Questions about I-130 process

[doggington]

Hi everyone,

I am amazed by all the answers in this forum and have searched for the answers to my questions but I guess every case is different.
Im looking to start the I-130 process through my american wife, I am Swedish.

1. My wife spent the first 25 years of her life in Maryland but now lives with me in Sweden. Does she need to live in the US right now or is it enough that she has lived there before and continues to file taxes in the US.

2. Seeing as how my wife lives in Sweden she does not have a job in the US. Is this an obstacle.

3. Can we name my wifes parents as sponsors to improve our case?

4. My wife is officially a resident of Maryland but we intend to move to Los Angeles. Does it matter where we want to reside in the US or do we have to move to Maryland first upon arriving in the US?

5. It seems to be a pretty straight forward process. My wife has suggested turning to a lawyer but we now think we should be able to do this on our own. How are the rest of you dealing with this?

[rayb]

Doggington,

Please see my responses in CAPS after your questions:

Hi everyone,

I am amazed by all the answers in this forum and have searched for the answers to my questions but I guess every case is different.
Im looking to start the I-130 process through my american wife, I am Swedish.

1. My wife spent the first 25 years of her life in Maryland but now lives with me in Sweden. Does she need to live in the US right now or is it enough that she has lived there before and continues to file taxes in the US.

YOUR WIFE DOES NOT NEED TO BE LIVING I THE U.S. TO PETITION YOU, BUT SHE MUST HAVE PROOF OF INTENT TO RETURN TO THE U.S., WITH A U.S. ADDRESS, BEFORE YOU GET YOUR VISA OR TO RETURN TO THE U.S. WITH YOU WITH YOU HAVE YOUR VISA. IN OTHER WORDS, A U.S. DOMICILE IS REQUIRED OF A PETITIONER AND SPONSOR.

2. Seeing as how my wife lives in Sweden she does not have a job in the US. Is this an obstacle.

NO, BUT SHE WILL STILL HAVE TO BE THE PRIMARY SPONSOR, EVEN WITHOUT EMPLOYMENT OR INCOME, AND A U.S.-BASED CO-SPONSOR WILL BE NEEDED.

3. Can we name my wifes parents as sponsors to improve our case?

THE CO-SPONSORS WILL NOT HAVE TO BE NAMED UNTIL AFTER THE PETITION IS APPROVED AND THE CASE GOES TO THE NATIONAL VISA CENTER FOR SPONSORSHIP DOCUMENT SUBMITTAL.

4. My wife is officially a resident of Maryland but we intend to move to Los Angeles. Does it matter where we want to reside in the US or do we have to move to Maryland first upon arriving in the US?

THERE IS NO SPECIFIC DESTINATION REQUIREMENT. BUT A CHANGE OF LOCATION IN THE U.S. MUST BE REPORTED BY BOTH OF YOU WITHIN 10 DAYS OF THE CHANGE.

5. It seems to be a pretty straight forward process. My wife has suggested turning to a lawyer but we now think we should be able to do this on our own. How are the rest of you dealing with this?

USE OF AN ATTORNEY WILL COST BETWEEN $1,500 AND $3,000. AN ATTORNEY IS NOT NEEDED FOR THIS PROCESS UNLESS SIMPLE PAPERWORK COMPLETION IS PARTICULARLY CHALLENGING TO EITHER OR BOTH OF YOU. HAVING SAID THAT, HOWEVER, SOMEONE WITH EXPERIENCE SHOULD BE CALLED UPON TO REVIEW YOUR PAPERWORK BEFORE SUBMITTAL.

--Ray B

[doggington]

Thank you so much for your quick answers.

[British Pal]

Green Card

Hi

I would like to ask u a question please. My wife is a green card holder. She is in US. She wants to file the my spouse visa petition from Dallas. She is not employed.

Does she need a US based co-sponsor after getting my petition approved. Can i deposit a require amount in my wife's bank account for sponsoring me to U.S.
Regards

[rayb]

Your wife will need sufficient cash available to meet or exceed at least 3 times the annual income requirement ($20,000+), but the National Visa Center will go further and ask for proof of ongoing income. A co-sponsor would be recommended for her.

If your wife is not a U.S. citizen, however, it will be about two years after she submits the petition that your Priority Date will be current and when she will need to provide proof of sponsorship.

--Ray B

Hi

I would like to ask u a question please. My wife is a green card holder. She is in US. She wants to file the my spouse visa petition from Dallas. She is not employed.

Does she need a US based co-sponsor after getting my petition approved. Can i deposit a require amount in my wife's bank account for sponsoring me to U.S.
Regards

[British Pal]

Green Card I-130 petition

Hi Ray B

I heard that my wife need to submit the affidavit of support right away after the approval of I-130. SO that's mean she she need to show the money in her bank account (20000+) and co -sponsor as well at that time.

Do let me know one more thing , one of my friend he lives in US and he has Canadian passport , can be her Co- sponsor.

Regards

[rayb]

$20,000 is not enough money to meet the asset requirements for sponsorship. She must have at least three times that amount, and also some proof of ongoing future income or employment.

A co-sponsor must be a U.S. citizen or Green Card holder.

--Ray B

Hi Ray B

I heard that my wife need to submit the affidavit of support right away after the approval of I-130. SO that's mean she she need to show the money in her bank account (20000+) and co -sponsor as well at that time.

Do let me know one more thing , one of my friend he lives in US and he has Canadian passport , can be her Co- sponsor.

Regards

[British Pal]

Spouse Sponsorship

Hi Ray B.

In the continuation of our conversation below, I would like to ask some information with respect as you are helping me out. For that thank you very much . I really appreciate.

My wife is Green card holder and she is not working in U.S. She is going to file my petition in next 2 weeks. I am working in UK as a Manager in a Chartered Accountant Firm. Some time i do online work for several companies and they pay me. My annual income is $18000 if i convert it from Pound to Dollars. I have current account balance is around $35000. Can i show my income and asset to meet the requirement of affidavit of support as my wife is sponsoring me from U.S.

And let me know when and at what stage they will require affidavit of support or proof of income after filling my petition.

Regards

[rayb]

Brit Pal,

Your sponsorship income must be sourced from the U.S. The proof of sponsorship will be required after the petition is approved, AND WHEN YOUR VISA QUOTA SLOT is reachable (about 10 months after your wife submits her petition, if you are being processed in U.K.).

$35,000 cash would not be enough liquidity to guarantee sponsorship.

--Ray B

Hi Ray B.

In the continuation of our conversation below, I would like to ask some information with respect as you are helping me out. For that thank you very much . I really appreciate.

My wife is Green card holder and she is not working in U.S. She is going to file my petition in next 2 weeks. I am working in UK as a Manager in a Chartered Accountant Firm. Some time i do online work for several companies and they pay me. My annual income is $18000 if i convert it from Pound to Dollars. I have current account balance is around $35000. Can i show my income and asset to meet the requirement of affidavit of support as my wife is sponsoring me from U.S.

And let me know when and at what stage they will require affidavit of support or proof of income after filling my petition.

Regards

[British Pal]

Spouse Sponsorship

Hi Ray B

I understand your reply . Thank you.

Can you please advise me what should i do for the proof of income sponsorship, as my wife is not working in U. S.

Why they don't count my income as a joint sponsorship.


Can i show my bank statement that is on my name as a proof of asset to meet the income requirement as i am maintaining $35000 cash in my UK bank account instead of my wife.
Regards

[rayb]

Your $35,000 cash won't meet the requirements for substitution of "assets' for needed income at 3 times the deficit amount. Even if you have $60,000 in cash, there is no proof of sustained income from a U.S. source, so your household member co-sponsor application (I-864A) would very likely be disallowed.

To make this work, you need a Stateside co-sponsor with U.S. income or liquid assets at an easy 5 times the income amount (for a non-household member).

--Ray B

Hi Ray B

I understand your reply . Thank you.

Can you please advise me what should i do for the proof of income sponsorship, as my wife is not working in U. S.

Why they don't count my income as a joint sponsorship.


Can i show my bank statement that is on my name as a proof of asset to meet the income requirement as i am maintaining $35000 cash in my UK bank account instead of my wife.
Regards

[British Pal]

Spouse Sponsorship

Hi Ray B

One of my friend who lives in US is ready to be a co - sponsor with my wife. My friend's annual income is $25000. He has a family with 2 children one is 4 years old and 2nd is 2 years old.

Can he be a co-sponsor in my case.
Regards

[rayb]

Your friend's income, $25,000, is already too booked up to sponsor even one immigrant. For his own family size, 4 people, he needs about $30,000. If you are added to his household calculation, he would need proof of approximately $35,000 annual income.

Your wife needs to return to the U.S. and work for about 3-6 months at a compensation level that will annualize to at least $20,000 (less than $10.25 an hour).


--Ray B

Hi Ray B

One of my friend who lives in US is ready to be a co - sponsor with my wife. My friend's annual income is $25000. He has a family with 2 children one is 4 years old and 2nd is 2 years old.

Can he be a co-sponsor in my case.
Regards

[British Pal]

Spouse Sponsorship

Hi Ray B

My wife got her green card in her childhood through her father's immigration. Her uncle file her fathers family based petition. My in laws got their green card in May 1996 then they settled to America. After 4 and half year in November 2000 they returned to their back home country with out applying for Citizenship. After my Wife's marriage with me i applied for the activation of that expired green card in US Embassy. Counselor approved my wife green card and she is in America now. She arrived in Arizona last week. Now i have 2 question.
1.Can she file a spouse visa petition for me from U.S.A (As i m her husband) while i m in my back home country.

2. Does the USCIS count her previous time period as she lived in U.S. from May 1996 to November 2000 towards her Citizenship.

Regards

[rayb]

Yes. your wife, as a U.S. Permanent Resident, can petition you for a spousal visa, but you will be subject to a quota wait of about 18 months for an available visa slot.

Your wife's previous stay in U.S., ending in 2000, is now history, and not available to meet her continuous residency requirement for Naturalization.

--Ray B

Hi Ray B

My wife got her green card in her childhood through her father's immigration. Her uncle file her fathers family based petition. My in laws got their green card in May 1996 then they settled to America. After 4 and half year in November 2000 they returned to their back home country with out applying for Citizenship. After my Wife's marriage with me i applied for the activation of that expired green card in US Embassy. Counselor approved my wife green card and she is in America now. She arrived in Arizona last week. Now i have 2 question.
1.Can she file a spouse visa petition for me from U.S.A (As i m her husband) while i m in my back home country.

2. Does the USCIS count her previous time period as she lived in U.S. from May 1996 to November 2000 towards her Citizenship.

Regards