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mikeco

CR-1 Visa Income eligibility

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Hello everyone,

Hope I can get some help with our current situation:

- my girlfriend and I are both living abroad. I am a french citizen and she is an american citizen

- we are planning to get married in the US in the near future (I will be visiting on a visa waiver and leave the US after the marriage)

- we will then apply for a CR-1 visa

Here comes the problem: my girlfriend's last 3 tax returns are as follow:

1) 2012: worked in the US with US taxes paid

2) 2013: unemployed

3) 2014: worked abroad (no taxes paid in the US)

So my question is the following: if she files taxes for 2014 with income abroad under the minimum to be taxed in the US, can she still sponsor my visa?

Will we need a co-sponsor?

Thanks a lot in advance for your help and answers.

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To get the semantics out of the way first, joint sponsor is the proper term when an I-864 is being referenced.

The simple answer to your question is a joint sponsor will likely be necessary.

The more complex answer is this: If the source of income from abroad will continue in the US and it is enough to meet the poverty guidelines, the source of income plus assets is enough, or she has sufficient assets that meet the guidelines, then a joint sponsor may not be necessary.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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