Going to the US while waiting on Green Card? - Complicated situation.

[Lenchick 133]

Just now, LeonieJensen said:

OOOOOHHHHHH. THAT makes a LOT of sense. Because I distinctly remember my husband asking if he could file in person with the consulate.

But is it still DCF if it's not in person? I thought that was the whole point of DCF...

yes, it is still DCF. When people don't really know exactly what information they have, there can be confusion when you don't know exactly if you meet all the requirements. You might be turned away because you just don't give the right information or you don't know what they ask you. If your husband has a German residence permit or German residence visa whatever you call it. He can get this process going through Frankfurt. It is usually very fast. You don't really need to go there in person. It is the same and won't speed it up anyway.

[Lenchick 133]

14 minutes ago, LeonieJensen said:

OOOOOHHHHHH. THAT makes a LOT of sense. Because I distinctly remember my husband asking if he could file in person with the consulate.

But is it still DCF if it's not in person? I thought that was the whole point of DCF...

Follow all the instructions at the website I gave you. It is pretty detailed. First you need to send i-130. Your husband may want to think how to prove his domicile in the states. The US bank accounts, property, cars and filing taxes to the states are very good proofs. So if he didn't file taxes previous years. He can still file for 2016 in Jan when they start the filing season. He can report his worldwide income to IRS. You don't need this right now but you will need it when you come to the next step after your petition i-130 is approved.

Edited January 21, 2017 by Lenchick

[LeonieJensen 0]

Thanks for all your help, seems we've figured this out so far.

 

However, we're running into another problem now. We need to file the I-864, the affidavit of support. Since my husband lives in Germany, he can't work in America and thus, we need a joint sponsor (As I mentioned before, my husband leaving for America without me isn't an option due to my mental state)

We asked his dad, who, however, is very vary about signing the form due to all the responsibilites that come with it. 

We're wondering if it's possible to change the sponsor later down the road? Say, his dad signs the form now, making him our sponsor. But as soon as my husband finds a job in the US (he has pretty good qulaifications so it probably won't take long) could we talk to the USCIS and change my sponsor from my husband's dad to my husband?

[Hypnos 6,576]

No. 

 

Your husband will always be the primary sponsor regardless of his income, but if his income is insufficient then a joint sponsor is required.

[caliliving 606]

Your husband is going to be a legal permanat resident of the USA

calm down. 

The reason they ask for gainful employement is for the USC. they want to make sure the USC is LIVING in america (or else, what is the point of giving the foreigner a green card?) 

 

lots of couples have been separarted to overcome this obstacle.  

It sounds like you are married.. apply for the CR1. 

then wait... this is normal. 

[caliliving 606]

5 hours ago, LeonieJensen said:

Thanks for all your help, seems we've figured this out so far.

 

However, we're running into another problem now. We need to file the I-864, the affidavit of support. Since my husband lives in Germany, he can't work in America and thus, we need a joint sponsor (As I mentioned before, my husband leaving for America without me isn't an option due to my mental state)

We asked his dad, who, however, is very vary about signing the form due to all the responsibilites that come with it. 

We're wondering if it's possible to change the sponsor later down the road? Say, his dad signs the form now, making him our sponsor. But as soon as my husband finds a job in the US (he has pretty good qulaifications so it probably won't take long) could we talk to the USCIS and change my sponsor from my husband's dad to my husband?

no, you cant change it! but i would never ask my husbands family for money lol! i make decent money.. its . not like ur dad needs to support with a certain amount each month.. if ur husband works and gets a decent job maybe explain to your father how this works.

the sponsorship level is only 25k. could you really live 25k a year? if you get welfare then u have to pay your dad.. do u really think ur husband would do that? even if he makes 12/hour he is above the 25k/year. 

 

You can not change it to your husband until you have so many working credits (10yrs).. so that wont happen. I make 80k and i need a US sponsor! LOL! 

explain to your parents you are moving back and they dont include income abroad and they dont include income your spouse makes! tell them you need there support and if not, you cant file and help your husband get his work permit 

 

 

Edited January 21, 2017 by caliliving

[Tanish 197]

8 hours ago, LeonieJensen said:

Thanks for all your help, seems we've figured this out so far.

 

However, we're running into another problem now. We need to file the I-864, the affidavit of support. Since my husband lives in Germany, he can't work in America and thus, we need a joint sponsor (As I mentioned before, my husband leaving for America without me isn't an option due to my mental state)

We asked his dad, who, however, is very vary about signing the form due to all the responsibilites that come with it. 

We're wondering if it's possible to change the sponsor later down the road? Say, his dad signs the form now, making him our sponsor. But as soon as my husband finds a job in the US (he has pretty good qulaifications so it probably won't take long) could we talk to the USCIS and change my sponsor from my husband's dad to my husband?

Your husband will always be your primary sponsor. They only ask for joint sponsor, if his current income is insufficient as per the guidelines for AOS.

And the liability for signing as joint sponsor only binds your (father-in-law) if you become a public burden ( i.e. you receive public benefits). If your husband and yourself find good jobs, and you don't file for any public benefits, this won't be an issue.

Now it should be your husband's job to convince your Father-in-law that he can take care of both of you once you're there. You can also ask his uncle you mentioned who also lives in US. You can have essentially anyone as a joint sponsor. Doesn't need to be a relative. ( I'm sure you must know that, but just throwing it out there)

 

Good luck.

[EG3R 3]

My husband and I applied while we were both living outside the US. These issues weren't very serious for us.

 

First, they seemed to be hurrying the process for couples living outside the country. Our I-130 was processed in a month, and the whole things would have taken less than six months if not for some mistakes we made.

 

Second, proving domicile wasn't a big deal. How long has he been living in Germany? I still had US bank accounts and US student loan payments. I also sent a print out of an email saying that I would be attending grad school in the US in the Fall. Of course we didn't yet know where we would be living in the US, so I used my parents address. It wasn't an issue at all.

 

If you are still concerned about proving domicile, I would recommend having him return to the US to visit. He could set up bank accounts and make sure he is registered to vote. Make sure to use a US address (possibly his parents address?) for this.

 

Finally, a job is not a requirement for sponsoring a spouse. If you have a joint sponsor, you're all set. 

[LeonieJensen 0]

7 hours ago, EG3R said:

Finally, a job is not a requirement for sponsoring a spouse. If you have a joint sponsor, you're all set. 

Proving domicile is easy. We'll use his tax returns and his bank account.

 

However, finding a joint sponsor is our issue now. His dad is scared of the huge stack of paper, and most of his friends don't make enough money to be a joint sponsor.