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MelMel

Applying for I-130 and so on...

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My husband and I got married last year and have been trying to figure out how to move him down to the states (He's Canadian). We have no problems proving our marriage and so on (we've been dating for six years now), but the filing process has become tedious and confusing.

I'm the one who is filing the petition for my husband to join me, but I don't know if I make the requirements for financial support. Last year I was off for most of the year visiting with him (almost four months, and not working during this time), so my last year annual income is GREATLY below what this year's income will be. He is currently a student (in Canada) and doesn't make any money, however, he has a lot of money in savings. I was wondering, is there any way to prove financial security without having the requirements for annual income? And,if so, what are the requirements?

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Assets alone can be used to qualify as well as a combination of income and assets. The instructions for the I-864 form specifically explain how assets can be used. Furthermore, the I-864 will not be submitted until your file is at the NVC and the appropriate bill has been paid.

Just a semantics note regarding your thread title, an I-130 is not something that is applied for, it is the petition form that is used to begin the spousal visa process. You husband will apply for a CR-1 visa if you have been married for less than two years or an IR-1 visa if you have been married for 2 years or more.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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oh, ok, thanks. =)

Just one last question, how much in assets needs to be made up for lack of yearly income if we're mainly relying on my husband's savings? If we've been married for two years and the CR-1 is still pending do we change it to the IR-1? Or if he was accepted on a CR-1 do we still change?

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You use x3 in assets. So if the income shortfall is $3000, you;d need $9000 in assets. Assets must be easily liquidated within one year without undue hardship- so a primary residence or only car usually doesn't count, but a holiday home, second car or savings would.

In terms of CR-1 vs IR-1, you need not do anything, it automatically changes over if you pass the 2 year anniversary. If the anniversary happens after the visa is issued but before you immigrate, point it out to the officer at the border just in case.


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.

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You use x3 in assets. So if the income shortfall is $3000, you;d need $9000 in assets. Assets must be easily liquidated within one year without undue hardship- so a primary residence or only car usually doesn't count, but a holiday home, second car or savings would.

In terms of CR-1 vs IR-1, you need not do anything, it automatically changes over if you pass the 2 year anniversary. If the anniversary happens after the visa is issued but before you immigrate, point it out to the officer at the border just in case.

Oh, thank you very much. =)

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