Questions around both being overseas and the annual income and poverty line etc

[Siimba 1]

Hi!

 

Just joined, so first topic, hopefully the only one. But me and my Wife to be have had this discussion and thoughts and we need some guiding on what to do.

 

So our initial plan was to go back to New Zealand and work as we are able to be sponsored back, also so we can be together through out the long process of CR1 Visa. I am a Swedish citizen by the way.

 

We have been together for 3 years now and sort of had a long distance relationship twice when she have been home in US and working for some months. That be said, I think her annual income for the last 3 years in US have been roughly around 15 000 USD for like 4-5 months each year of working, that obviously wont bring us over the poverty line, but we both have around 15 000 USD each in savings, so put them together we are going over the 125 % line, if the calculator I used work correctly :) .

 

So she is obviously residential in the US, seasonally for now and last 4 years. Still have a bank account and driving license etc.

So might this somehow bring any red flags for the immigration, NVC or whoever is  gonna deal with the visa progress at that part? This is the part that my Fiancee is getting worried about and she have almost decided to just stay in the US and work to get the annual income up and not get any red flags around us just because she haven't lived the whole 12 months every year in the US since 2014.

 

So any thoughts or tips about this subject? Really would appreciate it and have some ease in mind for her ;) 

 

Cheers!

[geowrian 22,337]

21 minutes ago, Siimba said:

That be said, I think her annual income for the last 3 years in US have been roughly around 15 000 USD for like 4-5 months each year of working, that obviously wont bring us over the poverty line, but we both have around 15 000 USD each in savings, so put them together we are going over the 125 % line, if the calculator I used work correctly .

Assets must be at 3x the required income level/gap for a spouse. So $30,000 in assets is equivalent to about $10,000 in income, making the total income about $25,000. This is above the minimum income level for a household size of 2, but may or may not be sufficient for the CO. The CO looks at the totality of the circumstances for the public charge concern.

 

24 minutes ago, Siimba said:

But me and my Wife

24 minutes ago, Siimba said:

This is the part that my Fiancee

😕 Is she your fiancee or wife? Huge difference.

 

This situation is not a red flag at all, but she may or may not need a joint sponsor given the income level noted above.

[Siimba 1]

To be after Wife, if you didn't notice it

[geowrian 22,337]

15 minutes ago, Siimba said:

To be after Wife, if you didn't notice it

Ah, I read that line another way. Gotcha.

[pushbrk 12,898]

You don't necessarily need the past years of income to be above the minimum.  However, you will separately state "current income" on the affidavit of support, at the NVC stage of the process.  (Some 8 to 11 months AFTER filing the petition)  It is at THAT time the US Citizen Petitioner's "current income" will be stated.  Only income that will continue from the same source after returning to the US can be counted.  If you are both living in New Zealand and she has not job in the USA, that "current income" will be ZERO, making the income SHORTFALL whatever the full minimum 125% for your THEN household size would be.  

Under those circumstances, a joint sponsor who qualifies for their own household PLUS the intending immigrant will be needed, no matter how much money the US Citizen Petitioner may have earned and shows on previous tax returns.