Spouse visa

[RobEnglish 0]

My wife and I received letters from the National Visa Centre regarding our marriage visa. I have to pay the immigrant visa fee, and my wife has to pay the Affidavit of Support (AOS) fee. I understand that my wife’s income needs to be minimum $18,000 per year for her to complete the application (regardless of my education/background/earning potential). She was a student until recently, and did not have this much income during the past couple of years, but is now working full time and her taxes next year will reflect this. Can we or should we delay the process until next spring? We don't want to get rejected because we don't (or didn't, according to last paperwork) meet the requirements. But we're worried that if we wait too long the whole thing will get cancelled.

Secondly, after we pay the immigrant visa fee and the AOS fee, what happens next in the process, and how long should it take?

Thank you in advance of any advice or information.

[Jason and Shifa 4]

if the petitioner can't meet the poverty guideline,she/he can get a co sponsor so you don't have to delay your application

[Stephen + Elisha 92]

Also, it's current income that matters on the I-864. As long as your wife has current paystubs that show regular income in excess of 125% of the poverty guidelines for your household size, she'll meet the sponsorship requirements.

If it makes you feel better, when I filed the I-864 for my wife (she came in on a K-1 visa, so we were filing the I-864 with USCIS for her AOS application rather than NVC for an IV, but same principles hold) my "total income" for each of the prior 3 tax years was under $10,000—one year was as a student and the two others were from the foreign earned income exemption while I was living and working overseas. But my current income was well in excess of the poverty guideline and I submitted paystubs showing that (I may have submitted a letter from my employer verifying my salary too, I don't remember for certain). Her AOS was approved without a hitch.

[Darnell 8,478]

sure - you have 1 year per 'thing' for document intake at NVC.

just be certain that you are emailing NVC and letting them know about it and your interest in pursuing the immigrant visa .

[pushbrk 12,232]

My wife and I received letters from the National Visa Centre regarding our marriage visa. I have to pay the immigrant visa fee, and my wife has to pay the Affidavit of Support (AOS) fee. I understand that my wife's income needs to be minimum $18,000 per year for her to complete the application (regardless of my education/background/earning potential). She was a student until recently, and did not have this much income during the past couple of years, but is now working full time and her taxes next year will reflect this. Can we or should we delay the process until next spring? We don't want to get rejected because we don't (or didn't, according to last paperwork) meet the requirements. But we're worried that if we wait too long the whole thing will get cancelled.

Secondly, after we pay the immigrant visa fee and the AOS fee, what happens next in the process, and how long should it take?

Thank you in advance of any advice or information.

You've got some good answers but I want to clarify that both the fees must be paid from a US bank account. If it's your money paying the visa application fee, you'll need to get that money to your wife's US bank account first.

You don't need to wait until an employed person's income shows on a tax return. Past income is the past. Only past income shows on a tax return. She will "qualify" based on "current income". Let me put that in perspective. If she made $100,000 a year the last three years but got fired yesterday, her current income would be zero and she wouldn't qualify. By the same token, if she made zero the last three years and took a $30,000 a year job last month, her current income is $30,000 and she DOES qualify. Just because the affidavit of support asks a question doesn't mean the answer is going to be the determining factor. There are many questions, but only a couple of actual qualifying factors. Current income is king.

You document current income with a pay stub and/or employer letter.

Edited November 1, 2012 by pushbrk

[kwara4u 14]

just pay them from US account no matter how owns it you or your wife. Also don't delay, you can get a joint sponsor anyone in your family or household member can file I-864 & I-864A.

[NikLR 13,220]

just pay them from US account no matter how owns it you or your wife. Also don't delay, you can get a joint sponsor anyone in your family or household member can file I-864 & I-864A.

Not everyone wants to get a joint sponsor and not everyone would want to be one either.

Also OP you may want to make sure your wife income meets the 125% which which actually much closer to $19000 per year. Poverty Guidelines PDF

edited for spelling...

Edited November 1, 2012 by NikiR

[RobEnglish 0]

Thanks everyone! It’s so good to get this feedback.

Jason and Shifa, how can we introduce a third party (co-sponsor) in to an existing application process? Or is this the I-864 & I-864A that kwara4u mentioned?

Stephen and Elisha, thanks for your background info – that’s reassuring. The letter from employer is a good idea.

Thanks Darnell, I emailed NVC a few days ago.

Thanks for the clarification, pushbrk. I didn’t know that I have to pay the visa fees via a US bank account. Your comments helped a lot.

Thanks for the PDF info, NikiR. I’ll take a look. Right, so as long as my wife’s income is in excess of $19,000 we’ll be ok.

If we make the payments this week (immigrant visa fee and the AOS fee), when will they request all the income documentation from my wife? We need to make sure we have this ready on time. What is the exact process after making those two payments?

Thanks again everyone!

[pushbrk 12,232]

Thanks everyone! It's so good to get this feedback.

Jason and Shifa, how can we introduce a third party (co-sponsor) in to an existing application process? Or is this the I-864 & I-864A that kwara4u mentioned?

Stephen and Elisha, thanks for your background info – that's reassuring. The letter from employer is a good idea.

Thanks Darnell, I emailed NVC a few days ago.

Thanks for the clarification, pushbrk. I didn't know that I have to pay the visa fees via a US bank account. Your comments helped a lot.

Thanks for the PDF info, NikiR. I'll take a look. Right, so as long as my wife's income is in excess of $19,000 we'll be ok.

If we make the payments this week (immigrant visa fee and the AOS fee), when will they request all the income documentation from my wife? We need to make sure we have this ready on time. What is the exact process after making those two payments?

Thanks again everyone!

Follow the instructions on the invoice for online payment. You can't pay the AOS fee until it is invoiced and can't pay the IV fee until the DS3032 is accepted. Now is the time to become an expert on the NVC shortcuts. Study this. http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

[RobEnglish 0]

Follow the instructions on the invoice for online payment. You can't pay the AOS fee until it is invoiced and can't pay the IV fee until the DS3032 is accepted. Now is the time to become an expert on the NVC shortcuts. Study this. http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

Thanks, pushbrk

[RobEnglish 0]

Hi again,

After some delays and email correspondence with NVC, I’m getting back onto this. Waiting for some NVC mail to be forwarded to us as we are currently overseas, and will then pay the AOS fee.

An email from NVC stated: “Once the (AOS) payment is received and processed, you will be given instructions on how to download the instruction packets and the appropriate forms online. You will need to mail the appropriate forms to the NVC in order to complete your immigrant visa processing.”

Can anyone please give me the heads up on what these particular forms will be in this next stage? Presumably it is was pushbrk was referring to – eg I can’t pay the IV (immigrant visa) fee until the AOS has been paid? So after paying the AOS, they’ll then send the IV form and invoice to me? Any advance notice on the "appropriate forms" will be useful.

Thanks all

[Darnell 8,478]

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

and click through the link in post #9, so you not miss stuff.

Good Luck !

Edited December 11, 2012 by Darnell