curious, is there a reason you didn't file via DCF while you were still in the Philippines? You say that you want to minimize time apart and filing directly in Manila would've given your wife her visa in 3 months or so. 

[LarryTX 0]

8 hours ago, Jorge V said:

Just curious, is there a reason you didn't file via DCF while you were still in the Philippines? You say that you want to minimize time apart and filing directly in Manila would've given your wife her visa in 3 months or so. 

While DCF would have been a much better option, I didn't meet the income requirements while living in Philippines.  

[Jorge V 195]

1 hour ago, LarryTX said:

While DCF would have been a much better option, I didn't meet the income requirements while living in Philippines.  

You don't need to meet the income requirements before filing. With DCF the I864 isn't required until the final step (the interview), so you could have filed the I130 and then moved to the US anytime between filing and the interview. Similarly, with the non DCF route the I864 isn't required until the NVC stage, which is about 8 months after filing. 

[LarryTX 0]

1 hour ago, Jorge V said:

You don't need to meet the income requirements before filing. With DCF the I864 isn't required until the final step (the interview), so you could have filed the I130 and then moved to the US anytime between filing and the interview. Similarly, with the non DCF route the I864 isn't required until the NVC stage, which is about 8 months after filing. 

I don't see how it would have sped the process up any....as the sticking point is the I 864 in both cases.  And that isn't very likely to be approved with only a few months of work history and income.

 

Do you have anything to contribute regarding my questions in this thread?

Edited September 10, 2018 by LarryTX

[Jorge V 195]

3 minutes ago, LarryTX said:

I don't see how it would have sped the process up any....as the sticking point is the I 864 in both cases.  And that isn't very likely to be approved with only a few months of work history and income.

 

Do you have anything to contribute regarding my questions in this thread?

As mentioned above (and in other threads on here) current income is most important. You say that you'll be making $4000/month on average, so $48,000 a year, and that's more than enough income for a household size of two ($20,575). To me your job sounds like a stable and reliable one, which should be enough for the I864 even if you have only been there for a short while. So DCF would've sped up your process by a bunch.

 

I think you're getting hung up on the idea that you need more than a year's worth of stable income when in fact you would likely be ok with only a few months before having to file the I864 (not the I130). Many people on here who file while abroad don't look for US based income until shortly before needing to reestablish domicile, which is also part of the I864.

 

As far as contributing to this thread, keep in mind that people might land on this conversation in the future. I feel it's important to lay everything out so that people are not misinformed when googling this 2 years from now. Someone might be in your situation and think that they need to move to the US a year before their spouse, when in fact they could've filed via DCF, started their job in the US shortly after, and by the time of the interview they would have had 3+ pay stubs to show a stable current income.

[pushbrk 13,254]

10 hours ago, Jorge V said:

You don't need to meet the income requirements before filing. With DCF the I864 isn't required until the final step (the interview), so you could have filed the I130 and then moved to the US anytime between filing and the interview. Similarly, with the non DCF route the I864 isn't required until the NVC stage, which is about 8 months after filing. 

There is no NVC stage when filing DCF.  DCF in Manila is about a three month process.  He could have filed, then moved and gone to work, but would have had a difficult time qualifying with a brand new job, if he even had one in time.  Please read the anonymous quote in my signature.