supporting spouse if applicant is already retired?

[steve-phuket 10]

hi, i'm a US citizen, married to Thai, both living in Thailand, thinking about getting green card for spouse and i see i need to prove i can support her. thing is, i'm retired, have about $300k in 401k and will start getting SS of about $1200/mth next year

 

will that work for visa application, since i don't currently live in US there is no chance of me getting a job there

 

thanks

 

[LilyJ 1,258]

Yes, assets can be used in place of income. $300k in cash savings should be more than enough. Financial support proof won't come until the NVC stage (8-12 months into the process) so you won't have to prepare those documents until then; check out the form instructions as well as the guides here on VJ to get a view of the process and timeline

Edited August 9, 2020 by LilyJ

[steve-phuket 10]

thanks, so assuming that 300k plus SS is acceptable for financial support, and we meet all the other requirements, like her not been a felon, etc. what are the chances of her been accepted for a CR1? are people who meet the qualification ever turned down? is there a quota system?  

 

thanks

 

[geowrian 22,337]

There is no quota for the spouse of a USC.

The visa will be issued or not if she is eligible for it.

 

The CO has discretion for items like determining the marriage is bona fide, if they are likely to become a public charge, etc. But if you provide satisfactory evidence to demonstrate otherwise + all required documentation (PCCs and such), there should not be an issue.

The CO is not to just randomly refuse the visa...there needs to be a reason supported by the INA to do so.

 

Edit: To clarify, if - for example - the president were to ban all nationals of Thailand (as they are permitted to do under INA 212(f)), the visa could be refused. But thus far, Thailand has no such ban in place.

Edited August 9, 2020 by geowrian

[steve-phuket 10]

ok, thanks, i think we can show the marriage is bona fide. we have a lease together, many photos, and we hope to get her a tourist visa for Europe next year and go together.

 

also on support issue, my son lives in USA and has a lot of income and can co sponsor too.

 

so i guess we are good

 

thanks

 

[Stein 276]

The fact that you are married to her and currently residing with her goes a long way to proving bona fide relationship.  I'm living with my wife in Vietnam and while I'm still working for my company in the US which is different from you I can say you won't have any trouble proving bona fide if you are living with her.  Plus it will be for at least another year to get through the CR1/IR1 system.  When she arrives in the US and if it's more than two years after your date of marriage she will be granted a 10 year permanent green card as opposed to a 2 year conditional green card had she arrived less than two years since the date of marriage.

[Stein 276]

Also, strictly speculation on my part, you may be wondering but not wanting to ask if a large age gap will cause any problems.  My wife is 23 years younger than me.  I forsee no problems because I've lived with her for what will be more than two years by the time we go to US.  I'm at NVC so the interview could come any time.  If it comes too soon I'm going to postpone it until January as we want to move in June when her daughter finishes the school year.  

[steve-phuket 10]

my guess is they see  lot of Asian wives younger than the husband, i don't think 23 years is too much, here in Thailand i've seen 70 year olds married to 30 year olds.

[geowrian 22,337]

16 minutes ago, steve-phuket said:

my guess is they see  lot of Asian wives younger than the husband, i don't think 23 years is too much, here in Thailand i've seen 70 year olds married to 30 year olds.

Depends on local culture. A 30 year gap with a Filipino fiancee/wife typically doesn't raise an eyebrow. A 30 year gap in some other SEA countries may be highly unusual (I'd say Japan as an example, but Japan is also very low fraud so it may not be an issue there either).

[steve-phuket 10]

On 8/9/2020 at 8:54 AM, LilyJ said:

Yes, assets can be used in place of income. $300k in cash savings should be more than enough. Financial support proof won't come until the NVC stage (8-12 months into the process) so you won't have to prepare those documents until then; check out the form instructions as well as the guides here on VJ to get a view of the process and timeline

 

hi, at the risk of beating a dead horse here, i wonder if there is any proof anywhere that '$300k in cash savings should be more than enough'.

 

i notice on the Affidavit of Support, the petitioner is normally required to have income 125% above the federal poverty line which is $12760 for 1 person and $17240 for 2. i usually withdraw $12000 a year from my IRA and with $1200/mth social security, that's another $14400/year which together ($26400) is well above the 125% requirement of the I-864P of $21550

is IRA/410K distributions and social security also acceptable as income for the Affidavit of Support

 

sorry to re-ask but i just found out my potential co-sponsor may be a problem, so i need to be 100% sure my retirement income is acceptable for the Affidavit of Support

 

thanks

 

Edited August 17, 2020 by steve-phuket

[Lil bear 4,201]

8 minutes ago, steve-phuket said:

 

hi, at the risk of beating a dead horse here, i wonder if there is any proof anywhere that '$300k in cash savings should be more than enough'.

 

i notice on the Affidavit of Support, the petitioner is normally required to have income above the federal poverty line which is $12760 for 1 person and $17240 for 2. i usually withdraw $12000 a year from my IRA and with $1200/mth social security, that's another $14400/year which together is well above the federal poverty line

is IRA/410K distributions and social security also acceptable as income for the Affidavit of Support

 

sorry to re-ask but i just found out my potential co-sponsor may be a problem, so i need to be 100% sure my retirement income is acceptable for the Affidavit of Support

 

thanks

 

According to the I864 instructions , when using assets  to make up the shortfall from income to the required level , the assets need to be at least 3x the gap for a spouse visa ... I think you’re fine ! 😁

Edited August 17, 2020 by Lil bear

[steve-phuket 10]

5 minutes ago, Lil bear said:

According to the I864 instructions , when using assets  to make up the shortfall from income to the required level , the assets need to be at least 3x the gap for a spouse visa ... I think you’re fine ! 😁

ok, i see that now, Item Number 10. Total Value of Assets. thanks. so yes i am many times over the 3x requirement, good to know. i don't want to start down this road only to find there is an insurmountable road block.

 

[Just Paul 4,595]

I-864 isn't filed with the petition.  It is filed at the NVC stage.

 

On 8/8/2020 at 6:50 PM, steve-phuket said:

have about $300k in 401k

More than enough for an assets based I-864.