American in Korea 13 years wants to start immigration for Korean spouse

[SDinKorea]

Hello to all who can give some pointers/advice.

Here are the facts:

I'm 40 and my wife is 39. I have been in Korea 13 years and am a permanent resident of Korea. I was born in the United States. My Korean wife and I have been married for 6 years. She has visited the US 3 times over the last 6 years for brief periods on her tourist visa.

I'm employed by a Korean company and paid in local currency. In essence, I don't have a job in the US.

I have the I-130 Petition for Alien Relative (spouse) all filled out.

We have a domicile in California.

My confusion/questions:

I understand that I will have to sponsor her and I have to show cash and/or assets totaling 125% of the Federal poverty line - which I believe to be $18,900 (approximately) for 2 people - $23,625 in addition to the $18,900 = $42,525.00.

Question: Does this amount sound in the right neighborhood? I'm confused because I read also that I would need 3X that amount $42,525 x 3 = $127,575

Also, do I first submit the I-130 and then after some time the affidavit of support or do I do both forms at the same time.

Thanks to any one who can shed a bit of light on this!

 

[Jackolantern]

Your income must be at least 125% of the poverty line, not 125% above the poverty line. So for two people that's 125% of $15,130 = $18913 (rounded from $18912.50).

Income from a job outside* the US doesn't count, so without US income you'll be forced to use your assets. For marriage to a US citizen the ratio is 3 to 1, so you'd need 3 x $18913 = $56739 of assets.

In your situation (immigrant spouse outside the US who will interview at a consulate), the I-864 would be required later in the process, after the I-130 is approved and the consulate is almost ready to interview her.


*passive income from outside the US can be counted, such as royalties from a book you wrote. It's non-US employment income which can't be counted, because you won't have that job when you're living in the US with your spouse.

 

[Nancy Mervin]

Also, do I first submit the I-130 and then after some time the affidavit of support or do I do both forms at the same time.
Thanks to any one who can shed a bit of light on this!

For consular processing while your wife is outside US only Form I-130 should be filed.In case she enters US with spouse visa then you should file adjustment of status Form I-485 and Form I-130 concurrently.Affidavit of support Form I-864 is required at a later time.