I130 APPROVED FOR STEPKID OUT OF UNITED STATES

[cristina1977 1]

Hello everyone...

I have had approval on my AOS by marriage with a USC at the same time we got my daughter's approval for I130 petition, that just happened a week ago, and I am wondering how long is it take USCIS to send the approval to the National Visa Center, I have been calling NVC but seems like still don't have my daughter's case.(my 10 year old daughter is in our native country waiting)

For now I am trying to figure out What should we do about the I864, my husband got laid off on March of this year, and he has been looking for a job but still nothing so he receive unemployment benefits. Our question is....

Is account as a income the unemployment benefits?? if yes, What should we answer in I864 when they ask about annual income??

Thanks in advance for your help,

Cris.

[Bleauwolf 9]

Hi Cristina,

NO unemployment benefit does NOT count as income for the purpose of the I-864, so your husband can't use it as income.

You will have challenges to overcome as he is unemployed and he sponsoring two people (you and your daughter) therefore, his income requirements are going to be higher. However, it doesn't mean the visas can't be approved.

Since your husband is still unemployed and uncertain of the next job and when he may have one, he will need a joint sponsor (or co-sponsor) in order to make things happen, especially because his household size will be at least three people (him, you and your daughter).

Another option is he may also include assets (property, savings, and so on) as part of proof to show support.

Also keep in mind: IF he has children of his own who are his dependents that would also add to the household size, and will also expand his income requirements.

He can also have two sponsors to join in (which might be necessary since there are two of you). The additional sponsors can basically be anyone he has known a while. It can be other household members living in the same house (co-sponsor), family members, or even a friend (joint sponsor). Again, there CAN be more than one sponsor.

If it is someone living in the same house, they will be required to complete and sign an I-864A.

If it is someone not living in the house, they will be required to complete and sign an I-864 (same as your husband).

If you (as the immigrant) have income or assets that you would also like to add. There is an option for that on the I-864 (see the instructions I-864 for more specific information).

You may want to carefully review the two links I have provided below which can provide more detailed information and an overview of all the I-864 options.

• http://www.travel.state.gov/visa/immigrants/info/info_3730.html
  
• http://www.travel.state.gov/visa/immigrants/info/info_3197.html
  

Hope this will be helpful!!

Regarding your daughter's case to NVC. It's only been a week. Keep checking but usually it takes a couple weeks to finally show in their system.

Good Luck!!

~Bleauwolf

Edited July 21, 2010 by Bleauwolf