Financial / income requirements for alien relative

[Mile2509 0]

Hi everyone,

 

I'm an Italian man married to US citizen since Oct 2015. We both currently live in the UK where she posses a UK residency card. We now want to move to the States.

 

Is it best to start petitioning from the UK via US consulate or get into the States and start filing from there? Which one is the best path to follow, considering we won't have any income once in the States as we'll have to find jobs etc..

 

Any help is much appreciated.

 

[geowrian 22,337]

She will need to meet the financial requirements in income/assets, OR find a joint sponsor.

Income requirements: https://www.uscis.gov/i-864p

Assets can be used at a 3:1 ratio to cover an income gap (i.e. $3 i assets = $1 in income).

 

Hopefully she's current on on her US federal taxes, since those are required either way.

She will also need to have US domicile or show sufficient intent to establish US domicile.

Fastest option is DCF via the London embassy. ETA: a few months vs ~12-16 months filing from the US.

Edited September 13, 2018 by geowrian

[Mile2509 0]

Thanks for replying Geowrian.

 

As for joint sponsors, would it be possible for my parents in-law to help?

 

As the difference is substantial in amount of time they take to process the visa, would you think it's best to adjust my status once in the States, so while 12-14 months have passed, she could have an entire tax year on her shoulder? And possibly me too with a work permit...?!?

[pushbrk 12,969]

5 minutes ago, Mile2509 said:

Thanks for replying Geowrian.

 

As for joint sponsors, would it be possible for my parents in-law to help?

 

As the difference is substantial in amount of time they take to process the visa, would you think it's best to adjust my status once in the States, so while 12-14 months have passed, she could have an entire tax year on her shoulder? And possibly me too with a work permit...?!?

Her parents can act as joint sponsors.  Filing for an immigrant visa for a spouse of a US Citizen would be not only the fastest but the cleanest, simplest and least expensive way to accomplish what you want.  Start by going to the US Embassy website and read about how to file directly with the USCIS field office there.  Study the guides here and the I-130 instructions.

[Mile2509 0]

2 minutes ago, pushbrk said:

Her parents can act as joint sponsors.  Filing for an immigrant visa for a spouse of a US Citizen would be not only the fastest but the cleanest, simplest and least expensive way to accomplish what you want.  Start by going to the US Embassy website and read about how to file directly with the USCIS field office there.  Study the guides here and the I-130 instructions.

That's exactly what we would love to do: cleanest and honest way to make it there. We're reading lots about the visa application but we got stuck when reading about the income requirements and timeline.

It gets confusing because of course we want to get there and start working, get a house etc...but we're living in the UK right now so obviously we won't have a US income any soon and we won't risk a refused application so I couldn't visit my family in-law in the US for years.

[geowrian 22,337]

28 minutes ago, Mile2509 said:

As the difference is substantial in amount of time they take to process the visa, would you think it's best to adjust my status once in the States, so while 12-14 months have passed, she could have an entire tax year on her shoulder? And possibly me too with a work permit...?!?

It is fraud to enter on an ESTA or tourist visa with intent to adjust status. This plan would not be legal.

She can file in the US and use that time to find a US job, return and work there, and use that to qualify. You can also hold off pursuing the visa after filing the I-130 via DCF...usually up to a year without any updates, but stay in contact with the embassy anyway. That gives time to return to the US for a job as well.

Edited September 12, 2018 by geowrian

[Mile2509 0]

11 minutes ago, geowrian said:

It is fraud to enter on an ESTA or tourist visa with intent to adjust status. This plan would not be legal.

She can file in the US and use that time to find a US job, return and work there, and use that to qualify. You can also hold off pursuing the visa after filing the I-130 via DCF...usually up to a year without any updates, but stay in contact with the embassy anyway. That gives time to return to the US for a job as well.

Thanks, that clarifies all. I will definitely contact the embassy in London and have more info about the DCF from here.

Thanks everyone for your time.

[pushbrk 12,969]

9 hours ago, Mile2509 said:

Thanks, that clarifies all. I will definitely contact the embassy in London and have more info about the DCF from here.

Thanks everyone for your time.

You don't have to "contact them" until you are ready to file.  Go to their website to get the information you need.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[Jorge V 195]

Here's an official website provided by the London embassy. It should give you everything you need to submit your I130. You'll want to specifically check out the checklist for spousal I130s which provides you with everything you need to file.

 

Note that the embassy's instructions differ from the standard USCIS instructions. As mentioned on their site, the embassy's instructions supersede any others. For example, London does not require DCF filers to submit any evidence of bona fide marriage with the I130, they instead request it at the interview stage. 

 

You might also want to check out USCIS London's official website where they provide extra info and contact details. Note that your I130 will not be processed by the embassy, it'll instead be processed by the USCIS London field office. They're in the same building but technically different departments of government. Once the USCIS field office approves your I130, your case is officially transferred to the embassy for your interview. 

Edited September 13, 2018 by Jorge V

[Mile2509 0]

Hi thanks everyone for the support.

 

I have a question as we are now filing the I-130. In form G-1450 it says to place the form on top of our application, but a couple of sentences after it states, "do not submit this form to a USCIS Field Office,"  but the London Field Office is where we need to send the application.

 

This is confusing. - Any help?

 

Thanks

[Jorge V 195]

3 hours ago, Mile2509 said:

Hi thanks everyone for the support.

 

I have a question as we are now filing the I-130. In form G-1450 it says to place the form on top of our application, but a couple of sentences after it states, "do not submit this form to a USCIS Field Office,"  but the London Field Office is where we need to send the application.

 

This is confusing. - Any help?

 

Thanks

As mentioned above you'll find differences between the official USCIS instructions and the local field office's. Many field offices do not accept credit card payments, so G-1450 is not required. London, however, does accept credit card payments. So again, if you find conflicting information then use the field office's instructions. The London field office's official checklist lists the G-1450 as an item, so submit it.

 

Just to confirm, London's embassy website says this:

 

Quote

 if there is a conflict between the [official] instructions and the above checklists that are provided for submitting the I-130 to the London Field Office, you should follow the checklists

 

[Mile2509 0]

On 9/12/2018 at 1:24 PM, geowrian said:

Hopefully she's current on on her US federal taxes, since those are required either way.

She isn't. She moved to EU 10 years ago so she is not paying US taxes in years (apart from student loans which she is repaying yearly).

Would this disqualified her?

[geowrian 22,337]

6 minutes ago, Mile2509 said:

She isn't. She moved to EU 10 years ago so she is not paying US taxes in years (apart from student loans which she is repaying yearly).

Would this disqualified her?

If she had income above the minimum thresholds to file, then yes it will be an issue until she files her backed taxes for at least the past 3 years.

[Mile2509 0]

4 minutes ago, geowrian said:

If she had income above the minimum thresholds to file, then yes it will be an issue until she files her backed taxes for at least the past 3 years.

Considering I'm not sure how much is the minimum threshold, we'll have to read about this if I could find anything that talks about the financial side of the story.

Any links to read more about it?