Getting an IR-1 started, couple questions

[Illusion1 0]

My wife and I have been married for 6 years now, our original plan was to stay in Brazil but things are deteriorating fast here so we decided to finally go back to the US and stay there. My wife (the american) is going back to the US in February to get things started.

Throughout these 6 years, my wife did not have any income either here or in the US. Is there anything special that she gotta do regarding that? She has plenty of ties to the US that are still standing (Home address, monthly transactions being done in her US bank account, Up to date driver's license & car plate). She already has a decent job opportunity waiting for her in the US, its not great but it's above the poverty level. Will that be enough, since it wont be a long enough history to show in the income tax of this year?
She also has a car, and cash in her savings account that she can show as assets (although not much). We have property here that I'm going to sell, which would be plenty for me to sponsor myself, but that might take time and we don't wanna bet on that. Getting a co-sponsor is not an option in our case, as her parents can't do it and none of our friends in the US can/want to do it either.

Also, since we have been married for so long, is there any chance that this process will be more speedy and get done before the end of the year?

Thanks a lot in advance!

[JFH 12,189]

I can't help with much except to say that sadly it will not be any quicker for you as Brazil no longer accepts petitions at the consulate for US citizens living there. Your paperwork will have to be mailed to Chicago and join the main queue there.

Welcome to the forum. We are also just starting out with the process.

[Darnell 8,478]

when filing the I-130, no.

when chasing the immigrant visa application, the I-864 form ; she'll need a joint sponsor or co-sponsor. The affadavit of support will be checked for completeness at NVC, then adjudicated on interview day at the IV Unit. Even she has 0 income, she's the PRIMARY sponsor, a joint sponsor will be useful for the two of you.

i would say use the property since you don't want to chase a co-sponsor. you have a year to sell it, after interview date. it may be a hassle during adjudication, depending on whose name is on the deed.

---

i'm gonna redo this

[Darnell 8,478]

My wife and I have been married for 6 years now, our original plan was to stay in Brazil but things are deteriorating fast here so we decided to finally go back to the US and stay there. My wife (the american) is going back to the US in February to get things started.

Throughout these 6 years, my wife did not have any income either here or in the US.

1. Is there anything special that she gotta do regarding that?

2. She has plenty of ties to the US that are still standing (Home address, monthly transactions being done in her US bank account, Up to date driver's license & car plate).

3. She already has a decent job opportunity waiting for her in the US, its not great but it's above the poverty level.

4. Will that be enough, since it wont be a long enough history to show in the income tax of this year?

5. She also has a car, and cash in her savings account that she can show as assets (although not much).

6. We have property here that I'm going to sell, which would be plenty for me to sponsor myself, but that might take time and we don't wanna bet on that. Getting a co-sponsor is not an option in our case, as her parents can't do it and none of our friends in the US can/want to do it either.

7. Also, since we have been married for so long, is there any chance that this process will be more speedy and get done before the end of the year?

Thanks a lot in advance!

1. Well, for the I-130, to file and get it approved, no. For the I-864, yup. read on.

2. Domicile in USA is one part of the I-864. There are 2 paths to prove up, must pick one:

__a. Proof of domicile or

__b. Proof to re-establish domicile

3. Hey - it qualifies for current income on the I-864, but not any prior year income.

4. there are 2 parts on the I-864 for income - prior year from tax data and current year. Current year is a projection. prior year is hard facts. Assume she fails on prior year(s ) , you guys want to go the assets route instead.

5. primary car not allowed in assets computation. cash in savings is example of a computable asset, so that's good.

6. You'll need to show, with the I-864:

__a. appraised value report from a licensed appraiser, all translated into English and

__b. Deed in both names or her name, translated into English

7. No.

Study the assets computation formula in the I-864 instructions - there's MATH in there that's useful. for 2 people, usually 1 beneficiary, that's 60,000 usd in cash or liquid assets. Remember, final adjudication is done on interview day, including any and all data needed for the I-864 - you can add in stuff on interview day as well ..

Edited January 6, 2016 by Darnell

[Illusion1 0]

when filing the I-130, no.

when chasing the immigrant visa application, the I-864 form ; she'll need a joint sponsor or co-sponsor. The affadavit of support will be checked for completeness at NVC, then adjudicated on interview day at the IV Unit. Even she has 0 income, she's the PRIMARY sponsor, a joint sponsor will be useful for the two of you.

i would say use the property since you don't want to chase a co-sponsor. you have a year to sell it, after interview date. it may be a hassle during adjudication, depending on whose name is on the deed.

---

i'm gonna redo this

We can -try- to get a co-sponsor, its a long way until then, we just do not see it happening. The property belongs to me and my father, we're currently trying to sell it and i'll have my share (about 45-55k in dollars) which should be enough. So by the time the affidavit is sent to the NVC, that has to be decided already right? Or during the interview. I didn't understand that part.

Edited January 6, 2016 by Illusion1

[Darnell 8,478]

the sale does not have to occur prior to the interview,

but the sale has to occur within 1 year of the interview date and

reread your topic, i've a new post in there, hopefully it explains more and raises new questions for you to ponder.

[Illusion1 0]

1. Well, for the I-130, to file and get it approved, no. For the I-864, yup. read on.

2. Domicile in USA is one part of the I-864. There are 2 paths to prove up, must pick one:

__a. Proof of domicile or

__b. Proof to re-establish domicile

3. Hey - it qualifies for current income on the I-864, but not any prior year income.

4. there are 2 parts on the I-864 for income - prior year from tax data and current year. Current year is a projection. prior year is hard facts. Assume she fails on prior year(s ) , you guys want to go the assets route instead.

5. primary car not allowed in assets computation. cash in savings is example of a computable asset, so that's good.

6. You'll need to show, with the I-864:

__a. appraised value report from a licensed appraiser, all translated into English and

__b. Deed in both names or her name, translated into English

7. No.

Study the assets computation formula in the I-864 instructions - there's MATH in there that's useful. for 2 people, usually 1 beneficiary, that's 60,000 usd in cash or liquid assets. Remember, final adjudication is done on interview day, including any and all data needed for the I-864 - you can add in stuff on interview day as well ..

Regarding the property, nothing is in her name. Whenever I get the cash we will just send it to her account to add up to what we already have in the US, or show what I have here in brazil on interview day, whatever seems to work.

[Darnell 8,478]

ok - one point to consider.

for the petitioner, the primary sponsor, the assets rule is at 1/3rd - ie - cash assets must be at 300 percent of the 125 percent poverty line mark.

for assets from the beneficiary, the assets rule is at 1/5, ie - cash assets must be at 500 percent of the 125 percent poverty line mark.

you've got some things to suss out on the calendar, for certain, as is heap big difference between showing the appraisal and deed (without her name anywhere) on interview day versus showing the cash in a bank in her name on interview day.

[Illusion1 0]

ok - one point to consider.

for the petitioner, the primary sponsor, the assets rule is at 1/3rd - ie - cash assets must be at 300 percent of the 125 percent poverty line mark.

for assets from the beneficiary, the assets rule is at 1/5, ie - cash assets must be at 500 percent of the 125 percent poverty line mark.

you've got some things to suss out on the calendar, for certain, as is heap big difference between showing the appraisal and deed (without her name anywhere) on interview day versus showing the cash in a bank in her name on interview day.

I see. My father in law could do it, he meets all the requirements just fine, although using him for such things would be a worse scenario thing due to personal issues. If she had a decent job (although just for a couple months) plus a co-sponsor plus the assets, would that be solid enough?

[Darnell 8,478]

venn diagram time !

one circle: current income, assets

other circle: current income, co-sponsor

don't cross em up !

[Groogrux108 14]

So basically, we have very similar journey's ahead of us... I'm American who was born and raised in Brazil and have basically lived here until today... we are currently selling my brazilian's wife apartment to have funds for me to maybe be able to sponsor her... though we will also have a co-sponsor.

Here's a quick simulation of what it looks like for you guys to apply without petitioner income or co-sponsor.

Assuming the 125%xpoverty-line is U$20.000,00, and the dollar is around R$4,00 (this sucks btw) you would need to deposit in her account a total of 3x 125%xpoverty-line, which is U$60.000,00(dollars) or R$240.000,00 (reais)....

If you don't want to bring a ton of reais over to the US at such a high rate, you can leave it her Brazilian account but it will have to be 5x poverty line which is U$100.000,00(dollars) or R$400.000,00 (reais).

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

[RDJ2PITT 0]

Similar issue here.I (usc) do not have the required income for past years. Rejoining workforce now and applying for CR1 in a few months (after we are married) Although I have not lived in Brazil.We are hoping to combine his real estate(unsold) assets/cash assets in rio with my projected income to appease the requirement without a co-sponsor.

Today we wrote to the Rio consulate to see what their feelings are towards assets/what they prefer. We should hear back early next week and I will update when they do. Seems to me in your situation selling your property and depositing the money in her account would be preferable because of the 3x(US) vs. 5x(foreign) requirement but considering Brazilian taxation on exporting money I really could not say. Good luck to us all.

[Illusion1 0]

My wife and I are almost certain that we'll have to have my father in law be the co-sponsor. He is retired but he meets the guidelines, although with not much lax. That being said, he just got retired from working at the same place for 35 years getting 21$ /h, so his tax returns for the past years are pretty solid. The cars that my wife's brother and mom use (and his own car) are all in his name only, so technically he owns 3 cars, could he files 2 of these cars as assets then? would that be good enough?

Edited January 8, 2016 by Illusion1

[RDJ2PITT 0]

Below is the reply we got today (super fast!) Now,it is My understanding that assets can be used to make up the difference? So if the income requirement is 30k (random numbers) and I make 20K then the foreign assets would need to be 5x the lacking amount in this example would equal 50k. That is correct info right?

Caro (a) requerente,

Ela poderá usar renda no Brasil mas o valor é 5 vezes maior que o informado no " poverty guide line".

Atenciosamente,
Best regards,

Immigrant Visa Unit
United States Consulate General
Rio de Janeiro - RJ –Brazil

[RDJ2PITT 0]

This is the first mention I have seen that the property must be sold, I assumed that having the ABILITY to liquify the asset within a year was enough?

Can you confirm that the property must be sold in this scenario? My partner wants to keep his assets in Brazil intact unless absolutely necessary so if this is correct we may have to go sponsor route

Thanks!

the sale does not have to occur prior to the interview,

but the sale has to occur within 1 year of the interview date and

reread your topic, i've a new post in there, hopefully it explains more and raises new questions for you to ponder.

Edited January 8, 2016 by RDJ2PITT