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isaak

i-864 advice needed (no employment & and no co-sponsor)

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Greetings,

Overview:

My wife is Russian, our DCF petition has recently been approved, and we're now ready to complete this crazy process. The last big challenge: form i-864

I do not have a job. My wife and I have been creating and selling website themes to stay afloat for the past 18 months or so. We make very little, but it's been enough to get by (here in Russian).

The question of a co-sponsor is out of the question.

Also, in a few months she'll give birth to our first child. And we'd like to give birth in the US. Thus, we don't have much time.

The dilemma:

I need a job.

From my understanding, an employment offer/contract DOES NOT meet the i-864 requirements. This is confirmed from what I've been able to find from

http://www.4uth.gov.ua/usa/english/travel/visa/i864gen.htm

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

A job offer can be taken into consideration in determining the ability of the applicant to overcome an ineligibility on public charge grounds, but it does not meet any requirement for presenting an I-864.

The Good News:

I'm a web developer. That means I'm good at working remotely. It also means that there are lots of companies hiring remote workers.

The Bad News:

I don't have much of a portfolio (though of course I have one). Getting your first "real" job in an industry is never easy.

The Question:

In our case, would a job offer possibly be enough, or would I need at least one pay stub? (and, would at least one pay stub suffice?)

That's two questions, I know :)

---

We're grateful for any help/insight you can offer.

- Isaac (and Masha)

PS: If anyone's looking to hire a developer, send me a message :)

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If she is due in a few months will she be able to travel and do you have the funds for the delivery in the US?

Pay stubs I think you have 2 issues, would a Russian based remote worker earn that much to qualify, would it be from a provable and continuing source?

Not sure where you are in the process but moving back and getting a job is likely to be the more secure option.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Time to head back to the US and get a job if no possibility of a co-sponsor. Embassy will hold your petition for a year. How'd you pay for delivery and care of child in the US with no job? You can do CRBA after the baby is born.


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Have you really exhausted all of the possibilities for a co-sponsor? It does not have to be a family member. Although we could have asked one of my husband's cousins to do so, we actually had a very good friend stand as co-sponsor for myself and my four kids. My husband had a job offer and even the contract paperwork at the time of our immigration interview but had not relocated to the US or obviously actually started working for his new US employer. So my advice is to think again about who could possibly act as co-sponsor.

I think otherwise your only real option looks to be for you to secure a job in the US - and you may well need to move back to America in order to obtain one - and then have your wife and baby emigrate once you have secured employment. Your baby will be eligible for US citizenship regardless of where he or she is born so you can go through the CRBA process.

Best wishes

Laura


Married a US/UK dual national in 1996 and had four children together.
Immigration Timeline: I130 Approval November 2012; Interview July 2013; Immigration October 2013. (Note, however, that we chose to stall the process for personal scheduling reasons)
As a family of six, we relocated from Argyll in Scotland to Pennsylvania in October 2013. 

I applied for Citizenship in October 2017 and am currently waiting for an Interview date.

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Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

A job offer can be taken into consideration in determining the ability of the applicant to overcome an ineligibility on public charge grounds, but it does not meet any requirement for presenting an I-864.

I just posted a similar question, but my understanding from that FAQ was that the question in question is regarding the applicant (your wife) and so that does not apply to the sponsor (you).

If you look at the instructions for the i-864 it says that you can include evidence of how you expect to maintain the income level:

  1. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

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