Employed to Unemployed CR-1 (merged topics)

[troyniss 1]

Hello,

 

I am currently waiting on our initial CR1/I-130 petition to be approved from May 2020.

 

At this time, I am employed until March 23rd, but thereafter I am not going to be working or signing another contract with my employer, as I can only do 1 year contracts and am hopefully expecting to be returning with my wife to the USA hopefully in the Fall.

What items, or documents need to be changed. I know that after the approval, it goes to the NVC. We have money saved and no debt at the moment. I also have domicile in the USA already. Will this affect my chances of getting approved at the NVC if I am unemployed but my wife is still working?

[aaron2020 11,651]

Whether you or wife have jobs are irrelevant since both jobs will go away when you relocate to the US.  Your income from those jobs will not count for the I-864.

If you have at least 3x the 125% poverty line for your household, you can meet the I-864 requirements.  If you don't, then you will need a Joint Sponsor who can meet the I-864 requirements.  

[troyniss 1]

Does the 125% poverty line mean we have assets that amount to that much when we move or just what we made the previous years? Both my wife and I have made over the poverty line requirement with our employment. I've filed taxes up to 2019 that show my salary and will also do it for 2020. We will have just over $50k saved when we move.

[aaron2020 11,651]

18 minutes ago, troyniss said:

Does the 125% poverty line mean we have assets that amount to that much when we move or just what we made the previous years? Both my wife and I have made over the poverty line requirement with our employment. I've filed taxes up to 2019 that show my salary and will also do it for 2020. We will have just over $50k saved when we move.

Your employment does not count for the I-864 since the two of you will be quitting those jobs when you move to the US.

 

It's not what you made over the previous years.  It's what you have in the bank when you file the I-864.  For a household of two, you would need around $65,000.  It has to be your money and not loans.  Large lump sum of money that suddenly appears in your account in the months before filing the I-1864 will look suspicious.  

[troyniss 1]

3 minutes ago, aaron2020 said:

Your employment does not count for the I-864 since the two of you will be quitting those jobs when you move to the US.

 

It's not what you made over the previous years.  It's what you have in the bank when you file the I-864.  For a household of two, you would need around $65,000.  It has to be your money and not loans.  Large lump sum of money that suddenly appears in your account in the months before filing the I-1864 will look suspicious.  

I understand. Therefore I would have to have one of my family members become a Joint Sponsor. For example, let's say I use my father, which form does he need to do?

[aaron2020 11,651]

1 minute ago, troyniss said:

I understand. Therefore I would have to have one of my family members become a Joint Sponsor. For example, let's say I use my father, which form does he need to do?

As the petitioner/primary sponsor, you file an I-864 even though you do not meet the financial requirements.

 

Your Joint Sponsor who does meet the financial requirements will file a separate I-864.

[troyniss 1]

Thank you.

[troyniss 1]

I'm currently between a hard place and  a rock. 

I'm currently waiting for my I-130 to be approved for my wife and I. I'm working as a teacher in South Korea, but my contract is up at the end of March. However I will not be signing another contract which effectively puts me at unemployment and $0 income. I'm wondering if I should move back to the USA without my wife, establish a job and get things settled and finish the rest of the process from home.

First, I would have to change my address to my domicile, however since I already sent in the i-130 with my current Korean address, how does this affect things?

 

Second,  my wife would still be working and making income in Korea and if I was working back in the USA I wouldn't need to have a Joint Sponsor. It's already been a headache with our current documents and am already thinking of having to have a joint sponsor as one more.

Is it possible for me to move back to the USA and wait for approval, then proceed with the NVC stage and then have her do the US consulate interview by herself?

 

Thanks!

 

 

 

[aaron2020 11,651]

Not a problem for you to move back and get a job before your wife's visa interview.  Lots of people make the choice for the USC to move back during the spouse's immigration process. 

Moving back will help with the domicile issue.  

If you get a job, it may help you avoid needing a Joint Sponsor.   You might still need a Joint Sponsor with a new job.

 

Your wife can go to the interview by herself.  Lots of immigrating spouses go by themselves.

[Ryan H 3,834]

5 minutes ago, troyniss said:

First, I would have to change my address to my domicile, however since I already sent in the i-130 with my current Korean address, how does this affect things? 

 

Non-issue

 

6 minutes ago, troyniss said:

Second,  my wife would still be working and making income in Korea and if I was working back in the USA I wouldn't need to have a Joint Sponsor. It's already been a headache with our current documents and am already thinking of having to have a joint sponsor as one more.

 

Unless that source of income will continue after she moves to the USA, it cannot be counted.  Your current income will be the main factor on whether or not you will ultimately need a joint sponsor or not  (that decision is made by the CO at the interview).

 

8 minutes ago, troyniss said:

Is it possible for me to move back to the USA and wait for approval, then proceed with the NVC stage and then have her do the US consulate interview by herself?

 

Yes

[Ryan H 3,834]

~~~Similar topics merged~~~

[troyniss 1]

21 minutes ago, Ryan H said:

29 minutes ago, troyniss said:

First, I would have to change my address to my domicile, however since I already sent in the i-130 with my current Korean address, how does this affect things? 

 

Non-issue

My mailing address is in the USA, but my physical address is in South Korea. Which one do they need changed? On my USCIS account I can change it there, but is there any other steps I need to do? There is also this page, but it seems for those that are already in the USA and ONLY need to change their USA address.

[troyniss 1]

41 minutes ago, aaron2020 said:

Not a problem for you to move back and get a job before your wife's visa interview.  Lots of people make the choice for the USC to move back during the spouse's immigration process. 

Moving back will help with the domicile issue.  

If you get a job, it may help you avoid needing a Joint Sponsor.   You might still need a Joint Sponsor with a new job.

 

Your wife can go to the interview by herself.  Lots of immigrating spouses go by themselves.

Thank you for the information. I'm still new to this.

What documents would need to be changed considering that I already sent my I-130 to USCIS with my Korean address. When and if it gets approved and  if I did happen to move back, do I need to inform the NVC of the address change directly? The physical address is the only thing that would change I'm guessing, and would be updated on the petition.

I'd really like to establish a sort of homebase for my wife when she arrives to make her comfortable. It just seems so unsure right now of when we will finally be able to leave Korea, and I'd much rather actively be seeking a job back or have a job in the USA when she arrives.

Her going to the interview by herself will be fine I think.

 

[pushbrk 13,157]

3 hours ago, aaron2020 said:

As the petitioner/primary sponsor, you file an I-864 even though you do not meet the financial requirements.

 

Your Joint Sponsor who does meet the financial requirements will file a separate I-864.

And if he's married, his wife completes and signs an I-864a whether she has income or not.

 

Please note the meaning of assets has nothing to do with income.

[retheem 568]

5 hours ago, troyniss said:

I'm currently between a hard place and  a rock. 

I'm currently waiting for my I-130 to be approved for my wife and I. I'm working as a teacher in South Korea, but my contract is up at the end of March. However I will not be signing another contract which effectively puts me at unemployment and $0 income. I'm wondering if I should move back to the USA without my wife, establish a job and get things settled and finish the rest of the process from home.

First, I would have to change my address to my domicile, however since I already sent in the i-130 with my current Korean address, how does this affect things?

 

Second,  my wife would still be working and making income in Korea and if I was working back in the USA I wouldn't need to have a Joint Sponsor. It's already been a headache with our current documents and am already thinking of having to have a joint sponsor as one more.

Is it possible for me to move back to the USA and wait for approval, then proceed with the NVC stage and then have her do the US consulate interview by herself?

 

Thanks!

 

 

 

Happens all the time, and it's not a problem