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malloryelise

Financial Sponsorship

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Filed: Other Country: Brazil
Timeline

Hi everyone, i'm an american citizen and i've been living in brazil for the past three years with my brazilian husband. we've decided to immigrate to the us.

we are going to do it all outside of the country (consulate application) so that my husband can get his green card before actually moving there (so he can keep his job here while simultaneously applying for jobs in the us). he has a very good career and so we only want to move once he has a job lined up.

After speaking with a lawyer on the phone the process seems doable (despite the fact that it could take 1-1.5 years to finish) but the only thing that bothered me was the proving financial sponsorship part (i think he was trying to scare the ###### out of me, really). I don't make very much money here in brazil (devalued currency to the usd) so maximum i make about 14000 a year usd (which is what i will file my US 2012 tax return as). my husband makes around 70 usd here. but the lawyer told me that I HAVE TO BE THE ONE to earn at least 20k usd in order for them to approve our application, his income doesn't count. (logically this doesnt make any sense seeing as both of us will leave brazil so why the hell does my salary here even matter?)

but immigration doesn't make sense. now does it.

so do any of you have experience with this? one of the reasons we want to leave brazil is so that i (personally) can earn a better annual salary (im a bloody english teacher like all the other immigrants are here). but now im scared that i won't personally be able to prove that i make on my own 20 thousand a year. even writing this it sounds extremely ridiculous.

If anyone has tips on how they got through this financial sponsorship part of the interview i would be grateful to hear them.

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Your money in Brazil won't count unless that same income will carry over when you are livinging in the US, therefore you will either needs to come to the US and get a job that will give you the requored income of $18,929.00 or you'll will need someone to sponsor your husband.

You need to look at how DCF works, you will need to show that you are domcile in the US.which means you will need to leave your husband there and set up living arrangement in the US.

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Filed: Other Country: Brazil
Timeline

Your money in Brazil won't count unless that same income will carry over when you are livinging in the US, therefore you will either needs to come to the US and get a job that will give you the requored income of $18,929.00 or you'll will need someone to sponsor your husband.

You need to look at how DCF works, you will need to show that you are domcile in the US.which means you will need to leave your husband there and set up living arrangement in the US.

Hi, that's not what my lawyer told me. He advised that many people acquire the green card before moving to the US (before having an address, before having an US income) so i have to prove my assets here (can be in brazil) to the consulate. And prove it with my tax returns. So, again my question is if anyone has applied through this route. THIS IS NOT A K-1 visa like all the other questions on this page....this application is spousal (not K-3) and is concluded through the consulate.

Has anyone here gone through this specific situation? thanks.

Also, im going to be speaking in person with my lawyer in Seattle in December but i am impatient and wanted to hear from others on this site (was recommended to me by a friend). :P

Edited by malloryelise

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Filed: Country: Vietnam (no flag)
Timeline

Hi, that's not what my lawyer told me. He advised that many people acquire the green card before moving to the US (before having an address, before having an US income) so i have to prove my assets here (can be in brazil) to the consulate. And prove it with my tax returns. So, again my question is if anyone has applied through this route. THIS IS NOT A K-1 visa like all the other questions on this page....this application is spousal (not K-3) and is concluded through the consulate.

Has anyone here gone through this specific situation? thanks.

Also, im going to be speaking in person with my lawyer in Seattle in December but i am impatient and wanted to hear from others on this site (was recommended to me by a friend). :P

You are confused.

Big difference between an immigration visa and a green card. Despite what your lawyer said or what you think he said; absolutely no foreign national gets a green card BEFORE immigrating.

Your Brazilian income is meaningless for meeting the I-864 because it will not continue after you leave.

You must be domiciled in the US or have evidence you will reestablish one when you husband enter on his immigration visa. So, you do not have to go to the US ahead of him. You can return with him.

Without a continuing income stream, you will either need assets (approx $75,000) or a Joint Sponsor to meet the I-864 requirements. You must have one or the other to get a visa for your husband. If you can't, then a visa can't be issued to him.

So, yes, your husband could have a US visa without you having a US address or US income. However, you would need a Joint Sponsor or assets.

Edited by aaron2020

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

This is my understanding....

In order to qualify you and your hubby will need approx. $60,000 in assets (cars do not count unless they are the second or third car in the family) and other assets only count if they could be sold within a year.

The Brazilian citizen's income does not count and the U.S. citizens income does not count if it will not be continuous once you return to the states. I have read one instance in Asia where the AOS was accepted based on a USC's job in the foreign country. I think she was a University teacher. Her income was not going to be continuous. Otherwise all of the other instances imply you need a joint sponsor. A person with domicile in the states that meets the income requirements. (U.S. citizen? I think.)

You can apply from Brazil without returning to the states if you can prove intent to re-domicile in the states.

There are tons of other little details that you will find as you are reading through the forums.

I am getting married next month here in Brazil and will start my journey then :) so none of this is real life experience


11/10/12 Married

11/12/12 I-130 Petition mailed from Brazil

11/16/12 NOA1 email

11/30/12 NOA1 Letter (mailed to Brazil)

01/09/13 NOA2 email and online update (56 days from NOA1)

01/23/13 NOA2 Letter arrived (mailed to Brazil)

01/22/13 Arrived at NVC

02/04/13 Assigned NVC numbers

02/04/13 Sent 3032 by email

02/07/13 Received 3032/864

02/07/13 Paid AOS/864

02/07/13 Mailed AOS/864

02/11/13 AOS/864 arrived

02/14/13 Emailed scanned copy of 3032

02/15/13 3032 Accepted

02/18/13 AOS/864 accepted

02/18/13 IV bill invoiced and paid

02/19/13 Mailed IV package

02/22/13 IV package arrived

03/04/13 Case Complete (1 month since NVC numbers assigned)

04/12/13 Interview

05/04/13 Received Passport with Visa

06/22/13 POE

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Filed: Other Country: Brazil
Timeline

This is my understanding....

In order to qualify you and your hubby will need approx. $60,000 in assets (cars do not count unless they are the second or third car in the family) and other assets only count if they could be sold within a year.

The Brazilian citizen's income does not count and the U.S. citizens income does not count if it will not be continuous once you return to the states. I have read one instance in Asia where the AOS was accepted based on a USC's job in the foreign country. I think she was a University teacher. Her income was not going to be continuous. Otherwise all of the other instances imply you need a joint sponsor. A person with domicile in the states that meets the income requirements. (U.S. citizen? I think.)

You can apply from Brazil without returning to the states if you can prove intent to re-domicile in the states.

There are tons of other little details that you will find as you are reading through the forums.

I am getting married next month here in Brazil and will start my journey then :) so none of this is real life experience

hey thanks! yeah that's what i was told--that there are some cases where the foreign income is considered during the interview (the lawyer told me he had a citizen client who didnt work outside the country (a mother with small children) so they considered the husband's foreign income. he said it was really tense but worked in the end. i know it's assets that they need (savings account works) and i already knew i would need a co sponsor which will probably be my parents. i will have to use their address anyway since we are not going to move to the US and get a house or anything like that until after the consulate interview. period. other americans in brazil who i've talked to who have since gone back to the US pretty much all used parents as co sponsors and as the address. they didn't rent/buy or "set up a domicile." i will use my parents house as the "domicile."

my main deal with all of this is finding the best way (with co sponsors and parents address) to get all the immigration stuff done with without quitting any jobs or selling any cars or properties until we are absolutely ready to go. no limbo space. if it's not possible, then we'll stay here. this is why i have to get a lawyer involved though :/ but will be spending christmas in seatte so i will get legal help while we are there :D

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Again...from what I have read....hahaha

A lawyer is best in the visa process if you feel you are not so great at following directions, organizing, don't have time, etc. or if you have something complicated in your case such as police convictions, previous overstay issues in the states, etc. Not really for basic cases.

Of course you need to do what makes you feel comfortable, but I have read about many people that have used lawyers and it has slowed their process because the lawyer is not working only on their case. Do a search for lawyer on here and you can probably find some plus and minuses. It seems as if lawyers do not have any special ways to get us through faster.

I have looked through all of the forms and they are not too difficult, especially with all of the expertise on VisaJourney. It seems like the hard work is to gather the backup documents and that will fall on you anyway, not the attorney.

Boa sorte!!! If I get started before you I will be happy to share what happens for real haha.


11/10/12 Married

11/12/12 I-130 Petition mailed from Brazil

11/16/12 NOA1 email

11/30/12 NOA1 Letter (mailed to Brazil)

01/09/13 NOA2 email and online update (56 days from NOA1)

01/23/13 NOA2 Letter arrived (mailed to Brazil)

01/22/13 Arrived at NVC

02/04/13 Assigned NVC numbers

02/04/13 Sent 3032 by email

02/07/13 Received 3032/864

02/07/13 Paid AOS/864

02/07/13 Mailed AOS/864

02/11/13 AOS/864 arrived

02/14/13 Emailed scanned copy of 3032

02/15/13 3032 Accepted

02/18/13 AOS/864 accepted

02/18/13 IV bill invoiced and paid

02/19/13 Mailed IV package

02/22/13 IV package arrived

03/04/13 Case Complete (1 month since NVC numbers assigned)

04/12/13 Interview

05/04/13 Received Passport with Visa

06/22/13 POE

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Filed: Citizen (apr) Country: Brazil
Timeline

From what I have read recently, you can apply while you are still in Brasil and stay there while things are being processed. However, Brasil no longer does direct consular filing. They stopped doing it a few months ago. You can follow the spousal visa process, though.


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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

No reason for an attorney and the accompanying expense from what you've stated about your circumstances. A resource like VJ is set up for the DIY approach.

If you are not willing, or not confident about, completing the forms then a lawyer or service may be helpful. But a lawyer is simply completing forms with information that you supply. They don't make it faster or easier.

This page from the State Dept. website may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

It should take less than 12 months for the process to be completed and interview conducted.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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They're not going to count your spouse's income unless it'll somehow continue in the US. Do you have a family member you could ask to cosponsor?


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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