Jump to content
Sign in to follow this  
jaycee2004

Moving back to the US to obtain employment to satisfy Affidavit of Support

4 posts in this topic

Recommended Posts

Hello,

My current situation is as follows: I filed for my wife's immigrant visa via a Direct Consular Filing (visa class CR-1) at the USCIS. The USCIS (US Citizen and Immigration Service) approved the petition I-130. After the USCIS approved the petition they forwarded it to the embassy. We then received the packet 3 in the mail from the embassy in Bangkok . The packet 3 includes a blank copy of the affidavit of support and other information about collecting the remaining necessary documents. The Affidavit of Support does not need to be submitted until the interview date. (Note: I was able to file via DCF because I have a Thai work permit. Direct Consular Filing reduces the time for receiving a marriage visa significantally.)

My question is two fold:

1st Question: If I travel back to the US and find employment within several months will verification of my new employment be sufficient to meet the Affidavit of Support requirements. (I'm assuming my salary will be well over the poverty line) Also, I will have a permanent residence.

2nd Question: Can I continue with the Visa process under Direct Consular Filing? At this point we have almost everything ready. My wife needs to obtain a clearance from the police and a physical from an approved hospital.

Note: I do not have enough income in Thailand or assets to meet poverty guidelines and I don't want burden family with joint sponsorship.

Thank You,

John

Share this post


Link to post
Share on other sites

John,

1) Can't say for sure without knowing more of your employment history (and even then couldn't be 100% sure), but if you've got a good work history (didn't get a different job every year because you were fired from your previous one) then you're probably in good shape. I had a decent, but not outstanding, job history when I petitioned for my fiancee after working in Thailand, returning to the USA, and spending several months finding a new job. Had been on that new job only a few months at the time I needed to submit my sponsorship package to the consulate and they were satisfied with me.

2) The DCF portion of your wife's immigration process ended when the USCIS office sent your approved I-130 petition over to the consulate. I'm not sure that I understand what you're asking.

I know a couple of fellows who petitioned for their wives in Thailand by DCF. Both of them ran into trouble with sponsorship because the consulate did not consider that they had US domicile, required of a Sponsor. In both cases they needed to return to the USA ahead of their wives to get a job and a place to live before the consulate would issue the visas. Took them each about 1 month. Your thought of coming back ahead of your wife to get a new job is excellent forethought.

One more thought, if I havn't suggested this to you all ready - give a call to US immigration attorney William F White (Bill) in Bangkok, and discuss your situation and plans with him.

66 (0) 2231-6466

WFWlaw@aol.com

He can give you some good advice specific to the details of your situation and better answers than I have given to your two questions. The cost of the consultation will be minimal, perhaps only the cost of the call if that's all that is necessary to address your concerns - you do seem to have things well in hand.

Yodrak

Hello,

My current situation is as follows: I filed for my wife's immigrant visa via a Direct Consular Filing (visa class CR-1) at the USCIS. The USCIS (US Citizen and Immigration Service) approved the petition I-130. After the USCIS approved the petition they forwarded it to the embassy. We then received the packet 3 in the mail from the embassy in Bangkok . The packet 3 includes a blank copy of the affidavit of support and other information about collecting the remaining necessary documents. The Affidavit of Support does not need to be submitted until the interview date. (Note: I was able to file via DCF because I have a Thai work permit. Direct Consular Filing reduces the time for receiving a marriage visa significantally.)

My question is two fold:

1st Question: If I travel back to the US and find employment within several months will verification of my new employment be sufficient to meet the Affidavit of Support requirements. (I'm assuming my salary will be well over the poverty line) Also, I will have a permanent residence.

2nd Question: Can I continue with the Visa process under Direct Consular Filing? At this point we have almost everything ready. My wife needs to obtain a clearance from the police and a physical from an approved hospital.

Note: I do not have enough income in Thailand or assets to meet poverty guidelines and I don't want burden family with joint sponsorship.

Thank You,

John

Edited by Yodrak

Share this post


Link to post
Share on other sites

I have a similar question. If I move to the Philippines for say 3 years and am married to a Filipina the whole time what would be required of me financially to come back to the U.S. with my wife ? How much assests would be required ? How would employment figure in ? Would employment offers be acceptable for myself and/or my wife ? I am only asking this as my backup plan if our fiance visa is not approved at the embassy level. I am intersted in moving there but at some point I would possibly like to be able to bring my family here.

Thanks,

Dave

quote name='jaycee2004' date='Sep 22 2006, 07:50 AM' post='462757']

Hello,

My current situation is as follows: I filed for my wife's immigrant visa via a Direct Consular Filing (visa class CR-1) at the USCIS. The USCIS (US Citizen and Immigration Service) approved the petition I-130. After the USCIS approved the petition they forwarded it to the embassy. We then received the packet 3 in the mail from the embassy in Bangkok . The packet 3 includes a blank copy of the affidavit of support and other information about collecting the remaining necessary documents. The Affidavit of Support does not need to be submitted until the interview date. (Note: I was able to file via DCF because I have a Thai work permit. Direct Consular Filing reduces the time for receiving a marriage visa significantally.)

My question is two fold:

1st Question: If I travel back to the US and find employment within several months will verification of my new employment be sufficient to meet the Affidavit of Support requirements. (I'm assuming my salary will be well over the poverty line) Also, I will have a permanent residence.

2nd Question: Can I continue with the Visa process under Direct Consular Filing? At this point we have almost everything ready. My wife needs to obtain a clearance from the police and a physical from an approved hospital.

Note: I do not have enough income in Thailand or assets to meet poverty guidelines and I don't want burden family with joint sponsorship.

Thank You,

John

Share this post


Link to post
Share on other sites
I have a similar question. If I move to the Philippines for say 3 years and am married to a Filipina the whole time what would be required of me financially to come back to the U.S. with my wife ? How much assests would be required ? How would employment figure in ? Would employment offers be acceptable for myself and/or my wife ? I am only asking this as my backup plan if our fiance visa is not approved at the embassy level. I am intersted in moving there but at some point I would possibly like to be able to bring my family here.

Thanks,

Dave

Dave, I recommend that you read the Guide for DCF here at VJ; it will answer many of your questions about how these things go down. Watch for the word 'domicile' and remember that you need income that will continue in the US, assets at 3X cash value, an additional Sponsor or a combination of the above. Job offers can be helpful, but not without the other evidence as well.

There are several things you can do to plan ahead when moving abroad that will make it much easier to return (not just immigration-wise). Do some reading about being an ex-pat. :)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×