Various questions about immigrating based on marriage to U.S. citizen

[dicam10565]

Hello,
Sorry in advance for the newbie questions but I'm a little confused about which Visa I would need and some other things as well that concerns immigrating to the United States. I would like to explain my situation.
My husband left the U.S. to live with me in my home country in the EU nearly 20 years. We got married in my country shortly after he moved to me. He holds a dual citizenship (his U.S. citizenship plus citizenship of my country) for many years. We are thinking about moving to the United States. My questions are:

1. Based on the information I just provided, which Visa would I need to immigrate to USA? I know this section says Fiancee Visas K1, K2, K3, K4. I can't find a section for spouse Visas. On travel.state.gov it says "Immigrant visa for a Spouse of a U.S. Citizen", an IR1 (Immediate Relative), form I-130 is required. Is that what I need? Is there not a subsection for these type of Visas on this forum? I cannot find it.

2. Since my husband has been living with me in my country for many years, he does not have a home address in USA at the moment, but we have a friend in the United States who owns a house we can live in as soon as we move. Would this fact be a detriment in any way when it comes to my chances of being given a Visa? Can we apply while we are both stil living l in my country, or must my husband move to that address and leave me here alone before we apply?

3. My husband is retired and does not earn enough retirement to meet the minimum income to sponsor me. He is hoping to go back to work once in USA, but at the moment he is not employed by anyone. The friend I mentioned in question 2 earns plenty and has agreed to be my sponsor. Does having a sponsor other than your American spouse in any way decrease the chances of being given a Visa?

4. I am on permanent disability in my home country. Does this in any way lessen the chances for my Visa application to not be granted?

5. Just generally wondering, based on what I have mentioned above, is there anything that could cause my Visa request to not be granted, as long as I provide all the necessary information and fill all forms out correctly? We have been married since 2003 and I have the marriage license.

[flyingron]

The hardest part of this is not being able to meet the financial responsibility requirements. If you can find others to join on the petition, that would help. Your friend has to realize that this is a SUBSTANTIAL commitment. They are pledging that they will keep you off the US public dole for an extended period of time.

You are correct that you will be filing for an IR1/CR1 on an I-130. There are other forms and fees that need to be filed. It's best if you get an attorney to help on this because you can waste time and money if you don't get everything right.

The fact that he doesn't not live in the US or holds foreign citizenship doesn't hurt you.

[dicam10565]

The hardest part of this is not being able to meet the financial responsibility requirements. If you can find others to join on the petition, that would help. Your friend has to realize that this is a SUBSTANTIAL commitment. They are pledging that they will keep you off the US public dole for an extended period of time.

You are correct that you will be filing for an IR1/CR1 on an I-130. There are other forms and fees that need to be filed. It's best if you get an attorney to help on this because you can waste time and money if you don't get everything right.

The fact that he doesn't not live in the US or holds foreign citizenship doesn't hurt you.

Thank you for answering. I thought of a few more things that I wanted to mention.
First of all, this friend I mentioned that is willing to be a sponsor is well aware of the commitment and is fully willing to engage. We have known him for many many years and it is our closest friends who wants to help in every way. He has a very good retirement, but one concern I have is his age. He is 68 years old. In perfectly good health, but as I am only in my early 40s, I am worried that the U.S. government might look at it as "what happens when this sponsor ultimately passes, who will then offer support?".
I don't know if the fact that my spouse and I have joined savings that would be equivalent to around $215,000 and we would have even more if we were to sell our belongings before moving. Our friend who has agreed to be sponsor also has savings and would be willing to make me the sole beneficiary in his will and I would inherit all his savings, possessions and home if he would be to pass. Does this help my chances any at all?
I'm currently on disability but my intention has always been to sometime return to work, but in present time I do not know when or if that will be possible, but I hope it will be. It all depends on my health condition in the future.
One more question. I am considering discussing my case with a lawyer before going further. Do you know if there are any good immigration lawyers who are willing to offer a free consultation where they basically listens in on the situation of my spouse and I, hear all the facts and concerns, and then just give us their professional opinion what the odds are of this being possible? Would any of them do this type of consultation free of charge, so we know if it's even any point in proceeding? If so, where can I find a lawyer like that? The consultation would have to be either over the phone, through e-mails or video call, as we are not presently in the United States.

[flyingron]

If he dies before you're admitted, you're out of luck and you have to find someone else. If he dies after you are in the US as a permanent resident, then his estate may become liable for any assistance you received prior to his death, but otherwise, it's just one of those things that happens. It only gets sticky if there are additional family members of yours that you are trying to also bring in.

[newacct]

If he dies before you're admitted, you're out of luck and you have to find someone else.

The widow or widower of a US citizen qualifies to immigrate within 2 years of the US citizen's death. If an I-130 has already been filed, it auto-converts to an I-360. If not, the widow(er) can self-file an I-360 widow(er) petition.

[dicam10565]

If he dies before you're admitted, you're out of luck and you have to find someone else. If he dies after you are in the US as a permanent resident, then his estate may become liable for any assistance you received prior to his death, but otherwise, it's just one of those things that happens. It only gets sticky if there are additional family members of yours that you are trying to also bring in.

I am not worried he will die before I'm admitted. I am just concerned that they will feel uncomfortable granting me the Visa as I am on permanent disability (I have not held a fulltime job since 2004) and the fact that my sponsor is 68 years old and I am only 42. I figured they would feel "who will support this permanently disabled person once the sponsor dies in maybe 15 years" and deny my Visa for this reason. It's only me immigrating, no other family members.

[Mike E]

I am not worried he will die before I'm admitted. I am just concerned that they will feel uncomfortable granting me the Visa as I am on permanent disability (I have not held a fulltime job since 2004) and the fact that my sponsor is 68 years old and I am only 42. I figured they would feel "who will support this permanently disabled person once the sponsor dies in maybe 15 years" and deny my Visa for this reason. It's only me immigrating, no other family members.

You either pass the medical examination or you fail it. If you pass it, then your medical suitability to immigrate to the USA never comes up. If you fail, won’t be allowed to immigrate.

[infertilityandivfindore]

There is an application process that must be followed. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals.

[dicam10565]

There is an application process that must be followed. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals.

I understand that. I'm just trying to figure out if it's even worth going through with. I was hoping an immigration lawyer with personal experience with dealing with similar cases as my situation would be able to tell me how much of a chance I have of being given a Visa/Green Card given the circumstances of my situation I explained in my first post.

[HFM1919]

50-50...you will either get the visa or you won't....
no one can predict the exact outcome because it sounds like there are a lot of variables that will only begin to be resolved once the petition is filed and an appointment for interview is made, followed by attending said interview....an immigration attorney will only relieve you of lots of $$ for doing virtually nothing, and cannot speed up the process nor intercede with blather if there are problems with certain things.

[dicam10565]

50-50...you will either get the visa or you won't....
no one can predict the exact outcome because it sounds like there are a lot of variables that will only begin to be resolved once the petition is filed and an appointment for interview is made, followed by attending said interview....an immigration attorney will only relieve you of lots of $$ for doing virtually nothing, and cannot speed up the process nor intercede with blather if there are problems with certain things.

Okay doesn't sound too promising in other words.

[HFM1919]

just don't depend on the overpriced opinion of some immigration attorney....remember, all they have are opinions, nothing they say or write is legally binding and they have NO authority over any part of the visa process...none....zero...their average billing rate is over $400 an hour....for basically filling in forms that a 12 year old could do.