IR1 visa questions

[Mattmc1986 0]

Hi,

 

I’m filing a I130 as sponsor for my husband and we are both currently based in the UK. 

 

I have a few questions about the form I130 that I hope you can help me with. 

 

It’s worth noting we have a daughter who was born in the UK. We will be getting her a US passport at the consulate here soon once appointments resume again. 

 

The questions I have are as follows:

- The I130 form states additional family for the beneficiary. Do I add our daughters' details here or leave it as she already has a right to US citizenship through me? 

 

- The section where it mentions if you have you ever filed a petition for the beneficiary - we have previously applied for a fiancé visa 7 years ago and ended up withdrawing it as I moved to the UK. Will we need to add this or is it not needed due to being a different type of petition? 

 

-What do you put in the fields that don’t apply? Such as, when did your beneficiary’s last marriage end? This is our first and only marriage.

 

- As for evidence, do we add our daughters birth certificate? 

 

- Is an affidavit required if you supply a marriage certificate?

 

- Once our spouse visa is approved can my husband travel to/from the US after entering the US or are there restrictions here? For example, if there were things (e.g. house sale) which needed tied up along with other loose ends, is it possible for my husband to enter the US then depart again after, for example, a week then return again a month later?

 

- I know there are minimum financial requirements which the sponsor has to fulfil under the HHS Poverty Guidelines for Affidavit of Support. However, likelihood is that I will not have a job lined up in the US beforehand and so would potentially require a joint sponsor. However, is there something in relation to proving if you hold $X amount in assets (potentially jointly with myself and my husband) would this negate the requirement of obtaining joint sponsorship for example?

 

-My daughter is a UK citizen. What happens to this citizenship if we complete a CRBA and move abroad?

 

 

Thank you in advance.

 

[Wuozopo 4,293]

29 minutes ago, Mattmc1986 said:

The I130 form states additional family for the beneficiary. Do I add our daughters' details here or leave it as she already has a right to US citizenship through me? 

She is his family member. 
 

29 minutes ago, Mattmc1986 said:

e section where it mentions if you have you ever filed a petition for the beneficiary - we have previously applied for a fiancé visa 7 years ago and ended up withdrawing it as I moved to the UK. Will we need to add this or is it not needed due to being a different type of petition? 

Yes, you have filed a petition before.

 

29 minutes ago, Mattmc1986 said:

What do you put in the fields that don’t apply? Such as, when did your beneficiary’s last marriage end? This is our first and only marriage.

The instructions cover that.

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.

 

29 minutes ago, Mattmc1986 said:

As for evidence, do we add our daughters birth certificate? 

This page has a checklist of evidence. Scroll down. https://www.uscis.gov/i-130
 

29 minutes ago, Mattmc1986 said:

Once our spouse visa is approved can my husband travel to/from the US after entering the US or are there restrictions here? For example, if there were things (e.g. house sale) which needed tied up along with other loose ends, is it possible for my husband to enter the US then depart again after, for example, a week then return again a month later?

Yes

 

29 minutes ago, Mattmc1986 said:

However, is there something in relation to proving if you hold $X amount in assets (potentially jointly with myself and my husband) would this negate the requirement of obtaining joint sponsorship for example?

3 times the poverty guidelines for a family of three. (3x$27,450)  

Edited April 12, 2021 by Wuozopo

[pushbrk 13,143]

5 hours ago, Wuozopo said:

 

3 times the poverty guidelines for a family of three. (3x$27,450)  

That's in liquid assets.  The OP should become an A-Student of the I-864 instructions.  Financial issues are dealt with AFTER the petition is approved, a few months down the line, but it is good to prepare ahead of time to deal with it.