US Citizen Sponsoring I-130 for Spouse, both living abroad questions!

[Dani&Juli_VE 1]

Hello!

First of all, my name is Daniel. I'm so glad to find this great community and hope to learn and share my experience so it may be helpful for others!

This is my case:

I'm a born US Citizen currently living in Venezuela and I recently (April 20th 2013) got married to a Venezuelan and wish to move with her to the United States permanently. I understand I need to file an I-130 petition to sponsor her CR1 visa. However, I've found some issues that I couln't find an answer on the internet:

1. I understand the I-130 petition must be sent by mail to the Chicago Lockbox with the payment by check or money order. Unfortunatly in Venezuela I don't have such options for payment because there is a strict currency exchange control by the venezuelan government and I cannot make a check or money order payable in US dollars. My question is: How can I pay the I-130 fee in my situation? (I have family in the US, I also have a Citibank account in the US but I've never had or used checks from that account.)

2. As I stated before, I reside in Venezuela and so I've been since I was just a few months old. I am 28 now and venezuelan because of my parents. I have my venezuelan ID ("Cédula de Identidad") and passport. My concern is that I understand the I-864 or "Affidavit of Support" form requests the sponsor to reside in the US, submit IRS records, and other kinds of evidence of sufficient income. The problem is that I work and live in Venezuela and I don't have enough ties to the US economy other than a US Bank Account which I don't use very often. We plan to move to the US whenever we are legally ready. I'm a professional and I was recently offered a job in the United States with a friends company in Miami and I am counting on that as a start-up. My spouse is a Psychologist and she plans to work and continue her studies there too (she is pursuing a Ph.D in Clinical Psychology). We have family living and doing legal business in Miami and Tampa, they will sure help us on the first stages of our arrival. Those are our sincere intentions. I couldn't find information on the internet on this particular case. My question is: How can I deal with this I-864 form in my specific case?

3. Regarding the above: should I move, get the job, rent a place first, etc and then submit the I-864 form? Would that be necessary? We wouldn't want to separate for too long.

Those are my first questions... if you have any suggestions please do help us! THANKS!

Edited September 25, 2013 by dobleclickve

[florida4life 29]

Do direct consular filing DCF

http://www.visajourney.com/content/dcf

[Dani&Juli_VE 1]

Do direct consular filing DCF

http://www.visajourney.com/content/dcf

Thanks for your response!

Well, the thing is that unfortunatly (from what I've read) the Caracas US Embassy does not offer DCF.

Their website makes no mention of it and the only way to contact them about visas is an email address (immigrantCaracas@state.gov).

I called US Citizen Services at the Caracas US Embassy and the guy on the phone told me that his department was not authorized to give me any information about visas and the only way was to write to that email address.

I wrote them yesterday, and received an automatic response telling me that they will respond in about 5 business days.

[florida4life 29]

Yes that's correct I just went to your country portal and they don't offer DCF sorry.

http://www.visajourney.com/consulates/index.php?ctry=Venezuela&cty=Caracas

Edited September 25, 2013 by florida4life

[lost_at_sea 995]

Whether DCF or not, OPs questions still apply.

1. There are instructions on how you can pay in the I-130 instruction pdf. They don't care who pays (so someone with a US checkbook can write one for you), so long as they get their fee http://www.uscis.gov/files/form/i-130instr.pdf

2 & 3. It's good that you've already noted the domicile requirement. The way you describe your situation, I can think of a couple of possible scenarios:

a. You move ASAP to the USA on your own, take up the job you've been offered and start earning a US income. This means you'll be ticking off both domicile and income requirements. The I-864 asks for tax returns for evidence of income, and the instructions for that say what to do if you haven't been required to file such documentation. http://www.uscis.gov/files/form/i-864instr.pdf

b. You accept the US job (but are unable to actually start), but you don't move until your spouse has the visa. This would put you in a situation where the accepted job offer is helping you to prove that you're re-establishing a US domicile, but as you're not actually working yet, cannot be used for the financial sponsorship. In this situation, you'd need to find a joint sponsor (USC/LPR, lives in the USA, over 18, makes enough money). You may still need to find more proof that you're re-domiciling (like putting your home in Venezuela on the market, finding a new one in the USA etc.).

I've assumed the job you've been offered meets the required amount. Promises of jobs are not enough to satisfy the financial requirements. Alternatively, you can use assets if you have a lot of savings - can discuss that detail if that's something you'd like to understand.

The I-864 won't be needed until after the I-130 petition is approved, so you've got a few months from that application to get yourself moved to the USA ahead of your spouse and establish yourself there, or find the joint sponsor and/or start working on how you'll be showing that you'll be re-domiciling in the USA. Whether you use a joint sponsor or not, you'll still be required to complete an I-864 declaring no (or insufficient) income as the primary sponsor.

There's a lot of useful information about the I-864 here: http://travel.state.gov/visa/immigrants/info/info_3183.html

And here's the information on how much you'll be required to show, money wise (either by you or a joint-sponsor, if that's the path you'll be taking): http://www.uscis.gov/files/form/i-864p.pdf

Finally, this link is for London (which I realise is not your embassy) but they do a decent job of explaining about domicile and what they'd expect to see, which might help you understand a bit more about what you need to be doing in this area: http://london.usembassy.gov/faq_i864_domicile.html

Edited September 25, 2013 by lost_at_sea

[scubaliz0924 0]

Thanks for your response!

Well, the thing is that unfortunatly (from what I've read) the Caracas US Embassy does not offer DCF.

Their website makes no mention of it and the only way to contact them about visas is an email address (immigrantCaracas@state.gov).

I called US Citizen Services at the Caracas US Embassy and the guy on the phone told me that his department was not authorized to give me any information about visas and the only way was to write to that email address.

I wrote them yesterday, and received an automatic response telling me that they will respond in about 5 business days.

I just sent the US Embassy in Caracas the same query two weeks ago. They definitely do NOT do DCF. You have to file via the USCIS directly.

[Dani&Juli_VE 1]

Hi guys, thank you all for your answers. They have been very helpful, particulary user Lost_at_sea, providing links and well enough details. Again, thank you!

The Caracas US Embassy (Venezuela) replied to my email and I'd like to share with the community their complete response to my CR1 visa questions:

Dear Mr. **********:

Thank you for your inquiry. Unfortunately we cannot offer advice on your wife’s immigration status, nor can we advise you on handle banking matters in Venezuela or payment concerns. Please note that we are not U.S. Citizenship and Immigration Services (USCIS); payment arrangements should be made with them.

You must submit an I-864 (Affidavit of Support Under Section 213A of the Act) on behalf of your wife. Otherwise, the consular officer will not be able to issue her a visa. This requirement applies even if the petitioner (you, in this case) is not working or is working but does not earn enough money to support you. In these circumstances, your petitioner may find a joint sponsor who is willing to file an I-864 for you, or he or she may have a household member who is willing to file a Form I-864A (Contract Between Sponsor and Household Member).

Remember that every I-864 and I-864A must be accompanied by proof that the filer is a U.S. citizen or legal permanent resident, and the most recent U.S. tax form as of when the I-864 or I-864A was signed. If the petitioner is not working, he or she must state this on the I-864.

If the person has not filed a U.S. tax return, regardless of the reason, he or she must explain in writing why not. The petitioner may find it convenient to use our No Taxes Statement for this purpose.

Please see 9 FAM 40.41 for more information concerning the I-864 and the public charge ineligibility.

Sincerely,

Immigrant Visa Unit

From: Immigrant Caracas

Sent: Tuesday, September 24, 2013 12:37 PM

To: Caracas, Immigrant Public

Subject: FW: My Wife's Visa Inquiry

-------------------------------------------

From: [sMTP*****************@GMAIL.COM]

Sent: Tuesday, September 24, 2013 1:06:23 PM

To: Immigrant Caracas

Cc: *****************

Subject: My Wife's Visa Inquiry

Auto forwarded by a Rule

Hello,

My name is ****************, I'm a born US Citizen currently living in Venezuela.

I recently got married to a Venezuelan, and wish to move with her to the United States permanently. I understand I need to file an I-130 petition. However, I've found some issues that I couln't find an answer on the internet:

1. I understand the I-130 petition must be sent by mail to the Chicago Lockbox with the payment by check or money order. Unfortunatly in Venezuela I don't have such options for payment. There is a strict currency exchange control by the venezuelan government and I cannot make a check or money order payable in US dollars. My question is: How can I pay the I-130 fee in my situation?

2. As I stated before, I reside in Venezuela and so I've been since I was just a few months old. I am venezuelan because of my parents and I have a venezuelan ID ("Cédula de Identidad") and passport. My concern is that I understand the I-864 or "Affidavit of Support" form requests the sponsor to reside in the US, submit IRS records, and other kinds of evidence of sufficient income. The problem is that I work and live in Venezuela and I don't have enough ties to the US economy other than a US Bank Account in Citibank which I don't use very often. We plan to move to the US whenever we are legally ready. I'm a professional and I was recently offered a job in the United States with a friends company in Miami and I am counting on that as a start-up. My spouse is a Psychologist and she plans to work and continue her studies there too (she is pursuing a Ph.d in Clinical Psychology). We have family living and doing legal business in Miami and Tampa, they will sure help us on the first stages of our arrival. Those are our sincere intentions. I couldn't find information on the internet on this particular case. My question is: How can I deal with this I-864 form in my specific case?

3. Regarding the above: should I move, get the job, rent a place first, etc and then submit the I-864 form? Would that be necessary? We wouldn't want to separate for too long.

4. Is there someone in the Caracas US Embassy that can help me? I'd rather talk personally or by phone with someone on this matters.

I'd appreciate your response, I can't find anywhere else to go and ask more information.

My sincere thanks for your time and consideration.

[Dani&Juli_VE 1]

I just sent the US Embassy in Caracas the same query two weeks ago. They definitely do NOT do DCF. You have to file via the USCIS directly.

Yes I am afraid DCF its not possible. Only a handful of countries currently offer that.

Are you requesting a CR1 visa for your spouse too?

How do you plan to pay the fees (considering venezuelan currency exchange control limitations)?

Edited September 29, 2013 by dobleclickve

[scubaliz0924 0]

Yes I am afraid DCF its not possible. Only a handful of countries currently offer that.

Are you requesting a CR1 visa for your spouse too?

How do you plan to pay the fees (considering venezuelan currency exchange control limitations)?

I am preparing to file the I-130 for my spouse and stepson, but we don't reside in Venezuela...we happen to live on one of the Caribbean islands that is covered by the Embassy in Caracas. We use the US dollar here, so not as difficult as it is for those residing in Venezuela.