Poverty line when non US spouse makes the money?

[deelo 0]

We have a bit of an unusual situation. My wife is disabled and I make the money. She is an US citizen and I am not.

She has some annuity around $8.400/yr. Which still leaves a $10.000 gap to the poverty line.

We have $50.000 in the bank. Stocks, retirement accounts etc. at around $20.000

We also have a house and 2 cars in the states.

I have the last 3 years made around $100.000 a year and I have a good chunk IT Security certificates and work experience.

What we don't have is a sponsor, most her family are deceased or too young to have the income. Can our assets be used to counter the 125% poverty line rule.

Does anyone have any experience with applying and disabilities?

[Penguin_ie 6,005]

Sounds like you have more than enough in assets to satisfy the I-864- you need three times as much as the income shortfall, so about 30'000 in your case.

Your income won't count as presumably it will not continue once you move to the USA.

[Done--Really 331]

I believe the immigrant's assets are only counted with a 5X divisor rather than the 3X used for the USC spouse's assets--could you double check Penquin--I won't be able to until later today

Edited September 1, 2011 by magical

[Penguin_ie 6,005]

No, foreign spouses assets are counted x3 too, BUT many embassies will not accept assets outside the USA at all, or only at a x5 level- embassy discretion; for example US embassy in Ireland, which we went through, only accepts US based assets. From the wording of the OP, it sounds like the 50'000 are joint, and possibly US based (as house and 2 cars are).

[deelo 0]

Thank you for the answers =)

Yes most of the cash in the bank is us based, the retirement/stocks are in Denmark. House and cars are in the US also.

My wife is disabled and she lost (or is about to lose her danish residency). She needs me to take care of her in the day to day stuff. So we are hoping for a somewhat swift process.

Will it harm our case if I am in the US during the application process?

[Penguin_ie 6,005]

Will it harm our case if I am in the US during the application process?

No, as long as you are there legally and don't overstay any visa.

[Deputy Purple 1,294]

Will it harm our case if I am in the US during the application process?

Are you currently in the US?

[deelo 0]

No I am in Denmark atm. My wife is in the US, and not doing well without my help.

[Deputy Purple 1,294]

No I am in Denmark atm. My wife is in the US, and not doing well without my help.

PM Sent...

Your wife can request Expedited Processing on the basis of her disability and needing you with her.

[deelo 0]

Thank you we will try that, and to clarify.

Am I ok to enter the US while we are applying (not going to be there before, but while would be a big help to my wife).

Edited September 1, 2011 by deelo

[Done--Really 331]

A definite maybe. So long as you can show strong ties at home, the odds are good you will be allowed to enter the US to visit, but you honestly won't know for sure until you show up at the POE and you are admitted or denied by the CBP folks at the airport. Whatever you do, DO NOT LIE when asked why you are here--don't offer more than they ask, but do not lie--the ramifications can be tremendous.

[Brother Hesekiel 2,236]

If you have equity in your home and can put your wife on the title, that can be used. Same for one of the cars, as the other one is considered a necessity (don't blame the messenger) and the money in the bank. In short, you should be fine.