Applying for I-130 and so on...

[MelMel 0]

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?

[Ryan H 3,444]

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.

[MelMel 0]

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?

[Penguin_ie 5,575]

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.

[MelMel 0]

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. =)