spouse visas [merged threads]

[neal1 0]

I was temporarily living in germany for the past year. i married a german citizen while in germany..i came home to us to visit my sister about a month and a half ago . a month after i got here my german wife came to vist my sister also..we are both in the US and have decided to stay here and live with my sisterand file the cr1 so my wife can stay...if we do this can my wife stay here for the process beyond here 90 day passport time. she doesnt want to have to go back...what is my best course so she can continu to stay....also i will be getting a job about 15000 a year to start off, we have 15000 in a bank account and my sister makes 8500 a year who will be a member of our household but it is ssi disadbility,,,will they count my sisters income even tho its disability..please help ..thank you

[Georgia16 2,858]

No, she can not stay. She'll have to go home and wait it there and her medical and interview will be there too.

It takes about a year.

Edited February 15, 2016 by Georgia16

[neal1 0]

me and my german wife want to move to usa of which i am a citizen..my sister will be a member of our household can her ssi disability income be used to help us meet the income requirements for my wifes visa

[Kastrs 723]

I was temporarily living in germany for the past year. i married a german citizen while in germany..i came home to us to visit my sister about a month and a half ago . a month after i got here my german wife came to vist my sister also..we are both in the US and have decided to stay here and live with my sisterand file the cr1 so my wife can stay...if we do this can my wife stay here for the process beyond here 90 day passport time. she doesnt want to have to go back...what is my best course so she can continu to stay....also i will be getting a job about 15000 a year to start off, we have 15000 in a bank account and my sister makes 8500 a year who will be a member of our household but it is ssi disadbility,,,will they count my sisters income even tho its disability..please help ..thank you

Please read the guides on this site, using a computer, to get a good idea of the process

You can file to adjust your wife's status and she will not be required to return to Germany during the process, just note that she will not be able to leave the US after filing to adjust until she has her ead/ap combo card

[NigeriaorBust 4,088]

Currently the guidelines for a 2 person household is 19912 and a 3 person is 25112. These may change before you get approved ( the usually change in March ) For a 2 person your income is about 4912 short and you need 3 times that in savings so you are very close , for a 3 person household ( assuming you file for your sibling on your taxes you are still short but not as much .

[Penguin_ie 6,002]

Your sister can co-sponsor, yes.

You, as the petitioner, will always be the primary sponsor.

[neal1 0]

ok need specific answers..in a k3 visa app process..there is a member of a household,,,not a co sponser who has an income and i understand that household members income can be used ..is that correct...2nd question ..if that is correct and my sister is mine and my german spouses household member ,,,can her ssi disabilty be used as income for k3 income requirement ...id ssi disabilty from a household member able to be used fot the income requirement for me and my spouse

[Transborderwife 4,666]

No, she can not stay. She'll have to go home and wait it there and her medical and interview will be there too.

It takes about a year.

Wrong. She can stay and aos

[NikLR 13,234]

~~moved to AOS from work, student, and tourist visas from IR1/CR1 process and procedures~~

Did you intend to stay in the US?

You likely will be adjusting your wifes status not chasing an immigrant visa.

[Anh map 2,098]

The K3 uses the I-134 affidavit of support which does not allow combining of incomes with a household member.

The I-130 CR1/IR1 visa uses the I-864 affidavit of support which would allow a household member's income to be combined.

The household size goes up when using the I-864a to combine the incomes. So you need to calculate if the net increase is enough to satisfy the requirement.

Edited February 15, 2016 by Anh map

[neal1 0]

ok folks if there is someone out there that really know and would help then i would be gratefull..ok here is the question..p;ease be specific...i am married to a german citizen, im a us citizen , we are currently living in germany...can me and her go to the us and begin aos and green card and temp resident visa from the,,,she will be on a 90 day passport visit...ok now if we do begin the process there ,,will they make her leave after 90 days or will they let her complete the whole proceess there even if its not finished in 90 days or can she get an extenssion of some kind or put in some special mode after she applies so she can stay past 90 days to complete the whole process until sge gets her temp resident card and green card...we dont want her to have to go back..thats the main deal...also if we do it like that will the immigration authorities look at it as pre concieved intent and turn her down for the temp resident green card permits as i have read a few things about,,or some said they no longer do it..rally confused need some specific answers from someone who is sure they know ..thanks to all of you for the help

[Kastrs 723]

ok folks if there is someone out there that really know and would help then i would be gratefull..ok here is the question..p;ease be specific...i am married to a german citizen, im a us citizen , we are currently living in germany...can me and her go to the us and begin aos and green card and temp resident visa from the,,,she will be on a 90 day passport visit...ok now if we do begin the process there ,,will they make her leave after 90 days or will they let her complete the whole proceess there even if its not finished in 90 days or can she get an extenssion of some kind or put in some special mode after she applies so she can stay past 90 days to complete the whole process until sge gets her temp resident card and green card...we dont want her to have to go back..thats the main deal...also if we do it like that will the immigration authorities look at it as pre concieved intent and turn her down for the temp resident green card permits as i have read a few things about,,or some said they no longer do it..rally confused need some specific answers from someone who is sure they know ..thanks to all of you for the help

If you are both currently in Germany, living in Germany, then NO you and your wife cannot come to the US and then do AoS

[MacUK 983]

Interesting, in your other thread you are currently in Germany and you ask if it's ok for your wife to travel to the US in order to adjust status.

http://www.visajourney.com/forums/topic/585793-foreighn-spouse-in-us/#entry8011072

Edited February 15, 2016 by MacUK

[neal1 0]

to the one that answeres ...i am very confused but will try again..i am a us citizen officially temporary living in germany and married here in germany...what i want to know is this say..i go to the us ,,a month later my german wife comes to the us on her 90 day passport vistors visa...she wants to stay here permanatly.....so she begins the proces we file the i 130 petiton and for the aos..so she can permantly stay..and get her visas /green card etc...the main question i need a specific answer to is this ..if she comes under a 90 day visitors passport entry,,,then begins the process of staying in the united states ..will they make her leave after 90 days due to her passport or because she has filed the appropriate documents to stay to cr1 or whatever she needs will they let het stayed to finish the whole process ,,interview, medical appointment , etc if it is not completed in 90 days...give her and extension or place her in some kind og waiting mode , so she can continue to stay after here 90 days i believe they call it b2 visa has expired...main thing when she comes to the us we dont want here to have to leave again and do the whole immigration process there...thank all of you for your help

[Kastrs 723]

As I stated on your last post, if your German wife is currently in Germany, then the correct process is to file for the I130 petition, which will lead to a CR/IR1 visa, the process takes about a year. NO your wife will not be able to AoS in the US in this case.