Fee waiver

[cisum135 0]

I am filing a form I-130 for my wife and I keep seeing things talking about what you need to do if you are filing a form I-912 request for a fee waiver.  Following the link takes me to a page that lists the forms eligible for a fee waiver and I-130 is not listed.  Can anyone tell me which one is right?  I really can’t afford the fee so the waiver would be a life-saver but I don’t want to do it for no reason and mess up the process if it’s not eligible.  Thanks in advance!

[Boiler 45,516]

Correct the I 130 is not applicable.

 

Presumably you have a Joint Sponsor, could they help?

[cisum135 0]

I don’t have a Joint Sponsor, should I?  I’m a US citizen and my wife is Costa Rican.  

[Boiler 45,516]

You certainly implied you would.

[Crazy Cat 41,857]

1 hour ago, cisum135 said:

I don’t have a Joint Sponsor, should I?  I’m a US citizen and my wife is Costa Rican.  

The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  My advice is to become an "A" student of the process before filing anything.  Mistakes can be very costly in time and money.  Good luck.

 

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

Edited June 13, 2023 by Crazy Cat

[Pinkrlion 2,719]

I would suggest a second job to save money before you file so you have enough money to pay for all that is required for immigration. 
 

you have filing fees, medical, background checks, immunization shots, travel expenses, among others to pay for in this process. 

Edited June 13, 2023 by Pinkrlion

[Redro 4,611]

1 hour ago, cisum135 said:

I don’t have a Joint Sponsor, should I?  I’m a US citizen and my wife is Costa Rican.  

Where is your wife now? When is the last time you saw your wife? The cost of I-130 is just the start…

Do you have any children? (I ask because this factors into how much you should make to sponsor an immigrant)… 

[cisum135 0]

Thanks for your replies but I’m not really asking for advice on whether I should do this.  I’m specifically referencing contradicting information on the USCIS website and the on-line application.  I’m well aware that my money problems are a major hurdle.  I live with my wife and two kids in Costa Rica and I desperately need to get out because I cannot make enough money living here.  Both my kids have US citizenship and my wife has a doctoral degree from a US university.  If we can get to the US, our prospects will be greatly improved.  Any money I can save along the way will be hugely helpful.  Thanks for your help.

[Boiler 45,516]

Fee waivers are available, but not for everything.

 

Common reasons why we deny fee waiver requests
The form for which you are making the request is not eligible for a fee waiver.

 

https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

 

Strongly suggest you review the obligations for the I 864, you can look up the current amount but you are looking at around $40k US based.

[Boiler 45,516]

Forms Eligible for Fee Waiver

Under current fee waiver regulations, we may only approve fee waivers for certain forms or certain types of requests on a form.

You may file Form I-912 to request a fee waiver for any of the following benefit requests or services:

• Biometric services fee, except for the biometric services fee required for Form I-601A, Application for Provisional Unlawful Presence Waiver, filed under 8 CFR 212.7(e);
• Form I-90, Application to Replace Permanent Resident Card;
• Form I-129, Petition for a Nonimmigrant Worker, if you are applying for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23);
• Form I-131, Application for Travel Document, if you are applying for humanitarian parole;
• Form I-191, Application for Advance Permission to Return to Unrelinquished Domicile;
• Form I-192, Application for Advance Permission to Enter as Nonimmigrant, but only if you are exempt from the public charge grounds of inadmissibility;
• Form I-193, Application for Waiver for Passport and/or Visa, if you are exempt from the public charge grounds of inadmissibility;
• Form I-290B, Notice of Appeal or Motion, if your underlying application was fee exempt, the fee was waived, or it was eligible for a fee waiver;
• Form I-485, Application to Register Permanent Residence or Adjust Status, if you are applying for lawful permanent resident status based on:
  • An eligibility category that is exempt from the public charge grounds of inadmissibility of section 212(a)(4) of the INA, such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act;
  • Continuous residence in the United States since before Jan. 1, 1972 (“Registry”);
  • Asylum status; or
  • Special Immigrant Juvenile status or similar categories;
• Form I-539, Application to Extend/Change Nonimmigrant Status, if you are applying for any benefit request specified by section 245(l)(7) of the INA or applying for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23);
• Form I-601, Application for Waiver of Grounds of Inadmissibility, if you are exempt from the public charge grounds of inadmissibility in section 212(a)(4) of the INA;
• Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act, if your underlying application or petition was fee exempt, the fee was waived, or was eligible for a fee waiver;
• Form I-751, Petition to Remove Conditions on Residence;
• Form I-765, Application for Employment Authorization, unless you are filing under category (c)(33), Deferred Action for Childhood Arrivals;
• Form I-817, Application for Family Unity Benefits;
• Form I-821, Application for Temporary Protected Status;
• Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal;
• Form N-300, Application to File Declaration of Intention;
• Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;
• Form N-400, Application for Naturalization;
• Form N-470, Application to Preserve Residence for Naturalization Purposes;
• Form N-565, Application for Replacement of Naturalization/Citizenship Document;
• Form N-600, Application for Certification of Citizenship; and
• Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322.

You may also apply for a fee waiver for any application or petition that is related to your status as a:

• Battered spouse of an A, G, E-3, or H nonimmigrant (such as Forms I-485, I-601, and I-212);
• Battered spouse or child of a lawful permanent resident or U.S. citizen under INA 240A(b)(2);
• T nonimmigrant (such as Forms I-192, I-485, and I-601);
• Temporary Protected Status recipient (such as Forms I-131, I-821, and I-601);
• U nonimmigrant (such as Forms I-192, I-485, and I-929); or
• VAWA self-petitioner (such as Forms I-485, I-601, and I-212).

[Crazy Cat 41,857]

32 minutes ago, cisum135 said:

Thanks for your replies but I’m not really asking for advice on whether I should do this.  I’m specifically referencing contradicting information on the USCIS website and the on-line application.  I’m well aware that my money problems are a major hurdle.  I live with my wife and two kids in Costa Rica and I desperately need to get out because I cannot make enough money living here.  Both my kids have US citizenship and my wife has a doctoral degree from a US university.  If we can get to the US, our prospects will be greatly improved.  Any money I can save along the way will be hugely helpful.  Thanks for your help.

You need to consider HOW you are going to do it.  The I-130 fee cannot be waived.  Your spouse will not get a visa without fees being paid and a sponsor/joint sponsor with sufficient annual income or sufficient assets.  You will also have to show evidence of intent to re-domicile in the US.  Have you thought about returning to the US to establish domicile and to gain sufficient financial stability before your family re-locates? 

Edited June 13, 2023 by Crazy Cat

[Redro 4,611]

2 hours ago, cisum135 said:

I am filing a form I-130 for my wife and I keep seeing things talking about what you need to do if you are filing a form I-912 request for a fee waiver.  Following the link takes me to a page that lists the forms eligible for a fee waiver and I-130 is not listed.  Can anyone tell me which one is right?  I really can’t afford the fee so the waiver would be a life-saver but I don’t want to do it for no reason and mess up the process if it’s not eligible.  Thanks in advance!

Where are you seeing the possibility of a waiver for the I-130? 
From instructions:

 

The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived.(p. 9 of 12) 

[TBoneTX 45,291]

42 minutes ago, Crazy Cat said:

returning to the US to establish domicile and to gain sufficient financial stability before your family re-locates

This makes the most sense.

[Redro 4,611]

2 hours ago, cisum135 said:

I don’t have a Joint Sponsor, should I?  I’m a US citizen and my wife is Costa Rican.  

If you don’t have a joint sponsor, you’ll have to have about $120 000 in savings at NVC stage- if you do not have US based income. Unfortunately this process is extremely expensive and not all that friendly towards US citizens wanting to move back to the US with their family… 

[cisum135 0]

The confusing info is listed right before you begin the online app here; 

https://my.uscis.gov/forms/petition-for-a-relative/start/overview

 

But the bit from the instructions page is pretty definitive so I’ll move on.

 

My income is mostly US based but I’m an artist and I travel around to perform so it only gets more complicated I’m sure.  The pandemic has made living in Costa rica and traveling from here impossible to sustain and my work in Europe is now very rare.  However, I don’t have any residential status in Costa Rica and have kept my permanent address in MD with family.  Both kids are US citizens tho so I’m not expecting any issue there.  I’m at the very beginning of this process obviously.