How does a U.S. citizen who has an infant bring her spouse to the U.S.?

[corgi]

Hi

My wife(U.S. citizen) and I(the foreigner!) are living outside the U.S.

We have a 6 month old and she is pregnant with our second(yay Irish twins!).

I have been reading about I-130 and K-3/4 but for me it seems nearly impossible for people like us to go to the U.S.

My questions are:

First of all, she has to either have a job or a lot of money to prove that she can support her foreign spouse.
Other 3rd party sponsers are not available.
So... she has to go to the U.S. alone and get a job first?
Are there any other ways?

Second,
So I was thinking maybe I could support myself if I get a job in the States and that could prove that I won't be a burden on the U.S. government.
Is there a way for foreign spouses to get a work permit without a job offer first and without getting the greencard first?

Third,
If all fails, maybe we could just file the I-130 along with the K-3 without the sufficient fund or a job to prove I won't be a burden.
If the K-3 application is accepted then maybe I could apply for a work permit before the USCIS denies our application?(I think they WILL deny it since we wouldn't have enough money or a job at the time of application obviously).

[buleinindonesia]

Hi Corgi,

I am in a somewhat similar situation. It is not impossible or hopeless. In our case we not applying for the K3/K4 visa as we were advised not to as the processing time for the I-130 and the K3/K4 are similar thus defeating the purpose of the K3/K4. But may be different for your case. To address your points:

1. Your wife needs to prove income 125% above poverty level. For your family size (I am assuming three people) this would be $20,090/annual. Your wife would need to either get employment in the US or find a joint sponsor. You could also use any assets that you or your wife may have that will equal the above figure, but I have been told it is best to have an ongoing annual income. Joint sponsors do not have to be family member and your wife can have up to two joint sponsors. Also, along with the financial support, your wife would need to prove her domiciled country is the US. Since your wife is not physically present in the US she would need to prove strong ties to the US.

All this being said, none of these things need to be proved for the I-130 petition. All that is needed for the I-130 is proof your marriage is bona fide.

2. It is possible to work in the US via a Form I-765, but I have little knowledge on this process. I do know that you would need to work 40 continuous quarters (10 years) to be considered self-sufficient, otherwise working or not you will need a sponsor.

3. Again, no need to prove financial stability for the I-130 petition. You will only need to do that once your case is approved by the USCIS and is sent to the NVC. Once your case is at the NVC you and your wife will then need to prove 125% above poverty level and proof of domicile.

Everything I mentioned above is in no way legal advice, but only based on my limited experience thus far. There may be others that can offer better advice.

Cheers

[corgi]

Thank you buleinindonesia.


> 1. ...All this being said, none of these things need to be proved for the I-130 petition. All that is needed for the I-130 is proof your marriage is bona fide.
> 2. ... via a Form I-765, ... you would need to work 40 continuous quarters (10 years) to be considered self-sufficient, otherwise working or not you will need a sponsor.
>3. Again, no need to prove financial stability for the I-130 petition.

Can you give me the links to the sources that state the above?

Also, coming back to my question #2, is there any way for the foreign spouse to get a work permit? ( it's okay if I don't get a greencard. It really doesn't matter as long as we can legally live in the States. )

[buleinindonesia]

Hi Corgi,

Here is the link from the USCIS website explainging the I-130 https://www.uscis.gov/i-130. Also this website offers information as well. Here is the link concerning employment. https://www.uscis.gov/i-765. Also here is the link concerning the Affidavit of Support (which would be filed after your I-130 is approved) https://www.uscis.gov/i-864 Each link has downloadable PDFs for the forms and instructions outlining the forms as well as requirments. You may also find this link useful as it gives step by step information of the whole process http://travel.state.gov/contenthttps...d/contact.html

Good Luck