IR1/CR1 Filing from Ireland

[Ben & Rose 1]

Background to our case

 

• Me (Irish, beneficiary) and DH (USA citizen, Petitioner), married 13 years and living in Ireland since 2008.  2 Kids (both USA citizens).
• DH has a job offer (due to start mid-June), he is flying out ahead of us to get a rental house, bank accounts, car etc.
• My case status is DQ'd, at NVC waiting on an interview (hopefully in July). 
• We used a joint sponsor as DH's Irish income did not count.  

 

Questions 

Q1: If my DH is living in the USA, and is in employment, is this sufficient to prove Domicile even if he hasn't managed to get a rental house before my interview? 

 

Q2: Our joint sponsor has not filed 2020 taxes and will not file before my interview (due to complicated tax filing of his business type). Will my DH's new US income be sufficient to prove income (and means of supporting me), negating the need for the joint sponsor?

 

Q3. If no to Q2, can we provide other proof of means, i.e the  3X poverty limit in savings to circumvent the need for the joint sponsorship or are we committed to the joint sponsor approach? 

[Crazy Cat 41,631]

3 hours ago, Ben & Rose said:

Background to our case

 

• Me (Irish, beneficiary) and DH (USA citizen, Petitioner), married 13 years and living in Ireland since 2008.  2 Kids (both USA citizens).
• DH has a job offer (due to start mid-June), he is flying out ahead of us to get a rental house, bank accounts, car etc.
• My case status is DQ'd, at NVC waiting on an interview (hopefully in July). 
• We used a joint sponsor as DH's Irish income did not count.  

 

Questions 

Q1: If my DH is living in the USA, and is in employment, is this sufficient to prove Domicile even if he hasn't managed to get a rental house before my interview? 

 

Q2: Our joint sponsor has not filed 2020 taxes and will not file before my interview (due to complicated tax filing of his business type). Will my DH's new US income be sufficient to prove income (and means of supporting me), negating the need for the joint sponsor?

 

Q3. If no to Q2, can we provide other proof of means, i.e the  3X poverty limit in savings to circumvent the need for the joint sponsorship or are we committed to the joint sponsor approach? 

1.  Yes.

2.  Current income is king.  If the petitioner's income is sufficient, a joint sponsor should not be needed.  CURRENT income is calculated by using the gross income for most recent pay period X number of pay periods per year.  I assume the petitioner (primary sponsor) is current on his US taxes.

3.  Assets can circumvent the need for a joint sponsor.

Edited May 27, 2021 by Lucky Cat

[Ben & Rose 1]

37 minutes ago, Lucky Cat said:

1.  Yes.

2.  Current income is king.  If the petitioner's income is sufficient, a joint sponsor should not be needed.  CURRENT income is calculated by using the gross income for most recent pay period X number of pay periods per year.  I assume the petitioner (primary sponsor) is current on his US taxes.

Lucky Cat I could kiss you! That is such a relief to hear. Petitioner is current (2020) on his taxes but these were filed based on his Irish income.  At the time of my interview, he will only have 1 or 2 payslips from his new job. Do you think they will accept this as sufficient proof of income (and his employment contract)?

 

 

[Crazy Cat 41,631]

1 hour ago, Ben & Rose said:

Do you think they will accept this as sufficient proof of income (and his employment contract)?

The ultimate call will be made by the consulate officer, but based on what you have said, I don't see an issue.  Your husband has had steady income, he will have established domicile by the time of your interview, and he is current on taxes.  If his income is sufficient for your household size, all the boxes are checked, imo.  Good luck.

Edited May 27, 2021 by Lucky Cat

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.