Calculating income requirement for petitioning only the spouse

H

hopeful_immigrant

New Member
Hello everyone.

I have a question on calculating the minimum salary in USD for a spouse (wife) to petition for the other spouse (husband).

1. Wife is a USC.
2. Wife has been married to the non USC husband for more than 10 years now.
3. Both of them has 4 biological kids together.
4. All kids are USC (have USC passports as proof).
5. Currently staying out of USA, both are working but since the currency (asian country) is lower than US dollars, the exchange rate for the income requirement might be a tough one to meet.
6. Husband used to have greencard but since staying out of the USA for more than 1 year, the GC might have lapsed already (assuming that is the case).
7. Say there is a need to move back to the USA, doing the petition is the way to go it seemed (i do not think there is a point of trying to do SB-1 route as our circumstances would not seemed the move out was temporary).
8. How to calculate the minimum income level that the wife needs to show as the supporting document for the family size? (only the husband needs to have a green card, everyone else is already a USC).
9. Can non-relatives (a USC as well working in USA) be a joint sponsor?
10. Would it matter if the family moves to Canada (wife will be working there too) and start the application from within Canada?

Thank you in advance.
 
6. There is no length of absence that absolutely means residence was abandoned. Many factors are considered. How long was the absence? If it's not too much more than 1 year there is a decent chance he will be able to get in without an SB-1
8. You mean how to calculate the family size? The sponsor, the immigrant, and the sponsor's dependent children. I am not sure how many of the kids count as dependent children for the I-864 in this case.
9. yes
10. shouldn't matter
 
newacct said:
6. There is no length of absence that absolutely means residence was abandoned. Many factors are considered. How long was the absence? If it's not too much more than 1 year there is a decent chance he will be able to get in without an SB-1
8. You mean how to calculate the family size? The sponsor, the immigrant, and the sponsor's dependent children. I am not sure how many of the kids count as dependent children for the I-864 in this case.
9. yes
10. shouldn't matter
Click to expand...

6. an attempt to "reset" the clock was done end of last year (Nov 2021 stayed for 2 weeks in the USA), which was almost 11 months since the original departure from the USA (Dec 2020). And there is no plan to travel to the USA to reset the clock again (and I am assuming after Nov 2022 this year, the GC ceased to work as an entry document). So now i am thinking of next year 2023 if i get a job offer in the USA, whether i can get a visa for that purpose. I did not try to get re-entry permit at that time (before Dec 2020 and while i was in the USA Nov 2021).

8. yeah, i was hoping since the kids are USC, there is a different calculation of some sort.

9. Cool, at least this is an option for me. but the Joint Sponsor is on the hook for as long as i am a GC holder (and not a USC right)?

10. okay thought being in Canada (neighboring country) might have a better chance for IR1 visa.
 
6. Even though a green card is technically not a document for entry after an absence of more than 1 year, the officer at entry can waive that requirement and let him in, if they determine that he didn't abandon residence. If the officer won't, as long as he doesn't sign I-407, he is entitled to removal proceedings in immigration court, where the immigration judge can determine whether he abandoned residence, and if they determine that he didn't abandon residence, the immigration judge can waive the requirement. I am not sure what are the chances that he will be considered to have abandoned residence in this case.

8. That the kids are USC doesn't matter. What matters is whether they count as the sponsor's "dependent children". I think if they are living with the sponsor and the sponsor provides for them, they count.

9. The obligation continues until he becomes a citizen, earns 40 quarters of Social Security credits, abandons residence and leaves the US, or dies, or the sponsor dies.
 
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