Married To a Non Resident

[dax1234]

I am a US citizen and I am married to someone outside of the United States. I am currently residing outside of the United States and I have never worked in the US, however I am employed but working in the country in which I reside. I want to migrate to the United States with my wife and I wanted to find out if it would be possible for me to file for my wife. If so, what is the process for me to accomplish this? What steps should I take?

Looking forward to any of your responses. Thank you.

[NettieL]

I am a US citizen and I am married to someone outside of the United States. I am currently residing outside of the United States and I have never worked in the US, however I am employed but working in the country in which I reside. I want to migrate to the United States with my wife and I wanted to find out if it would be possible for me to file for my wife. If so, at is the process for me to accomplish this? What steps should I take? Looking forward to any of your responses. Thank you.

You need to file Form I-130. This is the form with which you petition for your wife. The Affadavit of Support Form I 864 is where you are going to need more assistance than what I can give. This is the form where you or a co-sponsor proofs that they have enough money to sponsor her, based on their Form 1040 of the previous tax year (US taxes paid).

I made a list with the process:
I 130 Petition for Alien Relative
I 765 Employment Authorization
I 864 Affidavit of Support
I 485 AOS or Green Card Appli
Biometrics
I 131 Advanced Parole (re-entry permit)
I 693 Medical
I 551 GC Fee after interview

Since you are outside of the country, you will need to file for a Green Card for her through Consular Processing, file I-130.

If both of you are in the US, you file I130 and I485 congruently.

https://www.uscis.govhttps://www.imm...ive-us-citizen

[newacct]

Since your wife is outside the US, she will go through Consular Processing in her home country. You file I-130 only (with the materials required by I-130) right now and nothing else.

[dax1234]

You need to file Form I-130. This is the form with which you petition for your wife. The Affadavit of Support Form I 864 is where you are going to need more assistance than what I can give. This is the form where you or a co-sponsor proofs that they have enough money to sponsor her, based on their Form 1040 of the previous tax year (US taxes paid).

I made a list with the process:
I 130 Petition for Alien Relative
I 765 Employment Authorization
I 864 Affidavit of Support
I 485 AOS or Green Card Appli
Biometrics
I 131 Advanced Parole (re-entry permit)
I 693 Medical
I 551 GC Fee after interview

Since you are outside of the country, you will need to file for a Green Card for her through Consular Processing, file I-130.

If both of you are in the US, you file I130 and I485 congruently.

https://www.uscis.govhttps://www.imm...ive-us-citizen

Hi all thank you for this information. But what if I do not have a sponsor?...What should I do next? Should I go ahead and file the I-130 alone and then wait for it to be approved so that she can then apply for a K3 visa?

[newacct]

Hi all thank you for this information. But what if I do not have a sponsor?...What should I do next? Should I go ahead and file the I-130 alone and then wait for it to be approved so that she can then apply for a K3 visa?

K-3 is obsolete. She will directly get an immigrant visa. If your income is insufficient (and if you don't have US income, it is insufficient), then you need to find a joint sponsor whose income is sufficient. Otherwise, she cannot immigrate.

[dax1234]

K-3 is obsolete. She will directly get an immigrant visa. If your income is insufficient (and if you don't have US income, it is insufficient), then you need to find a joint sponsor whose income is sufficient. Otherwise, she cannot immigrate.

Hi all, I just wanted to get all my bases covered. If I do not have a sponsor and I file the petition I-130 by itself, what is going to happen? For instance would it still be approved without filing I-864? And if it is approved what is my next step?

[newacct]

Hi all, I just wanted to get all my bases covered. If I do not have a sponsor and I file the petition I-130 by itself, what is going to happen? For instance would it still be approved without filing I-864? And if it is approved what is my next step?

The I-130 will be approved. The I-130 is only about the relationship. After it's approved it will go to NVC and the consulate which will ask for more stuff from you including the Affidavit of Support. If you cannot provide it then it cannot proceed from there.

[dax1234]

K-3 is obsolete....

Hi newacct, When you say that the K-3 visa is obsolete, what do you mean?

Also if my spouse was able to get her Application for Employment Authorization I-765 approved before the I-130 is approved, can she use her income or file along with myself on the I-864? I just know that sometimes the employment authorization might be approved faster.

[newacct]

Hi newacct, When you say that the K-3 visa is obsolete, what do you mean?

K-3 doesn't serve its original purpose anymore and you will almost certainly not get it even if you apply for it. K-3 was for when immigrant petitions very very slow to process, sometimes taking years, and you could file an I-129F for K-3 that gets processed much faster. These days, immigrant petitions are processed pretty fast, and in fact, if you file a I-129F they will process it together with the I-130, so the I-129F will almost never be approved before the I-130, and when the I-130 is approved, the I-129F is automatically cancelled as you are no longer eligible for a K-3.

Also if my spouse was able to get her Application for Employment Authorization I-765 approved before the I-130 is approved, can she use her income or file along with myself on the I-864? I just know that sometimes the employment authorization might be approved faster.

There is no I-765 for EAD. That is only for people doing Adjustment of Status in the US, which she is not doing.

[dax1234]

K-3 doesn't serve its original purpose anymore and you will almost certainly not get it even if you apply for it. K-3 was for when immigrant petitions very very slow to process, sometimes taking years, and you could file an I-129F for K-3 that gets processed much faster. These days, immigrant petitions are processed pretty fast, and in fact, if you file a I-129F they will process it together with the I-130, so the I-129F will almost never be approved before the I-130, and when the I-130 is approved, the I-129F is automatically cancelled as you are no longer eligible for a K-3.

Hi newacct, Thank you so much for the help. I hope I am not disturbing you in any way asking all of these questions. I am just trying to figure out my options. Since I know that I will have to go up there to work, which is my plan from the start, and this may seem like an odd question to you, but what is the minimum income I should make in order to file the I-864 to at least be above the poverty bracket? I have never filed taxes so I am not exactly sure what income I should be making in order to be qualified.

Also my next question is that since I will be working up there, Is there any way for my wife to be with me while I am working and for us to do the petition? I really hope that we are not separated while I file this petition.

[Mercithehairball]

https://www.uscis.gov/sites/default/files/files/form/i-912p.pdf

Does your wife has visitor visa to enter US with you? If so, it is better/easier she comes with you then you apply green card for her while she is in US.

[newacct]

Hi newacct, Thank you so much for the help. I hope I am not disturbing you in any way asking all of these questions. I am just trying to figure out my options. Since I know that I will have to go up there to work, which is my plan from the start, and this may seem like an odd question to you, but what is the minimum income I should make in order to file the I-864 to at least be above the poverty bracket? I have never filed taxes so I am not exactly sure what income I should be making in order to be qualified.

This lists the salary needed for each household size (you need 125% of poverty level); if it's just you and her and no children or other dependents, the household size would be 2.

Also my next question is that since I will be working up there, Is there any way for my wife to be with me while I am working and for us to do the petition? I really hope that we are not separated while I file this petition.

She can always try to enter on visitor visa if her plan is to visit temporarily and then leave. But there's a good chance of being denied entry as she plans to immigrate soon and it's so easy for her to just change her mind while in the US and just stay.

[dax1234]

This lists the salary needed for each household size (you need 125% of poverty level); if it's just you and her and no children or other dependents, the household size would be 2.

Ohh ok thats fine. Thanks so much on clarifying that. But what I actually meant was that when I get a job, the salary range should I look at is $15 per hour...or more or less in order to meet this criteria? I'm not exactly sure...And yes you are correct it will just be myself and my wife.

She can always try to enter on visitor visa if her plan is to visit temporarily and then leave. But there's a good chance of being denied entry as she plans to immigrate soon and it's so easy for her to just change her mind while in the US and just stay.

Ahh I see ok no problem. Well the plan is to go on her vistors visa. So I hope that they would not deny her entry. But we will of course follow the rules and for her to leave and not stay. Just that she may have to be back and forth while we are in the immigration process.

[dax1234]

[QUOTE=dax1234;491916]Ohh ok thats fine. Thanks so much on clarifying that. But what I actually meant was that when I get a job, the salary range should I look at is $15 per hour...or more or less in order to meet this criteria? I'm not exactly sure...And yes you are correct it will just be myself and my wife.

Can anyone help me on this part? How much would I need to make per hour so that I would know for sure if I am qualified for the affidavit of support? I'm not in the US so I do not know how the income tax works because I know the affidavit of support takes the total amount after tax. I just need help to find out how much I need to make per hour. Thanks.

[NettieL]

It is about your annual income and not how much you make/hr.

If you file personal taxes and you're not a business owner or self employed (which have other forms), it is currently Line 22 of Form 1040.

Here is the link for the 2017 Poverty Guidelines. (new account has already posted it in this thread, but I'll post it again.)

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

[QUOTE=dax1234;493496]

Can anyone help me on this part? How much would I need to make per hour so that I would know for sure if I am qualified for the affidavit of support? I'm not in the US so I do not know how the income tax works because I know the affidavit of support takes the total amount after tax. I just need help to find out how much I need to make per hour. Thanks.