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Filed: Timeline
Posted

What are the requirements for this? Is this harder than a K-1 or K-3? I read the guidelines but I'm still not exactly sure as to what we are required to do, how often people are denied, how hard the process is, etc. Please someone who has done this help me.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

The requirements are that you live legally in the foreign country for 6 months. You also need to be married; you cannot get a fiance via this way. The other requirements are the same as for other spousal visas (you need to meet the 125% poverty line financials, you need to proof a bonafide relationship, you need to do the medical etc).

Assuming you can stay in the foreign country for 6 months before filing (you can return to the USA as soon as you filed), DCF tends to be easier than other spousal visas, because by living together for the 6 months, it is easier to have proof of bonafide relationship, and know the things about your spouse that they might ask at the interview. The problem tends to be meeting the financial requirements, as for that, you need a US based income or income that continues when you move to the USA. Most DCFers get around the problem by having a co-sponsor, but some do it via assets alone (we did- a house we bought in the USA and a US based bank account where we transfered all our savings to before the interview), or the USC might return to the USA after filing and get a job before the interview, but in the current economic climate, that last option is risky.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted
The requirements are that you live legally in the foreign country for 6 months. You also need to be married; you cannot get a fiance via this way. The other requirements are the same as for other spousal visas (you need to meet the 125% poverty line financials, you need to proof a bonafide relationship, you need to do the medical etc).

Assuming you can stay in the foreign country for 6 months before filing (you can return to the USA as soon as you filed), DCF tends to be easier than other spousal visas, because by living together for the 6 months, it is easier to have proof of bonafide relationship, and know the things about your spouse that they might ask at the interview. The problem tends to be meeting the financial requirements, as for that, you need a US based income or income that continues when you move to the USA. Most DCFers get around the problem by having a co-sponsor, but some do it via assets alone (we did- a house we bought in the USA and a US based bank account where we transfered all our savings to before the interview), or the USC might return to the USA after filing and get a job before the interview, but in the current economic climate, that last option is risky.

I was wondering, because her and I planned to save up money while we work down there and buy a place up in the U.S., if we would have to stay with someone for a month or two until I find a job would we need to meet the poverty requirements for two people or more than that? What if my co-sponsor runs their own business from home? I was going to try and get a job here in the U.S. doing Photoshop so we are earning USDs and I wouldn't have to worry about a job here in the U.S. or down in Perú.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted
I was wondering, because her and I planned to save up money while we work down there and buy a place up in the U.S., if we would have to stay with someone for a month or two until I find a job would we need to meet the poverty requirements for two people or more than that? What if my co-sponsor runs their own business from home? I was going to try and get a job here in the U.S. doing Photoshop so we are earning USDs and I wouldn't have to worry about a job here in the U.S. or down in Perú.

You as the primary sponsor would only need to count yourself and your wife (plus any children you two may have by then, or any other dependants such as if you have a child already). If you have a co-sponsor, their whole household would need to be counted for the poverty guidelines. You ca also do a mixture of your own assets and income/ co-sponsor if neccessary.

Your co-sponsor would need to show how much they earned by submitting tax filings, whether they are salaried or self-employed. The same goes for yourself- I am not sure whether they'd accept a new business' projected earnings (ie you doing photoshop), I'd say probably not but if you can find several clients prepared to give you letters swearing they'll give you business for a year or more, it might be accepted.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted
I was wondering, because her and I planned to save up money while we work down there and buy a place up in the U.S., if we would have to stay with someone for a month or two until I find a job would we need to meet the poverty requirements for two people or more than that? What if my co-sponsor runs their own business from home? I was going to try and get a job here in the U.S. doing Photoshop so we are earning USDs and I wouldn't have to worry about a job here in the U.S. or down in Perú.

You as the primary sponsor would only need to count yourself and your wife (plus any children you two may have by then, or any other dependants such as if you have a child already). If you have a co-sponsor, their whole household would need to be counted for the poverty guidelines. You ca also do a mixture of your own assets and income/ co-sponsor if neccessary.

Your co-sponsor would need to show how much they earned by submitting tax filings, whether they are salaried or self-employed. The same goes for yourself- I am not sure whether they'd accept a new business' projected earnings (ie you doing photoshop), I'd say probably not but if you can find several clients prepared to give you letters swearing they'll give you business for a year or more, it might be accepted.

I don't have any assets, I'm only 18 right now. I wouldn't do freelance Photoshop, I would hopefully do it for a photographer. So since when I move there I might not have a job unless I do Photoshop some how, how am I supposed to do this? Let's just say I don't get the job but I work one over there but I have a co-sponsor that meets the guidelines for the people in their household, would the co-sponsor need to make enough for 5 people instead of 3 or would they have to take the amount of 3 people and add it to 2 because that would actually require a higher income than for 5 people?

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

The household is counted as one overall unit, so if there is 5 people including your wife (or fiancee, if you end up going the K1 route after all), you need to look at 125% of the povertyline for a 5 person household.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted
The household is counted as one overall unit, so if there is 5 people including your wife (or fiancee, if you end up going the K1 route after all), you need to look at 125% of the povertyline for a 5 person household.

And if we end up going there and getting our own place but use a family member that has a household of 3, then what is requiered?

 
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