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Posted

Background:

I (US citizen) applied for husband's I-130/AOS petition in 2018 and interview was scheduled in May 2019. We withdrew the application prior to interview with written notice to USCIS.

 

Husband and I moved to his home country and re-applied I-130 online with consular processing in May 2020.

 

I am in husband's home country on a spouse visa and unable to work, therefore I have been unemployed for over 1 year. I filed 2019 tax returns with half year employment and every year prior. My husband and I have sufficient funds in savings/ CD's to meet the requirement. 

 

Questions:

 

1. When do we explain the reason for I-130 application withdrawal. Should it be during the interview or should we write an explanation and attach it to our online application?

 

2. With USC petitioner being unemployed, will it be necessary to obtain a joint sponsor, or can savings/ CD funds from husband and wife be used to prove financials?

 

3. Which I-864 form would we submit with our situation? We were thinking EZ, but wanted to ask. 

 

If anyone has gone through a similar situation of I-130 withdrawal and reapplication, we would love to hear your story.

 

Thanks!

Posted

You'll want to have a joint sponsor in this case. 

 

I-864 is default one, if you qualify for I-864 EZ use that one - instructions tell you which circumstances warrant each one.

ROC 2009
Naturalization 2010

Posted

Thank you for your advice. Can you expand on why a joint sponsor is needed if we have sufficient finances between us both aside from current employment status. We hope someone else can clarify the question regarding the I-130. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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