Advice/Experience: Whole family living abroad, no U.S. income

[AJMC 1]

How have peoples experience been applying for a green card through consular processing (in our case in Germany) for a spouse when both spouses plus kids currently still live abroad and do not have any U.S. income. The ones applying for the green card will be my wife (stay-at-home mother) and my step-son, both not having any income and the only assets potentially being cash in our german joint bank account.

 

If we do find a sufficient joint-sponsor in the U.S. and we have some cash saved up ourselves (asset), is it still worth applying for a green card from abroad? Especially with this new public charge rule it seems difficult to get a green card for a stay-at-home mother with no income or job and little education and the U.S. citizen husband / main sponsor only having income from abroad / no U.S. income. The other inhumane option would be for me (U.S. citizen) to move back to the U.S. alone to get a sufficient job while my wife and kids stay abroad for the green card process.

We would really appreciate any help on this matter for our journey!

 

 

[JFH 12,192]

Well how are you planning on supporting yourselves when you get here? 
 

You have two options: joint sponsor or you return ahead of them and find a job that makes enough to fulfill the requirements. Almost all of us went through some form of separation during this process. Many of us for extended periods of time. It didn’t kill us and it won’t kill you. 

[Lucky2Lucky 2,526]

56 minutes ago, AJMC said:

How have peoples experience been applying for a green card through consular processing (in our case in Germany) for a spouse when both spouses plus kids currently still live abroad and do not have any U.S. income. The ones applying for the green card will be my wife (stay-at-home mother) and my step-son, both not having any income and the only assets potentially being cash in our german joint bank account.

 

If we do find a sufficient joint-sponsor in the U.S. and we have some cash saved up ourselves (asset), is it still worth applying for a green card from abroad? Especially with this new public charge rule it seems difficult to get a green card for a stay-at-home mother with no income or job and little education and the U.S. citizen husband / main sponsor only having income from abroad / no U.S. income. The other inhumane option would be for me (U.S. citizen) to move back to the U.S. alone to get a sufficient job while my wife and kids stay abroad for the green card process.

We would really appreciate any help on this matter for our journey!

 

 

You may think it is inhumane but that is usually what has to happen if your income will not continue int he US. The "new public charge rule" is not new FYI- it's just more in the forefront that it was previously. You did not mention if you have or don't have proof of domicile in the US but wanted to briefly mention it as something you need to  do if you haven't already have that figured out. 

 

If you find a sufficient joint sponsor you don't have to worry about your cash assets. If you use your cash assets they must be 3x over the poverty level for your family size. 

[The4Sands 67]

1 hour ago, AJMC said:

How have peoples experience been applying for a green card through consular processing (in our case in Germany) for a spouse when both spouses plus kids currently still live abroad and do not have any U.S. income. The ones applying for the green card will be my wife (stay-at-home mother) and my step-son, both not having any income and the only assets potentially being cash in our german joint bank account.

 

If we do find a sufficient joint-sponsor in the U.S. and we have some cash saved up ourselves (asset), is it still worth applying for a green card from abroad? Especially with this new public charge rule it seems difficult to get a green card for a stay-at-home mother with no income or job and little education and the U.S. citizen husband / main sponsor only having income from abroad / no U.S. income. The other inhumane option would be for me (U.S. citizen) to move back to the U.S. alone to get a sufficient job while my wife and kids stay abroad for the green card process.

We would really appreciate any help on this matter for our journey!

 

 

Even with a joint sponsor, you still may have to go ahead of your family.  I am in the same position (I am the USC) and we have a joint-sponsor who makes more than enough to fulfill the income requirements. But we will still have to health insurance (although I know we only need to show it for my husband, I would absolutely not move to the States without having insurance cover for all of us) so one or both of us will still need to have jobs before getting there (or show enough liquid assets to pay for it out of pocket, I guess, but I am not expecting my joint sponsor to cover that cost, he's doing enough as it is).  We are both currently applying for jobs from abroad (actually COVID has been helpful in that regard because video interviews are much more acceptable now, so I haven't had to fly out there to interview at all yet).  But if I can't find something from here soon, I will have to go out there either on my own, or with one or two of the kids (they're Americans) and take the first decent job I can get.  It's not impossible to find a job from abroad, I don't think, but it is harder and far more complicated.

 

Calling it the "inhuman option" is going to rub a lot of people here the wrong way, so you might consider that going forward.  You also might need to face up to the fact that option might be the only option if living in the US is your goal.  

[AJMC 1]

5 hours ago, JFH said:

Well how are you planning on supporting yourselves when you get here? 
 

You have two options: joint sponsor or you return ahead of them and find a job that makes enough to fulfill the requirements. Almost all of us went through some form of separation during this process. Many of us for extended periods of time. It didn’t kill us and it won’t kill you. 

Thanks for the reply! Supporting ourselves there won't be the problem. I am just trying to save my family the stress of separation, of course if it has to be done we will make it through it.

Looking at the total situation of the applying immigrant being a stay-at-home mom, I would guess that the deciding officer would likely want proof of U.S income from the main sponsor.

I just wonder if a joint-sponsor could technically make up for it if the main sponsor does not have an U.S. income yet and if that would be accepted.

[AJMC 1]

5 hours ago, Luckycuds said:

You may think it is inhumane but that is usually what has to happen if your income will not continue int he US. The "new public charge rule" is not new FYI- it's just more in the forefront that it was previously. You did not mention if you have or don't have proof of domicile in the US but wanted to briefly mention it as something you need to  do if you haven't already have that figured out. 

 

If you find a sufficient joint sponsor you don't have to worry about your cash assets. If you use your cash assets they must be 3x over the poverty level for your family size. 

Thanks for the reply! Thanks for reminding me of the domicile, I did not look that up yet. Will have to see how I can take care of that first.

[AJMC 1]

4 hours ago, The4Sands said:

Even with a joint sponsor, you still may have to go ahead of your family.  I am in the same position (I am the USC) and we have a joint-sponsor who makes more than enough to fulfill the income requirements. But we will still have to health insurance (although I know we only need to show it for my husband, I would absolutely not move to the States without having insurance cover for all of us) so one or both of us will still need to have jobs before getting there (or show enough liquid assets to pay for it out of pocket, I guess, but I am not expecting my joint sponsor to cover that cost, he's doing enough as it is).  We are both currently applying for jobs from abroad (actually COVID has been helpful in that regard because video interviews are much more acceptable now, so I haven't had to fly out there to interview at all yet).  But if I can't find something from here soon, I will have to go out there either on my own, or with one or two of the kids (they're Americans) and take the first decent job I can get.  It's not impossible to find a job from abroad, I don't think, but it is harder and far more complicated.

 

Calling it the "inhuman option" is going to rub a lot of people here the wrong way, so you might consider that going forward.  You also might need to face up to the fact that option might be the only option if living in the US is your goal.  

Thanks for sharing your experience! We were planning on at least getting quotes for private health insurance while still abroad and using that on the form until we actually move and get insurance.

 

I am not blaming anyone for having to live separated, we will also do it if there is no way around it. I just believe that it is quite unnecessary to force citizens through that. Even though I am sure it all has its reasons.

[Lucky2Lucky 2,526]

57 minutes ago, AJMC said:

Thanks for the reply! Thanks for reminding me of the domicile, I did not look that up yet. Will have to see how I can take care of that first.

Yes please look up domicile as that is required and important- and may take time. You actually may have to come back to the US to do some of it. Some things are easy like showing you have continued to file your taxes. You should look into opening up a US bank account and I'm not sure if they can be done abroad (online) or needs to be done in person; it would be good to have a US ID whether it is a drivers license or just regular ID; this would obviously have to be obtained in person in the US if you don't already have one. That's great you looked up the health insurance part as that in itself is a stressor. I know it seems unnecessary to "force citizens' through living apart but don't forget the US doesn't seen your wife or your step son as a citizen. Start searching domicile and the other proof you would need to submit. Good luck on your journey.

[JFH 12,192]

2 hours ago, AJMC said:

 

Looking at the total situation of the applying immigrant being a stay-at-home mom, I would guess that the deciding officer would likely want proof of U.S income from the main sponsor.

I just wonder if a joint-sponsor could technically make up for it if the main sponsor does not have an U.S. income yet and if that would be accepted.

The petitioner (in this case that’s you) is ALWAYS the sponsor, even if they are unemployed, a student, retired, etc. If you don’t have sufficient US-based income or sufficient assets, then you can use a joint sponsor. They must be able to accommodate all of the immigrating party themselves, there’s no “half and half” between the sponsors. If the joint sponsor is married and his/her spouse also works or has assets they can pool their household resources. But you can’t have the joint sponsor covering part of the requirement and you covering the rest. It’s all or nothing. 
 

The joint sponsor needs to be fully aware of the responsibilities that come with it. They could potentially be sued by the government if your wife or step-son take advantage of public assistance. Since your wife is not planning on working, the joint sponsors responsibility *could* be for the rest of their natural life. The joint sponsor responsibility ends when one of the following happens:

 

- the immigrant can be credited with 40 quarters of employment 

- the immigrant becomes a USC

- the immigrant dies

- the immigrant permanently leaves the country and relinquishes their residency here 

 

 

only one of the above is 100% certain to happen (the immigrant dies). All of the others may or may not ever happen, 

Edited June 18, 2020 by JFH

[JeanneAdil 6,867]

8 hours ago, AJMC said:

How have peoples experience been applying for a green card through consular processing (in our case in Germany) for a spouse when both spouses plus kids currently still live abroad and do not have any U.S. income. The ones applying for the green card will be my wife (stay-at-home mother) and my step-son, both not having any income and the only assets potentially being cash in our german joint bank account.

 

If we do find a sufficient joint-sponsor in the U.S. and we have some cash saved up ourselves (asset), is it still worth applying for a green card from abroad? Especially with this new public charge rule it seems difficult to get a green card for a stay-at-home mother with no income or job and little education and the U.S. citizen husband / main sponsor only having income from abroad / no U.S. income. The other inhumane option would be for me (U.S. citizen) to move back to the U.S. alone to get a sufficient job while my wife and kids stay abroad for the green card process.

We would really appreciate any help on this matter for our journey!

 

 

Main sponsor is a USC and income abroad should have been reported by filing US tax returns for all the years outside the US / that is one thing needed

If the income will not continue when you come to the US, only thing to do is come now to establish US residency and get a new job

has to be done sooner or later and the sooner the better /spouse visa will take about a year 

Are children USC's? 

[little immigrant 801]

Someone correct me if I'm wrong but the applicant's income is never considered anyways because they are the ones moving. Also, they naturally cannot have US income otherwise they wouldn't be green card applicants 😛

 

OP, have you filed your US taxes? German income and any worldwide income is US taxable. 

[pushbrk 13,370]

15 minutes ago, little immigrant said:

Someone correct me if I'm wrong but the applicant's income is never considered anyways because they are the ones moving. Also, they naturally cannot have US income otherwise they wouldn't be green card applicants 😛

 

OP, have you filed your US taxes? German income and any worldwide income is US taxable. 

You are wrong to use the absolute term "never".  The applicant's income can be considered if it will continue from the same source, such as in an international job transfer.  Not rare at all, when the immigrant is the breadwinner and works abroad for a company that also has employees in the USA.

[Ryan H 3,854]

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[OrihimeandIchigo 217]

Besides the Joint Sponsor. You could apply for jobs before you move out of the country and keep all the emails for record to show the NVC. Also find a relative who will give you a notarized letter of accommodation that says you and your family may live with them free of charge while you find your own place to buy or rent and submit that to NVC. That should help you stay with your family abroad. 

Edited June 19, 2020 by OrihimeandIchigo

[fewstee 46]

Do you have enough assets to apply with assets in lieu of income? I believe it would be 125% of the poverty guidelines for your family x3 (x5 for any sponsor except for spouse is x3). 

 

Someone said 'better sooner than later' move and get a job but actually I disagree. If you don't have enough assets, or a joint sponsor, and need to get a job, wait until you have I-130 approval which is the longest part of the process and doesn't require any proof of assets/income. Stay in Germany during this time. Then when you need to you can move and complete the NVC/embassy process which is usually much shorter. If you have assets you probably won't need a lot of income, might be able to even fall back on McDonalds or something if you are already halfway there. Not suggesting that but just giving you the sense you have a lot of options. 

 

Your wife doesn't need to be super employable. Does she speak English? Have an education of any kind? To answer your question yes it's still "worth it" as long as your wife comes across as also being able to get a job at Mcdonalds. It's a family visa not a work visa the requirements are not super strict. 

Edited June 19, 2020 by fewstee