Spouse Immigration Myths?

N

ncincott

Registered Users (C)
Hello everyone,

I've been trying to read up on as much information I can but I still hear things from friends and coworkers that worry me regarding the immigration process for your spouse.

A little background: I am a US born citizen who recently married my Taiwanese girlfriend of 3 years. She is a native of Taiwan and is still currently living there. We were married in Taiwan.

I've heard that you have to have a certain amount of money in your bank account in order to prove that you can support this person before their immigration is approved. And still others tell me you just need to have a salary above the poverty level. Which is true?

Are there any other "lifestyle" type requirements that you have to meet such as owning a home... etc.. I've looked everywhere and haven't found any evidence these measures exist for sure, so I figured I'd ask here.

EDIT: Also, she currently has a US visa good for multiple entry that she recieved as a flight attendant. She was told that she would not be allowed into the US under that visa while the paperwork is being processed. That doesn't seem right to me.. is this true?

Lastly, if I got it correctly.. the first step of the process if I want to bring my foreign wife to live and work in the US is to fill out and send in the I-130 and G-325A forms correct?

Thanks much for any advice/comments!

Sincerely,
Nick
 
Last edited by a moderator:
you need to show that you have enough income to support her. Check from I-864 instructions for more info.

http://www.uscis.gov/graphics/formsfee/forms/i-864.htm, download the pdf and read page 2.

part of the instructions....
"...To qualify as a sponsor, you must demonstrate that your
relatives living in your residence if they are willing to be
income is at least 125 percent of the current Federal poverty
jointly responsible with you for the intending immigrant(s)
guideline for your household size. The Federal poverty line,
you are sponsoring. If you have any unrelated dependents
for purposes of this form, is updated annually and can be
listed on your income tax return you may include their income
found on Form I-864P, Poverty Guidelines.
regardless of where they reside.
If you are on active duty in the U.S. Armed Forces, including
The income of such household members and dependents can
the Army, Navy, Air Force, Marines or Coast Guard, and you
be used to help you meet the income requirements if they
are sponsoring your spouse or minor child, you only need to
complete and sign Form I-864A, Contract Between Sponsor
have an income of 100 percent of the Federal poverty line for
and Household Member, and if they are at least 18 years of
your household size. This provision does not apply to joint or
age when they sign the form.
substitute sponsors...."
 
Thanks for the reply. At what step in the process is that form usually submitted? Do I send it with the I-130 or is it required after the I-130 is approved?
 
ncincott said:
Thanks for the reply. At what step in the process is that form usually submitted? Do I send it with the I-130 or is it required after the I-130 is approved?
Click to expand...

I am not sure about the process in your region, I applied through DORA and had to submit all of them at the same time. Maybe some of the other members here can help you on this.

I suggest you goto USCIS site and read the documentation and required forms there.
 
ncincott said:
Hello everyone,

EDIT: Also, she currently has a US visa good for multiple entry that she recieved as a flight attendant. She was told that she would not be allowed into the US under that visa while the paperwork is being processed. That doesn't seem right to me.. is this true?

Sincerely,
Nick
Click to expand...
Under no circumstances should she enter on any visa while A K3 visa is being processed (since you're filing an I-130, you're applying for a K3 visa). If she uses a flight attendant visa, it's a big violation.
 
about your salary...its just has to be about 25% over the poverty level...are you working?...if you can't meet it you can have a co-sponsor to sign the affidavit of support. Other things like cash in the bank etc...help but are not required.

About her traveling here...i think its best to bring her on a K-3 visa...so that she does not have to wait the several months for the grencard. check http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm
file form I-130 now for her...then receive the notice of receipt about that filing and file form i129F. Then she can come here on a K-3 visa...and K-4 visa if she already have nay kids of her own. She can work in the meantime till the GC wiht a prmit. Good luck.
 
Thanks all. I've checked out the sites posted and read up on the information. I just want to make sure I'm kicking this off in the right way...

If my goal is to get her living and working here legally, do I start off with just the I-130? Are there any other forms I can submit at the same time or is it some kind of linear process?

Thanks,
Nick
 
The USCIS website does not say to send everything in at once. Look here:

http://www.uscis.gov/graphics/howdoi/Appproc.htm

Besides, for something this important I'd rather go by the experience of people who've been through it rather than some webpage.

EDIT: After searching the forums some more I found a pretty good list from a poster:


1. I-130

2. 325's (filed by both of you) use married name

3. I-485 (filed by Beneficiery)

4. I-864 - (Affidavit of Support - 125% income above poverty guidelines)

Get a letter on business stationery, current check stub

check this site: poverty guidelines

http://travel.state.gov/visa/immigr.../info_1327.html

*to request (4506 -T) tax transcripts call 1-800-829-1040 - (do this now)(allow 2 wks to receive)

I-864 will need to be notarized

6. I-693 -Medical Examination
Locate civil surgeon in your area, schedule appointment- (do this now!)

check website:
http://www.uscis.gov/graphics/exec/cs/index.asp

7. I-765 Work Authorization Document - wait to file

8. I-131 If planning to travel - wait?

Do not send originals of documents

Make multiple copies of application - for self and for the interview process if needed

Make copies of everything!!!
Click to expand...


Does this sound on the money?
 
Last edited by a moderator:
you do not need all those forms listed above because your wife is not in the US right now.

1. file I-130 & I-864 for greencard. your wife will be processed in the US consulate in her home country.
http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf
http://www.uscis.gov/graphics/formsfee/forms/i-864.htm
there are instructions with the form as to what other documents you need to enclose; including proof of your citizenship, proof of your marriage and translated, passport photos of you and your wife, divorce records, completed form G-325A for both you and your wife. Proof of current employment or self employment and a photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required. Be sure to include the fee for both I-130 and I-864.
For the consulate visit, I believe your wife will have to provide the results of a medical exam done in her home country by a US Consulate approved doctor. The consulate will provide a list of such doctors. She will also need police records from her home country (translated of course).

2. File I-129F for a K3 visa so that your wife can enter the US while her GC application is being processed.
http://www.uscis.gov/graphics/formsfee/forms/files/I-129F.pdf
The instructions and what enclosures are needed are listed in the pdf file. the fee is $170

there is a lot of very good information on these sites
http://www.immihelp.com/visas/kvisa/
http://www.immihelp.com/greencard/familybasedimmigration/index.html
 
Last edited by a moderator:
You must log in or register to reply here.
Top