IR1 application for my husband...lots of questions

[lizz567 1]

I (US citizen) have been living in the Czech Republic with my husband for 7 years and we've been married for 2 years. We'd like to move to the US in 4 years and therefore will probably start the IR1 application process in 2 years, to give it enough time. I'm trying to get my head around the paperwork early just to avoid a situation where it turns out we won't be able to move to the US after all. Also, we're planning to have a baby and I'd do the paperwork to make sure the baby is a US citizen by the time we'd apply. 

 

First question: we'd all still live be living in CZ when we'd be filling out the IR1 and I-864. I'd be able to provide a non-expired US driver's license and (hopefully) a bank account to prove intent to domicile - would that be enough? Or am I approaching this incorrectly?

Other questions: one of my parents would need to joint-sponsor us, so my mom would also need to fill out an I-864, if I understand correctly. They're retired and make a few thousand dollars under the federal poverty line for a household size of 3. But with their real estate assets it would be enough. Their land, excluding the part their house is on, would push them over the threshold by itself, and if it's allowed, their primary residence + the land it's on would give a comfortable margin. Would we be able to do it this way or are all real estate assets a red flag on the I-864? Also, am I correct in thinking that the poverty threshold calculation would be for a household size of 3 - me, my husband, and (just assuming) a baby? Or would it be 5 - my parents, my husband, me, and the baby?

 

Last question: there's no simpler way to get my husband into the US, right? 😁My dad moved to the US in the 70's and doesn't remember having to do any of this. 

[Boiler 45,482]

Your parents and your husband. So 3

 

They do not need to sponsor you or the baby.

 

4 years is a long time but the way you describe the situation it is best to find a Joint Sponsor who is clearly approvable.

[JeanneAdil 6,498]

For the new baby,  u have lived outside the US for 7 years so do not qualify for CBRA based on the following" so need to also file I 130 for the baby

 

The U.S. citizen transmitting parent must satisfy physical presence requirements. Most cases require five years of physical presence inside the United States or its outlying possessions before the child is born, 

 

https://ec.usembassy.gov/u-s-citizen-services/child-family-matters/consular-report-birth-abroad-crba/#:~:text=The child has to be,over 18%2C please contact us.

 

Assets have to be liquidable within a year if needed so  best to bring up I 864 instructions and read them to understand 

Edited October 16, 2023 by JeanneAdil

[Boiler 45,482]

I assumed the OP does qualify, nothing she said suggested she does not. She obviously thinks she does.

[lizz567 1]

Yes, I can prove that I was in the US for more than 5 years (spent my whole childhood & adolescence there, left when I was 24)

[Dashinka 24,492]

29 minutes ago, JeanneAdil said:

For the new baby,  u have lived outside the US for 7 years so do not qualify for CBRA based on the following" so need to also file I 130 for the baby

 

The U.S. citizen transmitting parent must satisfy physical presence requirements. Most cases require five years of physical presence inside the United States or its outlying possessions before the child is born, 

 

https://ec.usembassy.gov/u-s-citizen-services/child-family-matters/consular-report-birth-abroad-crba/#:~:text=The child has to be,over 18%2C please contact us.

 

Assets have to be liquidable within a year if needed so  best to bring up I 864 instructions and read them to understand 

So 5 years with two of the years after the age of 14.  The OP could very easily qualify.

[lizz567 1]

thank you for the replies.

 

I don't think we'd be able to find an alternative joint sponsor who has more money, unfortunately, so some of the financial requirement would likely need to be covered by real estate assets if that's an option. Maybe it would be possible for us to do it this way? Or is it likely our application would be rejected?

[Boiler 45,482]

Just now, lizz567 said:

thank you for the replies.

 

I don't think we'd be able to find an alternative joint sponsor who has more money, unfortunately, so some of the financial requirement would likely need to be covered by real estate assets if that's an option. Maybe it would be possible for us to do it this way? Or is it likely our application would be rejected?

The other option is for you to come back first and get a job.

 

It is impossible to answer specific questions with vague information, I think it is fair to say from what you have said you will need another sponsor.

[lizz567 1]

26 minutes ago, Boiler said:

The other option is for you to come back first and get a job.

 

It is impossible to answer specific questions with vague information, I think it is fair to say from what you have said you will need another sponsor.

is this because the assets would be real estate, or because assets aren't allowed to help bridge the income gap, period? 

[Boiler 45,482]

Neither or both.

[lizz567 1]

9 minutes ago, Boiler said:

Neither or both.

If I haven't exhausted your patience already, would you mind elaborating? I've tried researching this but got mixed/unclear information. If it's because of the *type* of asset, and they want something more liquid, that would be something we could solve, which is why I'm curious.

[Boiler 45,482]

Your parents own an apartment block, they have invested significantly in upgrades, they have taken the costs against the rents so it does not currently produce any income.

 

They have a current valuation that shows it exceeds the minimum required with a few 0's to spare.

 

Would this work, probably. I would still go with someone who had a clear comfortable income trail.

[carmel34 3,625]

4 hours ago, lizz567 said:

I don't think we'd be able to find an alternative joint sponsor who has more money, unfortunately, so some of the financial requirement would likely need to be covered by real estate assets if that's an option. Maybe it would be possible for us to do it this way? Or is it likely our application would be rejected?

The reason that officers prefer liquid assets on the I-864 is because they have professional discretion based on the public charge requirements of immigration law.  They make a decision as to the likelihood that your husband has sufficient financial support.  Every situation and I-864 is judged on the "totality of the circumstances."  Sufficient, current, W-2 income from a qualified primary or joint sponsor is best.  If assets are used to qualify, cash in a savings account is better than real estate, as it is easier and less risky to support the immigrant financially.  Think of it through the lens of the immigration officer conducting your husband's visa interview--if your parents have to sell their house, assuming it is their current residence, to support your husband's living expenses, where will they live and how will they pay for it?

[pushbrk 12,877]

8 hours ago, JeanneAdil said:

For the new baby,  u have lived outside the US for 7 years so do not qualify for CBRA based on the following" so need to also file I 130 for the baby

 

The U.S. citizen transmitting parent must satisfy physical presence requirements. Most cases require five years of physical presence inside the United States or its outlying possessions before the child is born, 

 

 I've seen this misinterpretation a few times.  Your brain seems to be inserting a "the" before the bold part of your quote, that is not there.  Not "the five years, but ANY 5 years with one of those five years being after turning 14.  Just helped a good friend get a CRBA, who has also not lived in the USA for 7 years but lived in the USA 45 years, 31 of which were after he turned 14.

[pushbrk 12,877]

6 hours ago, lizz567 said:

If I haven't exhausted your patience already, would you mind elaborating? I've tried researching this but got mixed/unclear information. If it's because of the *type* of asset, and they want something more liquid, that would be something we could solve, which is why I'm curious.

The "research" you need is in the I-864 instructions, which mention and define "liquid assets" and explain "why".