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  • Process for spouse

    Looking for some clarification. This website makes the process appear simple, but some others have recommended getting an attorney just to make sure everything is filled out and filed correctly. I would like this thread to be my personal journal/processing notes. I married my wife in Russia this month and will do this process in the US.

    Step 1:
    -Fill out the I-130 Petition.
    -Prove my legal status via copy of my birth certificate.
    -Prove my family relationship via copy of marriage certificate and translation of marriage certificate, a passport style photo of both of us, a G-325A for the each of us.
    -Provide a copy of the statement showing my wife own's her flat with my Russian visa registration to that address for the time I've been there (6 months), documentation that my wife is pregnant to prove our bona fide marriage, maybe receipts from me sending her money via Moneygram/Western Union as well.

    ***Since our baby daughter is due sometime late January, being in born in Russia may be complicated but so far I've read that she while she will be born with Russian citizenship, she will be eligible to obtain US citizenship as well. In the case that she is unable to obtain US citizenship, will this entire process be less complicated if I wait until my daughter is born in case I need to file another petition for her as well so her's and my wife's are processed together at the same time? This would mean I provide all of the same information I did for my wife for my daughter, plus the extra $420 filing fee.

    -Provide FC-029 copy certification form.
    -Provide a money order of $420 for USCIS filing fees.
    -Living in CA, mail everything to the USCIS Lockbox in AZ.



    Step 2: -Receive I-797C and wait for I-797.
    -Wait for NVC receive notice and case to become current.
    -Receive and pay Affadavit of Support fee bill and submit DS-3032.
    -Receive I-864 forms and submit with support documentation for myself and two joint-sponsors.

    ***Here is where I may have trouble. I'm young and don't have any tax returns or money in the bank, just cash savings as I am paid in cash. I may be able to file back taxes to get some form of official documentation as well as start filing my quarterly reports as an independent contractor. I am leasing a house so that will prove my domicile but I live alone and will have no household member support. So legally on my own at this moment in time I cannot meet the 125% above poverty guidelines to support. I assume for the I-864 my household size should be considered two as I'm intending to live with my spouse and support her meaning my annual income is to exceed $20,025.

    Something to consider as well is that, if I file now and it's being processed before my daughter is born and she obtains US citizenship while in Russia, may I still move forward without notifying anyone or would be it be best to just use the income requirement for a household size of three to cover it just in case? This would be $25,200 then so not a big deal and I'm sure with the use of two joint-sponsors it will exceed this anyways. I just worry that maybe the consular officer sees that I myself don't have any official financial documentation and can deny the visa based on that despite two fully capable joint-sponsors.

    -Receive and pay IV fees.
    -Wait for Packet 3 or 4 and continue with consulate processes (medical examination for wife/daughter, interview, etc.)

    What are your opinions on the *** situations? Despite lacking my own legal financial ability (I am totally capable but doesn't matter without official documentation), wouldn't two fully capable joint-sponsors make that not matter? They are legally swearing to support her, shouldn't that be enough in the eyes of the law? Again my worry is the consular officer themself might not like the fact I don't have the legally proven historical ability to support.
    Last edited by Lightstrider; 08-12-2016, 09:22 PM.

  • #2
    I see the other option is to go for a K-3 (along with K-4 if daughter is ineligible for US citizenship) with an I-129F after receiving the I-797. It just has to be before NVC sends the I-130 to the Department of State. My current financial status dictates that even though an I-864 is not required, I and my joint-sponsors should fill out the I-134 for her K-3 interview.

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    • #3
      Noticed my 125% above poverty line was off. Household of 2 (really just myself) to sponsor is $20,025 (had 25,025 in original post that I edited), then to sponsor my daughter if needed would mean add $5,200 totalling $25,225 for the required minimum to sponsor both.

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