Filing I-130 Soon

[gamm3 13]

I have been doing my best to understand everything that goes along with this application, but it really is somewhat difficult at first - especially with all the acronyms and such. I would love to give a run-down of my plans here and get your feedback to make sure I am on the right track.

I am the US citizen and my husband is a Colombian citizen. I have been living and working in Colombia since 2008. We got married July 2012. We hope to move to the US in August - September 2013. This time is pretty set because I am a teacher and would need to start a job then and my husband is most likely going to start a PHD which would also start then. According to my calculations, it would be best to start the spousal visa application now. From my understanding - if it went through fast, we would still have 6 months until he had to enter and use the visa.

1. If he receieved the visa earlier than we wanted to move, could he enter the US to activate it and then leave again until we were ready.

2. He is on his 2nd US tourist visa (5 years each) and has traveled in and out of the US frequently. Is there a problem with him using the tourist visa while we are completing this application? for a December Christmas visit?

Since I am living in Colombia, I do not have a US job at the time which would allow me to be a US sponsor. One option is to have my dad sponsor him. Another option is for us to get the cash together.

3. Could we keep this cash in accounts in Colombia?

4. When does the sponsorship form have to be sent in? (I assume not with the first I-130 application).

5. Should I put my Colombian address as the address on the I130 and my US address (parents house) on the sponsorship form where they are asking about domicile.

Thanks for any help you can give!

Edited October 2, 2012 by gamm3

[Nick1980 11]

I have been doing my best to understand everything that goes along with this application, but it really is somewhat difficult at first - especially with all the acronyms and such. I would love to give a run-down of my plans here and get your feedback to make sure I am on the right track.

I am the US citizen and my husband is a Colombian citizen. I have been living and working in Colombia since 2008. We got married July 2012. We hope to move to the US in August - September 2013. This time is pretty set because I am a teacher and would need to start a job then and my husband is most likely going to start a PHD which would also start then. According to my calculations, it would be best to start the spousal visa application now. From my understanding - if it went through fast, we would still have 6 months until he had to enter and use the visa.

1. If he receieved the visa earlier than we wanted to move, could he enter the US to activate it and then leave again until we were ready.

2. He is on his 2nd US tourist visa (5 years each) and has traveled in and out of the US frequently. Is there a problem with him using the tourist visa while we are completing this application? for a December Christmas visit?

Since I am living in Colombia, I do not have a US job at the time which would allow me to be a US sponsor. One option is to have my dad sponsor him. Another option is for us to get the cash together.

3. Could we keep this cash in accounts in Colombia?

4. When does the sponsorship form have to be sent in? (I assume not with the first I-130 application).

5. Should I put my Colombian address as the address on the I130 and my US address (parents house) on the sponsorship form where they are asking about domicile.

Thanks for any help you can give!

1.There is limitations on how long you can be out of the USA after entering on a CR1/IR1 visa, no more than 6 months if i'm not mistaken.

2.At any time a CBP can deny him entry on a tourist visa, especially if he states he is coming to see his wife. Since he has traveled frequently in the past in and out, it may make it easier for him. But noone can say 100% if he would be allowed entry or denied.

3.Since you don't currently have a job, you can't sponsor with only cash in the bank I believe. You would need to have some assets that meet the current guideline requirement. The co-sponsor seems to be the more sensible option.

4. The sponsorship form (I-864) would be sent in at the NVC stage, which is after your I-130 petition is approved. No exact time frame here.

5. When I filed I used my address abroad as current and my mothers address as where we intend to live upon entry in the USA.

Hope this helps a little, maybe someone else will help with some things that I missed

[gamm3 13]

Thanks so much!

2. We were really worried in July when he was entering on a Tourist Visa to get married. (We both live in Colombia, but I wanted to get married in the US in my hometown.) When he entered, he immediately told the officer that he was going to get married. (He was with his mom and dad). He was sent to secondary inspection, but asked very minimal questions and was allowed to enter. He brought a ton of paperwork including everything that showed that I was living in Colombia, but didnt have to use it. When we came back from our honeymoon and we transited through the US on the way to Colombia - we went through the visitors line together. He was sent to secondary inspection again, but the questions were basically about why he was in Egypt and Israel (for our honeymoon). I was freaking out about the wedding entrance, but now I am calmer as long as he has the right paperwork to prove our situation.

3. Why wouldn´t cash count as assets? I read that your assets had to be turned into cash in a reasonable time frame for them to count. I have a great voluntary pension fund in Colombia that gives great interest and I would like to keep the money there if possible. You can take the money out at any time in this fund.

[Nick1980 11]

Thanks so much!

2. We were really worried in July when he was entering on a Tourist Visa to get married. (We both live in Colombia, but I wanted to get married in the US in my hometown.) When he entered, he immediately told the officer that he was going to get married. (He was with his mom and dad). He was sent to secondary inspection, but asked very minimal questions and was allowed to enter. He brought a ton of paperwork including everything that showed that I was living in Colombia, but didnt have to use it. When we came back from our honeymoon and we transited through the US on the way to Colombia - we went through the visitors line together. He was sent to secondary inspection again, but the questions were basically about why he was in Egypt and Israel (for our honeymoon). I was freaking out about the wedding entrance, but now I am calmer as long as he has the right paperwork to prove our situation.

3. Why wouldn´t cash count as assets? I read that your assets had to be turned into cash in a reasonable time frame for them to count. I have a great voluntary pension fund in Colombia that gives great interest and I would like to keep the money there if possible. You can take the money out at any time in this fund.

I'm not sure about the assets situation. I suppose cash could be used as assets. We haven't reached that stage of the process yet, however we will choose to go the co-sponsor route. Hopefully someone else can chime in to help you there. I don't wanna mis-lead you.

[Mononoke28 137]

I have been doing my best to understand everything that goes along with this application, but it really is somewhat difficult at first - especially with all the acronyms and such. I would love to give a run-down of my plans here and get your feedback to make sure I am on the right track.

I am the US citizen and my husband is a Colombian citizen. I have been living and working in Colombia since 2008. We got married July 2012. We hope to move to the US in August - September 2013. This time is pretty set because I am a teacher and would need to start a job then and my husband is most likely going to start a PHD which would also start then. According to my calculations, it would be best to start the spousal visa application now. From my understanding - if it went through fast, we would still have 6 months until he had to enter and use the visa.

1. If he receieved the visa earlier than we wanted to move, could he enter the US to activate it and then leave again until we were ready.

2. He is on his 2nd US tourist visa (5 years each) and has traveled in and out of the US frequently. Is there a problem with him using the tourist visa while we are completing this application? for a December Christmas visit?

Since I am living in Colombia, I do not have a US job at the time which would allow me to be a US sponsor. One option is to have my dad sponsor him. Another option is for us to get the cash together.

3. Could we keep this cash in accounts in Colombia?

4. When does the sponsorship form have to be sent in? (I assume not with the first I-130 application).

5. Should I put my Colombian address as the address on the I130 and my US address (parents house) on the sponsorship form where they are asking about domicile.

Thanks for any help you can give!

1. Yes, he can use his CR1 visa to enter the US, leave the country whenever he wants and come back by using his I-551 stamp or even his green card since he should be getting it in the mail within a few weeks of going through immigration. The one thing he should not do is stay in a foreign country for a long period of time, usually 12 months but some people get hassled even if they stay away for more than six months.

2. Yes, he can use his tourist visa to enter the US while his I-130 is being processed. But keep in mind that it is up to the immigration officer to decide if he can enter the US during one of those trips. Most people don't have any issues but it's best to be prepared.

3. As per the DOS's web site, cash can be used as assets based on the following:

• 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.
  

If you meet all of those requirements, then you should be fine. If not, then you will need a co-sponsor.

4. You need to send in your I-864 (as well as your co-sponsor's if you decide to have one) after you pay the AOS fee bill at the NVC stage, which is after your I-130 petition is approved by the USCIS.

5. Enter your Colombian address as your current address and your parents' address as the address where you plan on living once you enter the US.

I also recommend reading the EZGuideSpouse which will show you the entire process before your interview. Also, you can visit the Colombia Club thread in case you have more questions.

Diana

Edited October 2, 2012 by Mononoke28

[gamm3 13]

Thanks Diana! Brings me back to Poor But Happy Days! I miss that forum!