Unemployed seeking to be with significant other

[eratsu10 0]

My partner and I are both unemployed. I am a citizen of US and she of Norway. My mother is willing to sponsor, but my mother does not file income taxes and neither do I, but she owns a house valued at $230,000. We are both trans women (born male) and have been together online for over a year and are going to begin visiting each other beginning in summer. The whole immigration process scares both of us, and gives us an existential fear that we wont be able to be together due to our situations. I would seek employment if I could however I am 24 hour nurse for my disabled mother. What are our options to get past affidavit of support, and the easiest visa type for us to qualify for. At the moment considering if I will need to beg estranged relatives that reject me for being trans to sponsor my partner in the future.

 

Also as a point of clarification, we do not intend to leech off the government. Once she lives with me, she can care for my mother while I work or vise versa. Before I became m mothers nurse I used to earn enough to qualify to sponsor, but that was 8 years ago.

[SalishSea 17,842]

1 minute ago, eratsu10 said:

My partner and I are both unemployed. I am a citizen of US and she of Norway. My mother is willing to sponsor, but my mother does not file income taxes and neither do I, but she owns a house valued at $230,000. We are both trans women (born male) and have been together online for over a year and are going to begin visiting each other beginning in summer. The whole immigration process scares both of us, and gives us an existential fear that we wont be able to be together due to our situations. I would seek employment if I could however I am 24 hour nurse for my disabled mother. What are our options to get past affidavit of support, and the easiest visa type for us to qualify for. At the moment considering if I will need to beg estranged relatives that reject me for being trans to sponsor my partner in the future.

 

Also as a point of clarification, we do not intend to leech off the government. Once she lives with me, she can care for my mother while I work or vise versa. Before I became m mothers nurse I used to earn enough to qualify to sponsor, but that was 8 years ago.

Does your mother have no income at all?  I am not sure if her house, as an asset, could be included, as you will still have to be the primary sponsor.  Sponsorship is based on federal poverty income guidelines, but it is also discretionary per the consular officer, who has to make the public charge evaluation based on the totality of circumstances.  You should also be aware that to adjust status (get initial green card) from a K-1, the income requirements are higher still.

 

Have you met yet?  You will need to meet in person in order to qualify for a fiance visa.  

 

Are you both legally able to marry, i.e. any previous marriages have been legally dissolved already?

[geowrian 22,337]

Options are either a K-1 for a fiancee or CR-1 for a spouse. If finances are a concern, then I very strongly suggest the CR-1 - it's a little cheaper plus it lets one work upon entry (vs.several months for a K-1).

Note that being a caretaker - even if no money is involved - can be considered work. Basically, if it reasonably displaces a US-authorized worker, then she needs to be allowed to work. It sounds like that's the case here.

 

It doesn't sound like your mother would be a good sponsor, sorry. It's not reasonable that somebody would sell their house to provide for the intending immigrant.

A house can be considered an asset, but being the sole source of income or assets is not going to cut it.

I would look for another individual.

Edited March 20, 2019 by geowrian

[eratsu10 0]

My mother receives 2300 a month from ssi or ssa forgot which and a pension from boeing all together, but has extensive medical fees and doesn't qualify to pay taxes so she adamantly refuses to file. When my mother passes the property does pass to me, but that is not something I'd hope for, and hopefully far off.

We are planning to be meeting this summer with a month visit here, then a month visit there in fall, and a 90 ish day visit in spring, which we would make final decisions during. Currently we just video chat most of day everyday.

 

We are both legally able to marry.

[USS_Voyager 1,972]

I agree. That house doesn’t mean much because all of you will have to live there.

 

Honestly, if both your mom and you don’t work now, how are you able to live? Much less provide for another person? I don’t mean to be rude, but that’s what the consular officer interviewing your partner is gonna ask.

[SalishSea 17,842]

16 minutes ago, USS_Voyager said:

I agree. That house doesn’t mean much because all of you will have to live there.

 

Honestly, if both your mom and you don’t work now, how are you able to live? Much less provide for another person? I don’t mean to be rude, but that’s what the consular officer interviewing your partner is gonna ask.

Another good thing to know is that immigration is a very expensive process.  

[SalishSea 17,842]

18 minutes ago, eratsu10 said:

My mother receives 2300 a month from ssi or ssa forgot which and a pension from boeing all together, but has extensive medical fees and doesn't qualify to pay taxes so she adamantly refuses to file. When my mother passes the property does pass to me, but that is not something I'd hope for, and hopefully far off.

We are planning to be meeting this summer with a month visit here, then a month visit there in fall, and a 90 ish day visit in spring, which we would make final decisions during. Currently we just video chat most of day everyday.

 

We are both legally able to marry.

Being in arrears on filing federal taxes (even if no money is owed) will put a spanner into the works for sure, when it comes to sponsorship/co-sponsorship.

[geowrian 22,337]

21 minutes ago, eratsu10 said:

My mother receives 2300 a month from ssi or ssa forgot which and a pension from boeing all together, but has extensive medical fees and doesn't qualify to pay taxes so she adamantly refuses to file.

The items in bold are conflicting. One is required by law to file taxes is their income is above a minimum threshold (which is well below the federal poverty line). This applies even if all income is excluded from being taxed ($0 tax liability).

For sponsorship, she is required to have filed taxes for at least the past 3 years.

 

Quote

We are planning to be meeting this summer with a month visit here, then a month visit there in fall, and a 90 ish day visit in spring, which we would make final decisions during. Currently we just video chat most of day everyday.

Good luck on the journey.

Reminder that she must intend to return home when she visits (she can't come with intent to stay/file for residency).

Edited March 20, 2019 by geowrian

[Boiler 45,557]

Agree with the others you need a Joint Sponsor who can meet the requirements.

[eratsu10 0]

8 minutes ago, geowrian said:

The items in bold are conflicting. One is required by law to file taxes is their income is above a minimum threshold (which is well below the federal poverty line). This applies even if all income is excluded from being taxed ($0 tax liability).

For sponsorship, she is required to have filed taxes for at least the past 3 years.

 

Good luck on the journey.

Reminder that she must intend to return home when she visits (she can't come with intent to stay/file for residency).

I honestly am unsure for my mothers taxes. We had considered hiding her here, but the penalty of never being able to come to us again, and possible criminal charges is to big a price.

Is there an option for a non joint sponsor, or does sponsor need to be able to cover the detriment I offer towards sponsorship of partner?

Edited March 20, 2019 by eratsu10

[SalishSea 17,842]

1 minute ago, eratsu10 said:

I honestly am unsure for my mothers taxes. We had considered hiding her here, but the penalty of never being able to come to us again, and possible criminal charges is to big a price.

Uhhhhh, you had considered 'hiding' your Norwegian gf in the US?  

[geowrian 22,337]

1 minute ago, eratsu10 said:

We had considered hiding her here, but the penalty of never being able to come to us again, and possible criminal charges is to big a price.

Nobody here is going to - nor is permitted to - advise or condone that. You'll make things much worse for everybody.

Find a different sponsor. Work side jobs from home if needed. You can include the beneficiary's assets for consideration as well...they can presumably work and save some money as well?

[eratsu10 0]

7 minutes ago, geowrian said:

Nobody here is going to - nor is permitted to - advise or condone that. You'll make things much worse for everybody.

Find a different sponsor. Work side jobs from home if needed. You can include the beneficiary's assets for consideration as well...they can presumably work and save some money as well?

I am not asking for such advice, merely responding that it was not our intent to do so.

 

If we were to marry and just keep doing visits to one another would there be a point where we would qualify for something without requiring sponsorship.

 

Edit: How do their assets count, does their income count towards sponsorship though they would lose job when they moved, or saved money?

Edited March 20, 2019 by eratsu10

[geowrian 22,337]

1 minute ago, eratsu10 said:

If we were to marry and just keep doing visits to one another would there be a point where we would qualify for something without requiring sponsorship.

No.

[nastra30 2,287]

Op, Bless you for taking care of your mom. 

Now, you trying to petition your loved one is an expensive endeavor and you'll be considered the primary sponsor even if you don't earn income. You'll need a joint sponsor to help with the affidavit of support, which based on what you've said your mom just can't be the joint sponsor as she is not financially suited to be one and she hasn't file taxes in a long time. Unfortunately, you'll need someone else to be your joint sponsor.

All the best with your mom and your partner.