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Affidavit of support based on immigrants income

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I'm a German scientist married to a US citizen. I'm currently doing my PhD. My wife was born in the US, but has no ties to it and hasn't lived there for more than a year. I'll be done next year and we'd like to move to the US permanently. In order to sponsor me, she needs to be a resident and have an income equivalent to at least 125% of the poverty level. The difference in lacking income can be made up for with three times the money left in assets. She's neither resident nor does she have an income. She takes care of our child. I have read that assets as well as income can be provided by the immigrant (me) as well. The income would have to be proven to be still flowing when I'm in the US though.

I may have the option to do a postdoc in the US after I'm finished with my PhD. The median income for postdocs in the US is $40k. The poverty level for a three person household is $25k.

Is the following scenario feasible? Do you see any pitfalls or problems with this?

I get a postdoc position in the US. The university gets me a work visa for that. They do that all the time. I move there with my family. My wife will be resident, I will have an income. As soon as I'm there, I'll apply for a greencard through my wife and use my income as a postdoc for the affidavit of support. My daughter gets her citizenship, I get my green card and we live happily ever after.

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Domicile, but otherwise all looks good.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks. What do you mean by domicile? If we move there, my wife will have her domicile in the US.

One other thing I wasn't 100% sure about: If my income is counted rather than my wife's, I only have to be above the 125% poverty line, right?

Do you have any idea how long that process would take? Is there a requirement for me to have been employed there for a certain amount of time first?

Edited by vcomp

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The only issue I might see - but I might be wrong is receiving the workpermit, since you are already married to a US citizen. Thats something I would investigate if it might be an issue. Cause when I applied for my L1 visa I hate to say I no intend on staying permantly - but we were not married yet. But I'm not sure at all so maybe somebody else can comment on that.

03/18/15: Send application

03/22/15: Application received

03/25/15: NOA 1 emails/texts

04/13/15: biomnetrics appointment letter

04/16/15: successful biometrics appointment

06/10/15: Received email - EAD picked up by post office!

06/11/15: Received EAD

06/18/15: Received interview notice in the mail for July 20th 2015 (was send on 06/12/15)


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