Help needed: I-864 Affidavit of Support Issues

[anamaral 4]

Hello everyone!

I am Brazilian (beneficiary), I've been married to my American husband for almost 2 years now. We live in Brazil, but we decided to move to the US because of better job opportunities for him. For the beggining, our plans would be to live with his parents while he finds a job (he has a PhD in Chemistry, but is almost impossible to find any positions in the US while living in Brazil). Our intial plans are to live with his parents until he find a position. However, while searching about the documents needed to start the (long) process, we found that he needs to have a job already to fill the I-134.

Is that correct?

Can't his parents be co-sponsors, or something like that? (they make enough money to support all of us, and we have some money saved to support ourselves while he gets a job, he will work until the end of April in Brazil)

For what I understood, he will have to move to the US, find a job and then we can start the process? I worried about how long we will be apart (again, because when we met he lived in London and I lived in Brazil!)

Can somebody please help with some information?

I am a medical doctor, so I will still have a long way until find a job in the US. I only have a B1/B2 visa at the moment.

Thank you all very very much!

[Darnell 8,478]

sorry, shift to I-864, and learn about joint-sponsers, co-sponsers,

unless, somehow, you are actually interviewing for a K-3 visa (which needs the I-134 on interview day)

re: start the process - eh - no - can file the I-130 now, knowing it will be 5 to 11 months before approval, knowing it will be yet another 45 days after I-130 approval until NVC starts it's doc intake, then you two have another 2 years to get all Visa Application docs/fees into NVC. He doesn't need a job, today, to file the I-130. His income, job stuff, even joint-sponser stuff is reviewed at NVC for completeness and thresh-holds, then carefully adjudicated at the IV Unit in Brasil on your visa interview day.

So, you two have some time. He doesn't have to move or work in USA anytime soon.

Now, with all of that said, study the usa domicile requirements in the I-864 instructions, and understand that you must be able to prove-up steps taken to re-establish USA domicile by Visa Interview Day - a date in the Calendar, far far away, and the last bit. Don't shove 'the last bit' into 'the first bit'.

Go Get Em, and Good Luck !

[anamaral 4]

Thank you, thank you very much!!

Thank you for the quick response, it was very helpful!!

So we shouldn't worry that much right now, just start and see how things go.

Yes, I-864, sorry, We are starting this and OMG so many codes, numbers… but We'll get there.

2 years? Oh my, ok let's do it!

Thanks again!

I cant change the name of the ost, so I'll have to do it again, I guess

Thank you for the correction!

[anamaral 4]

Dear Darnell,

So I can fill the I-130, it does not need the I-184 as support? I dont have to send the I-184 with all the documents when a I send the I-130?

Thank you

[Darnell 8,478]

correct. you on a pc? click the word 'guides' up at the top, review GUIDE1 - it's the steps to file the I-130 .

[anamaral 4]

Thank you very much!

[Darnell 8,478]

I cant change the name of the ost, so I'll have to do it again, I guess

Thank you for the correction!

i'll ask a mod to change the title, via the report button.

[Penguin_ie 5,984]

**** title edited ****

Darnell is correct (he usually is...), the I-864 comes several moths later.

[anamaral 4]

Thank you all very much for your help! Its greately appreciated!

I am now considering if it wouldn't be faster to apply for a K-3 visa, so that I can stay in the US with him...

Do you have any opinion about it?

Thank you again!

[Darnell 8,478]

oh man - K-3 is a waste of time and energy.

Let's see - file the I-130 - get a receipt notice and a place in queue.

Copy the I-130 receipt notice, file the I-129F - the I-130 is yanked out of it's place in queue and put at the end with the I-129F.

Then you wait.

Then both petitions are adjudicated together at USCIS.

Then they are approved, together, and move into NVC together.

NVC sees the approved I-130, and administratively closes the I-129F, as the basis to chase a K-3 visa, an unapproved I-130 petition, doesn't exist anymore.

I say don't pursue the K-3, it really is a waste of time and will slow down the petition adjudication process by 1 to 4 months, all to have the I-129F administratively closed.

Look, you guys can handle the time and timing on this - remember that you can slow down at NVC, giving him time to pursue a job in the USA. Or just go fast at NVC, and ask his parents to be the co-sponsers/joint sponsers on the affadavit of support.

Remember, there are 2 paths to USA domicile prove-up - restudy what I wrote - even the wording between the two seems miniscule, it's a huge chasm of difference. My option 2 * doesn't need him to chase a job, if'n he has a co-sponser for the I-864.

I've had a running dialog, fwiw, with folk chasing K-3 visas, in the two K-3 visa sub-forums here, for about 4 years now. Check it out when you have time, aye?

USCIS says it's chaseable, NVC shuts it down, and mostly, they simply aren't obtainable. Sure - there's been exceptions when USCIS did not join up the casefiles due to the DACA adjudication debacle, or if there's an RFE on the I-130 - but mostly, you can't get there from here.

-----

* - sorry, I not clearly list the two paths on domicile - it's (choose 1)

1. prove up USA existing domicile or

2.. prove up steps taken to re-establish USA domicile. You two will (I think) be taking option 2, as it's just easier and does not require his presence IN THE USA (prior to interview day) if he has a joint-sponser on the I-864.

Edited March 13, 2015 by Darnell

[anamaral 4]

Wow I didn't know that, thank you for the advice! We thought it would be faster : / We will think more carefully then

But do they actually accept the I-184 without a job yet? Only the co-sponsors?

I will ertainly take a look on your K-3 post!

Thank you!!

Edited March 13, 2015 by anamaral

[anamaral 4]

Well actually, our plan was that we would start the process with the I 130 soon (as soon as we fill everything and so), he would go to the USA in the end of May (he finishes his course here, in Brazil, in the end of April) and stay with his parents while applying for jobs and when I finally get approved I could join him. But we expected it to be no longer than the end of 2015 so I could move to the US… apparently that wont be true..

[OLee 64]

re: start the process - eh - no - can file the I-130 now, knowing it will be 5 to 11 months before approval, knowing it will be yet another 45 days after I-130 approval until NVC starts it's doc intake, then you two have another 2 years to get all Visa ...

...

Go Get Em, and Good Luck !

Darnell, if they file I-130 while they are together abroad, they can go through USCIS very quickly. It won't take them 2 years. It works for many of the couples

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[anamaral 4]

Seriously OLee?? yeyyyy

I don't mind if the green card takes longer, I want to be able to go to the US with my husband

Should we do something different about the I-130 filling to go faster? We plan to send directly to the office in Chicago, lockbox, is that ok? What do you mean by "while they are together abroad", should we send somewhere else, or fill somthing diferent?

Thank you everyone!

[NikLR 13,220]

~~removed duplicate topic~~

Generally speaking if both of you live abroad together there is an unofficial auto expedite that happens. It makes the I-130 be approved in about 2 months vs 6. You still have to do the NVC process which takes about 6 months currently, but then you enter with a green card and save the $1070 of adjustment of status fees with the K3.

Wow I didn't know that, thank you for the advice! We thought it would be faster : / We will think more carefully then

But do they actually accept the I-184 without a job yet? Only the co-sponsors?

I will ertainly take a look on your K-3 post!

Thank you!!

Yes they accept a JOINT sponsor with the I-864. The petitioner is always the primary sponsor, but you can have someone else sponsor the beneficiary as well.