Does Job status matter when filing an I-130?

[GitmeOuttaHere 0]

Hi, First off a big Thank you to all the JV'ers out there. This website and the info it holds is priceless!!

Ok, so my Wife is a US citizen but has lived in Canada for almost 40 years...We have been married for almost 20 years.

We want to move to the US and she has filed an I-130 for me and the kids, and also the other forms, birth certs and passport photos of us and stuff.... and we went over to the US a couple of weeks ago and sent the stuff to the Chicago lockbox.

We have gotten confirmation that they our sending our stuff to California and will be sending us some kind of number so that we can check the status online.

So I guess now we are just waiting, but it has only been 2 weeks so far so we are still not to concerned, but is this the step where we have to wait for approx 5 months according to the processing times page??

Also, I recently was laid off from my job...bummer, but life goes on. Does my current employment status have any bearing on whether or not I and the kids get visas??

Also, since we have been married for so long and as long as we have no extenuating circumstances (we have no ex's, no criminal backgrounds, etc) is there any obscure reason we (I guess actually me) would not get a visa...I mean isn't it just a rubber stamp kinda thing since we have been together forever and stuff, I mean its obvious we are not just doing this for citizenship.

Also, since my wife has never been a U.S. "resident" since she was 2 yrs old is this going to hurt us in any way...We don't have any family in the US and are basically just pulling up roots and starting fresh somewhere else, so we are going to have to get jobs and stuff and find a place to live. Does this sound like it is going to fly with them.

[Inky 1,110]

This is the 5-6 month wait time yes.

The US citizen must prove they can support the family house hold at 125% of the poverty guidelines. If the US citizen cannot prove this they will require a co-sponsor that can meet the requirements for the people who need visas + their house hold. http://www.uscis.gov/files/form/i-864p.pdf

Montreal is the only embassy in Canada that does spousal visa interviews and they are notorious when it comes to proving domicile in the USA. The US citizen will need proof of you all moving to the USA such as a home/bank account/credit cards/job. There is a specific thread on domicile proof in the Canada section. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/ Even if she has never lived in the USA she will have to prove you all intend to move back to the USA and she needs this proof at the interview time or they will not issue the visa until she provides the proof.

The employment of the Canadian/beneficiary does not matter at this time. The employment of the US citizen is what is important.

[GitmeOuttaHere 0]

This is the 5-6 month wait time yes.

The US citizen must prove they can support the family house hold at 125% of the poverty guidelines. If the US citizen cannot prove this they will require a co-sponsor that can meet the requirements for the people who need visas + their house hold. http://www.uscis.gov/files/form/i-864p.pdf

Montreal is the only embassy in Canada that does spousal visa interviews and they are notorious when it comes to proving domicile in the USA. The US citizen will need proof of you all moving to the USA such as a home/bank account/credit cards/job. There is a specific thread on domicile proof in the Canada section. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/ Even if she has never lived in the USA she will have to prove you all intend to move back to the USA and she needs this proof at the interview time or they will not issue the visa until she provides the proof.

The employment of the Canadian/beneficiary does not matter at this time. The employment of the US citizen is what is important.

Thanks for the info, yes we checked out that info and all the domicile stuff previously...is cash in the bank enough for proof of support or do they want you to have a job with an income above the 125% ?? I hope cash works, as, by interview time we plan on having sold our home here and having a rental agreement at an apartment in the state we want to move to, and with any luck maybe a conditional job offer for her when she gets there. She already has a bank account opened in the US at the state closest to us, but we plan on moving to a state that is about 1500 miles away from where we are now.

Edited November 16, 2011 by GitmeOuttaHere

[sheeshkabelle 153]

Thanks for the info, yes we checked out that info and all the domicile stuff previously...is cash in the bank enough for proof of support or do they want you to have a job with an income above the 125% ?? I hope cash works, as, by interview time we plan on having sold our home here and having a rental agreement at an apartment in the state we want to move to, and with any luck maybe a conditional job offer for her when she gets there. She already has a bank account opened in the US at the state closest to us, but we plan on moving to a state that is about 1500 miles away from where we are now.

If you use assets, which savings is, the rule is 5x the 125% number for your house hold.

Example you+wife+ 2kids= 4 house hold the poverty guide line is $25,000.00 x5 = $125,000.00 in assets. You can use a combination of assets to get to this; savings, retirement accounts, life insurance etc. When using assets you must be able to liquidate them with in one year.

If that is not possible, you have to have a co-sponsor that meets the requirements.

[GitmeOuttaHere 0]

Where did you find this info on the 5X rules? I would like to review it further.

Also, is her basically having a job that pays 125% of poverty line good enough, or would they consider a mix of assets and job?

[sheeshkabelle 153]

Where did you find this info on the 5X rules? I would like to review it further.

Also, is her basically having a job that pays 125% of poverty line good enough, or would they consider a mix of assets and job?

http://travel.state.gov/visa/immigrants/info/info_3183.html#21

Scroll down until you see Can petitioner use assets. It will also answer your second question.

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

The assets must be convertible to cash within 12 months

The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

Yes, except with form I-864EZ. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family.

[sheeshkabelle 153]

I did make a mistake, since you are sponsoring a spouse and children of a US citizen, then the rule is 3% for assets, not 5. Sorry!

[Brother Hesekiel 2,235]

Did your wife file U.S. income tax returns?

[GitmeOuttaHere 0]

Did your wife file U.S. income tax returns?

I made light of this situation in another thread, but the answer is...........No.

[Inky 1,110]

I made light of this situation in another thread, but the answer is...........No.

Thats kind of bad. The IRS is recently going after Americans living in Canada who never filed taxes as they are required to file taxes regardless of where they live. She should have been reporting any savings as well that she had established in Canada.