I-130 pending for Husband, N400 is pending for me, tired of waiting here in USA

[DesiGirlChicago 52]

Hello Friends,

 

We married last year in India and I came back to USA alone as my husband's H1b company has shut shop. While his I-130 is on slow moving track, I have now filed for my N400 and also attended the interview. Due to a silly RFE, my Oath has delayed a bit. The continuous uncertainty and long long wait is impacting us. I am visiting India every 2-3 months so I can be with my husband. Below are our timelines.

 

N400 - Biometric Sep 2019, Interview - 23 Jan 2020, Received RFE, replied on 30 Jan 2020. Updates awaited

I-130 - Priority date 02 Dec 2019. NOA2 Updates awaited.

 

I really need help / guidance for below points from well experienced friends-

1. I am in a private jobs and my visits to India impacts continuity of my job. It risks me of getting fired from job unfortunately. Also, since my monthly earnings from job are not more than 2K, we are worried for Public Charge issue. Both of us are masters degree holders. He is in IT and have lived in US till 2018 and was making around 80K. What precautions we should take? We do have collective saving in US and India of around 60K.

 

2. Once my Citizenship arrives by (expecting  by May/June), I am planning to stay with him in India for 4-5 months. Does that mean we need to keep the rental house (and pay its rent without being in it) and car. Or will they help in proving our Domicile? I have a sister in Texas, she is LPR. Can I show her address for domicile?

 

3. For how long the I-130 wait and NVC process is expected? Both N400 and I 130 are filed from Chicago.

 

[NikLR 13,227]

India is really picky about the I-864.  They need the last 3 years plus current income being above the poverty guidelines.  Moving to India shouldn't be a option for you right now when you're already about to be fired. His past income doesn't matter.  Your savings helps but not if you spend it. 

 

[Timona 4,207]

I support @NikLR. Every 2-3 months visit to India while risking termination is an overkill. More so, you don't have enough funds. I think the best option is to stay put and save your money.

[DesiGirlChicago 52]

52 minutes ago, NikLR said:

India is really picky about the I-864.  They need the last 3 years plus current income being above the poverty guidelines.  Moving to India shouldn't be a option for you right now when you're already about to be fired. His past income doesn't matter.  Your savings helps but not if you spend it. 

 

Thanks NikLR.  Please suggest - 

Does I-864 depends on India for being picky?

I cannot change my last 3 years of income now so can I ask my sister to be a co-sponsor?

How much in cash/assets is needed to be shown for I-864 ?

[DesiGirlChicago 52]

21 minutes ago, Timona said:

I support @NikLR. Every 2-3 months visit to India while risking termination is an overkill. More so, you don't have enough funds. I think the best option is to stay put and save your money.

60K not enough to be above poverty?

[SusieQQQ 11,586]

17 minutes ago, DesiGirlChicago said:

60K not enough to be above poverty?

For assets, it must be 3x the difference between income and the poverty guideline for a spouse if you are a citizen, otherwise it is 5x. So it should be ok. You are kind of vague about your income so it’s hard to be sure. Remember this is minimum. Hopefully they take your husband's past work history/ability to get decent job in US into account so don’t go above the minimum requirements as they do in some cases. 

 

Separately, I am at a loss to understand how someone with a masters degree is basically earning minimum wage in this economy. Have you considered moving somewhere with better job opportunities?

 

I agree you probably need to be spending more time at home rather than traveling to India, you have domicile issues to prove as well, it’s not just the money issue to worry about (though that is important). Using your sisters house might not be acceptable, its not just an address they want, domicile means living in a place.

 

By the way, what was the RFE for your n400 about?

Edited February 23, 2020 by SusieQQQ

[DesiGirlChicago 52]

2 minutes ago, SusieQQQ said:

For assets, it must be 3x the difference between income and the property guideline for a spouse if you are a citizen, otherwise it is 5x. So it should be ok. You are kind of vague about your income so it’s hard to be sure. Remember this is minimum. Hopefully they take your husband's past work history/ability to get decent job in US into account so don’t go above the minimum requirements as they do in some cases. 

 

Separately, I am at a loss to understand how someone with a masters degree is basically earning minimum wage. Have you considered moving somewhere with better job opportunities?

 

I agree you probably need to be spending more time at home, you have domicile issues to prove as well. Using your sisters house might not be acceptable, its not just an address they want, domicile means living in a place.

 

By the way, what was the RFE for your n400 about?

Thanks Susie. Am a textile designer but such jobs are hardly available in US so working as private school teacher for a year now. I have recently enrolled to be a district school teacher/ substitute for a decent paying job. Hopefully I will get that in few months.

 

So for domicile, we need to keep the rental house and car too. Well that will sure decrease our saving by 10K in 5-6 months. 

 

Distance from husband is frustrating...I wish LPR spouse were given something as dependent visa as they have in UK / Canada or at least like H4.

[SusieQQQ 11,586]

“Dependent visa” doesn’t count for green card applications, surely you’d rather have him with the big prize than just a dependent for years. You can be thankful in the meantime that F2A category is current at the moment vs normal 2 years or so priority date wait.

 

Hm, like I said, region matters for jobs, I happen to know there are a number of good opportunities for textile designers in my area. Anyway good that you have an alternative, but I am surprised private school teaching pays so low, definitely not the case everywhere, anyway good luck with your new qualifications and hoping it gets you where you want to be.  And to state the obvious ..if you are staying and working rather than living in India you wouldn’t just be running down savings to pay rent. Also I presume your husband is working at the moment and helping savings? I know it’s tough but I suggest you keep your eyes on the final goal and work towards that, rather than jeopardize it by too frequent /too much time abroad affecting savings and domicile especially when your income is already borderline.
 

 

[NikLR 13,227]

1 hour ago, DesiGirlChicago said:

Thanks NikLR.  Please suggest - 

Does I-864 depends on India for being picky?

I cannot change my last 3 years of income now so can I ask my sister to be a co-sponsor?

How much in cash/assets is needed to be shown for I-864 ?

The I-864 is the affidavit of support. India is picky about previous and current income.  You need a well qualified joint sponsor or more than enough assets by interview.  60k in assets isn't enough if you're not working, thus also needing a joint sponsor.  While they have to accept that you have a joint sponsor, that doesn't mean they will accept the joint sponsor you provide. 

 

Yes living apart is hard. But if you guys want to live here and not India, this is how the path goes.  You certainly could just move to India and you guys could likely be happy there as well. 

[DesiGirlChicago 52]

23 minutes ago, NikLR said:

The I-864 is the affidavit of support. India is picky about previous and current income.  You need a well qualified joint sponsor or more than enough assets by interview.  60k in assets isn't enough if you're not working, thus also needing a joint sponsor.  While they have to accept that you have a joint sponsor, that doesn't mean they will accept the joint sponsor you provide. 

 

Yes living apart is hard. But if you guys want to live here and not India, this is how the path goes.  You certainly could just move to India and you guys could likely be happy there as well. 

I do not understand why you are mentioning India for being picky. Do Indian government have any say in I-864 ? Please explain.

Any reasons to be skeptical for our joint sponsor plan without knowing their asset worth?

 

Your statements are'nt motivating, sadly.

Edited February 23, 2020 by DesiGirlChicago

[SusieQQQ 11,586]

1 minute ago, DesiGirlChicago said:

 

 

Your statements are'nt motivating, sadly.

In defense of my fellow poster(s)

”motivating” isn’t always what is needed, you need good advice to help you successfully petition for your husband.  Sometimes that means understanding that it’s not what you want to hear because it’s a more difficult path. What is the point of people here saying - sure go ahead with your current plan (I guess that’s what you mean by being motivating), when we think it (maybe significantly) reduces your chances of success? 

 

 

[Unlockable 7,314]

***Mod Warning. Please keep this topic civil. Keep in mind that each country will have a different experience than others. One country may experience tougher immigration scrutiny than others. Also, do not make any comments or generalization about other nationalities or administrative action will be taken.

 

VJ Moderation

[NikLR 13,227]

1 hour ago, DesiGirlChicago said:

I do not understand why you are mentioning India for being picky. Do Indian government have any say in I-864 ? Please explain.

Any reasons to be skeptical for our joint sponsor plan without knowing their asset worth?

 

Your statements are'nt motivating, sadly.

No the US embassy in India that processes the visas is picky about public charge issues.  If you fill out your profile completely you can use the portal feature to find other topics by people who are going through the same country as the beneficiary.  You can also visit the regional forums for more details on embassy and country specific items.  

Edited February 23, 2020 by NikLR

[NikLR 13,227]

My comment about well qualified means just meeting the poverty guidelines wont cut it but if your joint sponsor is well qualified then you don't need to worry about using them.  

[cd37 229]

5 hours ago, DesiGirlChicago said:

Hello Friends,

 

We married last year in India and I came back to USA alone as my husband's H1b company has shut shop. While his I-130 is on slow moving track, I have now filed for my N400 and also attended the interview. Due to a silly RFE, my Oath has delayed a bit. The continuous uncertainty and long long wait is impacting us. I am visiting India every 2-3 months so I can be with my husband. Below are our timelines.

 

N400 - Biometric Sep 2019, Interview - 23 Jan 2020, Received RFE, replied on 30 Jan 2020. Updates awaited

I-130 - Priority date 02 Dec 2019. NOA2 Updates awaited.

 

I really need help / guidance for below points from well experienced friends-

1. I am in a private jobs and my visits to India impacts continuity of my job. It risks me of getting fired from job unfortunately. Also, since my monthly earnings from job are not more than 2K, we are worried for Public Charge issue. Both of us are masters degree holders. He is in IT and have lived in US till 2018 and was making around 80K. What precautions we should take? We do have collective saving in US and India of around 60K.

 

2. Once my Citizenship arrives by (expecting  by May/June), I am planning to stay with him in India for 4-5 months. Does that mean we need to keep the rental house (and pay its rent without being in it) and car. Or will they help in proving our Domicile? I have a sister in Texas, she is LPR. Can I show her address for domicile?

 

3. For how long the I-130 wait and NVC process is expected? Both N400 and I 130 are filed from Chicago.

 

You dont need to visit india every 2-3 months to prove your marriage to USCIS and DOS. Dont go to india after getting citizenship, if u go how you are going to prove your financial sponsorship without a job. Just continue working here and wait until his gc process is complete. Make sure you are making above poverty guidelines.