CR1 - DCF Exceptional Circumstances

[bmorgz 2]

Hello! I had my I-130 (spouse petition) interview in London last week and was approved on the spot. As I am relocating to the US for work, I have to leave to fulfil my role in two weeks. Before I leave, I want to do everything I can to make sure that my partner has what he needs for his interview when it comes round. I haven't been able to find a definitive list of forms and evidence that I need for his interview, so this is what we have prepared so far. Please let me know if there is anything I have overlooked or misunderstood. (Note: We are applying for a CR1 Visa as we have been married for under 2 years.)

 

1. I-864, Affidavit of Support (Financial)

 

I have some questions about this. My job does not meet the minimum requirement for sponsorship (as far as I understand, the minimum is $60k per annum, I will be making $42k per annum) therefore my mother, who makes beyond the required minimum, will be our joint sponsor. I wasn't asked anything about this in the 1-130 process so can we just submit the I-864 form without providing this information prior? (Assuming I would have to submit an I-864 and my mother would have to submit an I-864 as well?) 

 

2. ACRO - Police Certificate (which we are applying for now despite now having the interview booked in yet)

 

3. Medical examination (Which we will book when we hear back)

 

This seems like a very slim pack of information at the moment, in contrast to the I-130 where I managed to absolutely fill a binder to breaking point full of evidence (half of which they didn't use lol). I must be missing some crucial form or evidence - but can't find a checklist for this specific interview like the I-130. All help appreciated - thank you!

[Crazy Cat 41,811]

 Where did you get the $60K number?  That sounds like the requirement if you use asset instead of current income.

 

Edited December 20, 2022 by Crazy Cat

[Andrew+MM 7]

4 hours ago, bmorgz said:

Hello! I had my I-130 (spouse petition) interview in London last week and was approved on the spot. As I am relocating to the US for work, I have to leave to fulfil my role in two weeks. Before I leave, I want to do everything I can to make sure that my partner has what he needs for his interview when it comes round. I haven't been able to find a definitive list of forms and evidence that I need for his interview, so this is what we have prepared so far. Please let me know if there is anything I have overlooked or misunderstood. (Note: We are applying for a CR1 Visa as we have been married for under 2 years.)

 

1. I-864, Affidavit of Support (Financial)

 

I have some questions about this. My job does not meet the minimum requirement for sponsorship (as far as I understand, the minimum is $60k per annum, I will be making $42k per annum) therefore my mother, who makes beyond the required minimum, will be our joint sponsor. I wasn't asked anything about this in the 1-130 process so can we just submit the I-864 form without providing this information prior? (Assuming I would have to submit an I-864 and my mother would have to submit an I-864 as well?) 

 

2. ACRO - Police Certificate (which we are applying for now despite now having the interview booked in yet)

 

3. Medical examination (Which we will book when we hear back)

 

This seems like a very slim pack of information at the moment, in contrast to the I-130 where I managed to absolutely fill a binder to breaking point full of evidence (half of which they didn't use lol). I must be missing some crucial form or evidence - but can't find a checklist for this specific interview like the I-130. All help appreciated - thank you!

The I-864 minimum requirement is dictated by the poverty guidelines, and is more like $22K for a 2 person family. If you can't meet that bar, then assets and your joint sponsor should get you over the line.

Edited December 20, 2022 by Andrew+MM

[dominykas 3]

I have gone through the same process very recently. In fact, I'm currently on the plane to US with CR-1 visa in my passport issued by US embassy in London. Would be happy to discuss what my pack contained. Drop me a private message.

[bmorgz 2]

On 12/20/2022 at 6:03 PM, Andrew+MM said:

The I-864 minimum requirement is dictated by the poverty guidelines, and is more like $22K for a 2 person family. If you can't meet that bar, then assets and your joint sponsor should get you over the line.

Oh wow thank you for this! I thought it was 60k from what I saw posted from other users but perhaps they were using assets. Thank you! Now I know we don't need an additional sponsor.

[bmorgz 2]

On 12/20/2022 at 6:03 PM, Andrew+MM said:

The I-864 minimum requirement is dictated by the poverty guidelines, and is more like $22K for a 2 person family. If you can't meet that bar, then assets and your joint sponsor should get you over the line.

 

 

This is very helpful, thank you! I think perhaps my misunderstanding came from other posts where people had to prove with assets! 

 

I am wondering if you could give me insight on something else. I am a dual citizen US and UK and my spouse is a UK citizen. I have spent the majority of my working life in the UK and have never earned enough to file taxes in the US. All of my taxes have been filed in the UK. I am currently filling out I-864 and the guidance on Item Numbers 23.a. - 25. Federal Income Tax Return Information say: Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

 

Does this mean I should provide my previous tax returns and payslips from the UK with the I-864. I am filing under DCF with exceptional circumstances due to job relocation. The guidance around future income states: You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary.

 

I have a job offer with salary attached, which is what I plan to provide for evidence of my earnings. Will this be enough?

[Andrew+MM 7]

There are some similarities to our situation and we decided to declare assets and have a joint sponsor. I am the Beneficiary, and work for a company that is 100% remote working so I could prove my income would continue. My wife (USC Petitioner) has been a Hausfrau these last 6 years and has not submitted a tax return because she has had no income.

 

What we did was file the latest 1040 and include a copy. Use my income and our combined assets, which put us over the top. However, I had read that approval of I-864s depending on Beneficiary income and assets is down to the discretion of the Consular Officer, so we included a joint sponsor too. We wanted to have backups to the backups.

 

For me, use everything you can to get you over the 125% benchmark so that there can be no question it should be approved.