XM148

Just now, Mike E said:

Why aren’t they pursuing EB-5?

 

Or why aren’t they gifting sufficient liquid assets to their daughter for an asset based I-864?

If they are very wealth they don’t need OP to sign I-864. 

They did do EB-5 for my wife and her sister. Neither went through, going on 6+ years. The group still has all the money too.

Its quite possible they have already gifted the amount needed to my wife. She has accounts that I have never seen that contain money from her parents.

3 minutes ago, HarryWL said:

 

That sounds like a commitment to a life of misery. As someone who filed for divorce, I basically let my ex-husband (the sponsor) keep most of our belongings just to get rid of him out of my life. Would she not do a simplified divorce? 

 

Perhaps there's a compromise to be made? Offer to co-sponsor her parents provided she agrees to a divorce on your terms? 

 

That's what I was going to offer when she asks me to co-sponsor her parents.

Just now, HarryWL said:

 

The main question is why would you sign it? If you feel like you got scammed, why not just part ways and get divorced? For you to sign an I-864 relating to her parents, it would be as a co-sponsor, as your wife would be the primary petitioner. 

Because I cant stand to give her half of everything I've worked for the past four years while she sat at home doing nothing besides shopping on Amazon. 

16 minutes ago, OldUser said:

But they're very wealthy, as you say, why would they need your financial help? Where would your responsibility lie if they can support themselves?

Isnt an I-864 required regardless of their assets?  Still a liability to me if I sign it.

6 minutes ago, Family said:

If you are not worried about being financially responsible for them, then why the reluctance to help your wife sponsor them?

 

Because then I would be responsible for them. 

2 minutes ago, Jorgedig said:

Then that is entirely within your control, since you would have to fill out and sign a separate form for that.

 

Sounds like they will need to seek a joint sponsor when the time comes, or an entirely different qualified petitioner.

 

You may also want to bring to her attention that they will not be eligible for medicare or social security for many years (if at all, depending on whether they intend to work), and that bringing elderly parents over without a solid plan for funding their health care can lead to financial ruin.

Her parents are very wealthy, I doubt they will be too concerned with medicare or social security

13 minutes ago, Jorgedig said:

As the petitioner and sponsor, she will submit the I-864.  She will sign that form and provide supporting documentation of her income.

 

If you wanted to combine your income with hers, as a household member, you would submit the I-864A.

 

Do you file federal taxes jointly?

 

Immigration is expensive, and a reasonable expectation would be for her to get a job if she wants to sponsor immigrants.

We generally do file taxes jointly. I doubt she will get a job and I definitely dont want my income combined with hers as a sponsor

2 minutes ago, powerpuff said:

It’s not proof of current income. You would need to supply that with current proof such as pay stubs and employment letter. You said yourself that when you petitioned her you had to submit a bunch of stuff, I assume that entailed more than tax returns.

Yes you are correct, I did have to submit a bunch of paperwork. Thank you for lowering my stress level!

4 minutes ago, powerpuff said:

That doesn’t sound like an immigration issue.

 

here is the scenario:

- she files for her parents

 

- Time comes to submit financial documents to NVC. She is the primary sponsor and will always remain the primary sponsor even if her income is $0 because it is her parents she’s sponsoring. She will have to submit her I-864 but won’t have any proof of income.

 

- NVC will issue an RFE and request a joint sponsor.

 

- she will come to you and ask to be a joint sponsor and for you to fill out a I-864. You say “no thanks”

 

End of story. She will have find another joint sponsor or her parents will not get a visa. And you never signed (hence never agreed) to be a joint sponsor so I don’t see what the worry is about. Sounds like solely her own problem to figure out 
 

 

 

Thanks for the explanation. My concern was she would obtain a copy of our tax return from the IRS and use that for proof of income.

6 minutes ago, Crazy Cat said:

 

She cannot solely sponsor her parents without sufficient current income or assets.  She will have to find a willing, qualified joint sponsor. She has the right, as an American citizen, to petition her parents.  

The issue I'm concerned with since we are married a lot of my assets are now considered hers even though she isnt on the accounts. She is still on the tax return

6 minutes ago, Jorgedig said:

Nope.   And now that she’s a USC, you’re off the hook for her I-864.

 

Are you divorcing?   You’ll need a good lawyer, but not related to immigration, as that chapter is done.

Yes but if she signs the i-864 for her parents, she has no income (besides mine). When I signed for her I had to provide a bunch of financial documentation. Wife is not on any of my accounts. How would I not be responsible for it if she signs while we are married?

Not currently divorcing. 

My wife was just naturalized as a US Citizen. She doesn't work, I am the sole bread winner. Long story short I pretty much got scammed and taken advantage of by her.  She was just naturalized as a US Citizen two weeks ago. She now wants to sponsor her parents to come to the US from China. 

If she decides to sponsor her parents, will I be required to sign the affidavit of support?   If she signs it, will I still be responsible for the support since we are married? 

We have no idea what the hold up with her EB-5 is. Everyone in the group, about 20 other people, are in the same boat as her. No one has gotten their visa. But all paid the 500k and the project has officially been completed, but they wont return the money because none of the visas have been issued.

Hi everyone,

Hopefully I am posting this in the correct forum. I am looking for advice as my wife and I are preparing to sue USCIS to force a decision. Here is a brief background:

My wife is from China. About seven years ago she applied for an EB-5 visa. This was a very significant expense, and all though her investment project has been completed, none of the visas in her EB-5 group have been granted. The money is still tied up and she received a letter that said the EB-5 investment manager will be keeping it another 10 years due to the delay with the visas. About 5 years ago, she applied for, and was granted a student visa. She came to the US and studied in two Universities, one in Ohio and another in California. We met while she was in school in California and she had been in the US for about 3 years at that time. Eventually we got married, she moved to Alaska, and we immediately filed all of the paperwork to change her status and get her a green card due to marriage. This was 23 months ago.  After we were married she was granted an employment authorization card and was able to get a drivers license in Alaska. This state is very strict on who they issue drivers licenses to. The card was valid for one year. She applied to renew it and was sent a 180 day extension letter. That was 8 months ago, since she received the letter. Her drives license is now expired and she can't drive anymore, because she never received a new card. Somewhere the the midst of this we had a daughter, who is now 8 months old. We also live in a remote area, 25 miles from town. Having an infant child and a wife without a valid drivers license is a great hardship. 

Three months ago we finally had our first immigration interview. We were interviewed separately and it lasted about 45 minutes for each of us. We brought in all types of documents, including marriage certificate, joint bank accounts, insurance polices, birth records of our daughter, property deeds, photos, joint tax returns, etc. The case manager said he would have no problem approving our case, except the case was now so "old" that her immunization certificate was now expired and she needed a new one from a doctor. Two weeks and $1100 later, we sent the documents in.     

Two months go by and we receive another letter, requesting a second interview. OK, I guess. So we go in for this and are interviewed separately again. Her interview took 3 hours. It was absolutely agonizing sitting in the lobby because this was completely unexpected. When I was finally called in, my portion took 1.5 hours. The case manager had a completely different attitude this time and he had 8-10 pages of hand written notes from my wife's interview. We both have relatively significant assets (compared to the average person) and the immigration officer was insinuating my wife invested funds into my business (self employed) in exchange for marriage. Absolutely false because I've never used a dime of her money and none of it has ever been invested into my business, one that I started 3 years before we even met. The officer then tried to accuse me of owing back taxes (absolutely false), and was unable to show any evidence of this claim when I asked for proof.  He then goes on a tangent about her "extreme attempts to become a US Citizen" because of her EB-5, student visa, and now marriage. He told me this is a red flag and looks very bad for her. I was pretty taken back and just told him look, she already had another pathway to immigration via EB-5, our marriage is real, we have a child, and you have a 12" thick binder sitting on your desk of her case file that contains all of our supporting documents. What more do you want us to prove? He looked me right in the eye and said "OK, you're right. I promise you I will approve your case today" (his exact words) and went on to say she can expect her green card to arrive in the mail in 2-3 weeks.

On the drive home my wife told me that he her asked many detailed questions about my business. I am a licensed federal firearms dealer. He asked her how many guns I own, their storage locations, questions about the legality of my business, how many "illegal" guns I owned, etc. Never said a word about it to me. Needless to say all of my firearms are legal in accordance with state and federal law. My business is legal and we supply many of the local police departments. 

A few days later, we receive a letter from him dated one day after the interview, requesting/demanding copies of her college transcripts and tuition payment receipts. The frustration level was beyond belief. He looked me in the eye and promised to approve the case. I know that means nothing but oh man, so irritating. 

This isn't really relevant but just leaves a terrible taste on how USCIS "works". While I was waiting in the lobby during the 3 hour misery, a young woman came up to the fast pass window. She had a letter for her immigration interview that was about 30 days out. She was begging the guy at the counter for it to be moved up ASAP because she needed her legal status as fast as possible. When the guy asked her why, she told him she needed food stamps and the ability to apply for other government benefits and housing. They were more than happy to accommodate her and moved her interview to the following week. Meanwhile we are paying 150k+ a year in federal taxes and getting the run around for nearly two years while they fast track a societal leech. 

We have ordered certified copies of her transcripts and recovered all of her tuition receipts. The transcripts are in the mail. Once we receive them we are planning to mail them overnight and wait two weeks. If her case has not been approved or additional documentation is again requested, we are going to hire an attorney and sue USCIS to force their decision. Looking for advice from those who have had to do this before, and whether or not you were able to recover legal fees.

Sorry for the long post, just needed to vent.