Income Requirement Becoming a Roadblock

[HopefulAmerican35 0]

Two posts in two days, I'm having some trouble here... lol

 

My partner and I are both 22 years old, she hasn't had a job before and I have been working for 3 years full time in my home country. I have a skill that is in wide demand but not enough to get a work based visa, however I am confident that once I receive a work permit I will be working full time without any problems. 

 

Unfortunately the problems begin here, since she's never worked she doesn't meet the income requirement. Her parents work full time as contractors however she lives with her family of 7 others... None of these are dependent so I believe that at least means the legal household size is just the two of us (someone please correct me if I'm wrong) but we won't meet the 125% requirement. 

 

Even with her father as a sponsor there would be roadblocks as he has a felony and honestly I'm not even sure he makes enough to begin with. The other source of income in the household is her sister's partner who works minimum wage and has a dependent child, raising their income requirement.

 

I have no idea what to do. I feel so stuck. I have all the money I need to start applications and forms but once I leave the country I'll be relying on them. I've stayed with them for months at a time before and survived but in the eyes of the US govt. this is not enough.

 

The only other idea I had was to speak to the local chapter of the LDS church that they're a member of to see if they'll cosponsor me. 

 

Does anyone have any ideas? I really don't know how to continue.

[NigeriaorBust 4,087]

 Churches can't sponsor, a member could but not the church.  Are you currently in the US ?  On what status ? 

[payxibka 10,047]

What does someone's criminal past have to do with sponsorship ability 

[aratamorne 165]

Get married, take the time for your wife to begin working so that with a co-sponsor there are no issues.  Then you can file for a Spousal VISA which will let you begin to work immediately after arriving in the US if you have a job lined up.  At 22 you are young and have plenty of time to do it right so that you are not facing stress and hardship the minute you are in the states.  On a K1, you will not be able to work until you receive an EAD, 6 months after you are married if you are lucky.

[HopefulAmerican35 0]

35 minutes ago, NigeriaorBust said:

 Churches can't sponsor, a member could but not the church.  Are you currently in the US ?  On what status ? 

I meant a member. I'm not in the USA at the moment.

 

35 minutes ago, payxibka said:

What does someone's criminal past have to do with sponsorship ability 

I thought it made them ineligible actually.

 

 

Edited May 19, 2020 by HopefulAmerican35

[HopefulAmerican35 0]

15 minutes ago, aratamorne said:

Get married, take the time for your wife to begin working so that with a co-sponsor there are no issues.  Then you can file for a Spousal VISA which will let you begin to work immediately after arriving in the US if you have a job lined up.  At 22 you are young and have plenty of time to do it right so that you are not facing stress and hardship the minute you are in the states.  On a K1, you will not be able to work until you receive an EAD, 6 months after you are married if you are lucky.

Obviously it isn't the only way to do it but I don't think I can just fly to the US, get married and then come back home on an ESTA can I?

My home country wants $8000 for a marriage visa too.

[payxibka 10,047]

Just now, HopefulAmerican35 said:

Obviously it isn't the only way to do it but I don't think I can just fly to the US, get married and then come back home on an ESTA can I?

Why not?  The US has many destination marriage venues.  

[HopefulAmerican35 0]

Just now, payxibka said:

Why not?  The US has many destination marriage venues.  

All the immigration law sites I've seen say it can cause problems in the future. Thanks for that info then. I was scared they'd consider it marriage fraud lol

[aratamorne 165]

Yes you can fly and get married in the US and go back home.  It is illegal to fly to the US and get married with the intent to adjust status, but if you intend do follow the law and immigrate legally, there is nothing to stop you from that.

Edited May 19, 2020 by aratamorne

[payxibka 10,047]

Just now, HopefulAmerican35 said:

All the immigration law sites I've seen say it can cause problems in the future. Thanks for that info then. I was scared they'd consider it marriage fraud lol

No.   The issue is using a nonimmigrant to come to marry and REMAIN.  If you go home for consular processing,  no problem 

[aratamorne 165]

You could also meet in another country to marry, and then go back home to file all the necessary papers.  No fraud in any of that.

[HopefulAmerican35 0]

Thanks so much for the help.

I do see the CR-1 still has an income requirement. If I have a job offer can I use that?

[geowrian 22,338]

18 minutes ago, HopefulAmerican35 said:

I do see the CR-1 still has an income requirement. If I have a job offer can I use that?

Correct. You can use it as part of the evidence that you are won't become a public charge. It will not meet the I-864 requirements, though.

[JeanneAdil 6,610]

If 7 people live in the house and only 2 work (the father and sister's partner)  the others are all dependent and need to be counted in the support affadivat (all need to be counted) 

not sure why you mention a marriage visa in your country ,  that is not what you are going for unless you want her to move there 

[JFH 12,191]

10 hours ago, HopefulAmerican35 said:

Obviously it isn't the only way to do it but I don't think I can just fly to the US, get married and then come back home on an ESTA can I?

 

I did. Many others have done so too, 

 

Also a felony is not an issue. Both my husband and our joint sponsor have felonies. No issue at all. You can be in prison for multiple murders and still petition a spouse. You can be on parole and be a joint sponsor (assuming the income/assets are in order).