I-864 questions - help!

[bigblur 0]

Hi,

Thanks for all the advice to date, this forum is great!

OK, i married a beautiful Brazilian in March and we moved back to the states later in the month.

She's here on her tourist visa and we were hoping to start the paperwork for immigration as soon as i had a job for a btter chance at getting it all through. Well we're now in August and I am still interviewing. We're definitely feeling the pressure of her 6 month expiration coming up.

My main question is if i DO have assets to show (mostly in the form of a bank account as I was out of country for a couple of years myself), how much is enough to show without bonafide income to show?

I do have the option to get a co-signer but does it still make sense to wait till i get a job or file regardless?

Any other advice?

Thanks,

A

[YuAndDan 153]

Firstly you may have wanted to post this to K-3 or CR-1 forum, your wife is not a fiancee so would not be doing a K-1 visa.

You need to provide your most recent tax return for the I-864, if you did not file returns while out of country you will need to file them late, you may be exempt from paying taxes on foreign income, but not exempt from filing annual returns to the IRS.

Assets are counted as 1/3 the value of income, so if you fall short of the 125% povertyline by 1000 then you need to show 3000 in assets.

[Boiler 46,336]

If you are proposing to do what I think you are, see a Lawyer.

[Yodrak 7]

bigblur,

What "paperwork" are you referring to, visa or adjustment of status? Assuming the latter, I must next ask - are you telling us that your wife entered the USA as a non-immigrant with the intention of immigrating?

Have a consultation with an immigration attorney. During the consultation you can ask your I-864 questions as well.

Yodrak

Hi,

Thanks for all the advice to date, this forum is great!

OK, i married a beautiful Brazilian in March and we moved back to the states later in the month.

She's here on her tourist visa and we were hoping to start the paperwork for immigration as soon as i had a job for a btter chance at getting it all through. Well we're now in August and I am still interviewing. We're definitely feeling the pressure of her 6 month expiration coming up.

My main question is if i DO have assets to show (mostly in the form of a bank account as I was out of country for a couple of years myself), how much is enough to show without bonafide income to show?

I do have the option to get a co-signer but does it still make sense to wait till i get a job or file regardless?

Any other advice?

Thanks,

A

Edited August 7, 2007 by Yodrak

[Gaby&Talbert 1]

The problem with AOS is that you were married before you came to the US on her tourist visa. If you came here and then got married you could easily file here. I would suggest going to the AOS forum and to http://immigrate2us.net/forum/ for better advice. You will find alot of people being negative because they will feel that you cheated the system. The worst thing that could happen is that your wife will have to go back home if her I-94 is going to expire before your completed with the process. One option could be file for a K-3 and hope you have an interview before her I-94 expires. She hasn't violated any immigration laws if she plans on returning home before her I-94 expires.

Edited August 7, 2007 by Gaby&Talbert

[YuAndDan 153]

As far as I can tell the OP is not proposing AOS from the visitors visa, his wife is just here as a visitor, and they are starting the CR-1 or K-3 process and are worried about the support issue.

Anyway, the support issue wont be an issue until the interview at the consulate, you can file I-130 for (CR-1) and if you wish to pursue the K-3 You can then file I-129F after getting NOA1 for the I-130, way before you have your financial affairs in order. If you are still looking for a job when the interview comes up you can use a co-sponsor.

You don't file I-134 or I-864 at the start of the game when you initially file the I-130 petition.

SEE: the guides.

http://www.visajourney.com/forums/index.ph...page=i130guide1 (CR-1)

http://www.visajourney.com/forums/index.ph...mp;page=k3guide (K-3)

Personally I would recomend just doing the CR-1 visa, it costs less and involves much less paper work, and results directly in a green-card being issued. The process is just a bit longer than K-3.

Again you cannot adjust status from the Visitors visa.

[Boiler 46,336]

Again you cannot adjust status from the Visitors visa.

A lot of people that have would disagree with you.

[YuAndDan 153]

Again you cannot adjust status from the Visitors visa.

A lot of people that have would disagree with you.

If you read carfully the post.

OK, i married a beautiful Brazilian in March and we moved back to the states later in the month.

She's here on her tourist visa and we were hoping to start the paperwork for immigration as soon as i had a job for a btter chance at getting it all through. Well we're now in August and I am still interviewing. We're definitely feeling the pressure of her 6 month expiration coming up.

Please note they married in March, and LATER traveled to the USA using the visitors visa.

If they apply to adjust status this would clearly be text book visa fraud using a visitor's visa with the intent to immigrate. They were married BEFORE arriving on the visitors visa, not after in the USA.

They would be hard pressed to explain why the I-94 shows a date after marriage to the INS officer conducting the interview.