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Mrwho84

Need advices to file I-130 petition and I-864

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Hi
My wife and I are planning to immigrate to the united states, my wife is an American/Egyptian citizen, she will file the I-130 petitions for me and for our 2 children (not US citizens), we are now living in Japan, and will will move back to  Egypt by March 2020.
My wife left the united states while she was 8 months old, and never returned back, but she has a valid US passport.
she doesn’t have a domicile in the US, and she doesn’t have a social security number as well (she has just applied for an original SSN at the US embassy in Tokyo last April, they told us it will take 6 months or more to get it).
while we were reviewing the requirements to file the I-130 petition, we found out that she has also to file the I-864 affidavit of support.

My questions are:
1- Is my wife eligible to file I-864 affidavit of support? she has never worked or lived in the US (Except for her first 8 months after birth), she has never filed US tax returns (as she only worked for a few months in Egypt, then we moved to Japan accompanying me).
2- Can we file another I-864 affidavit of support as a joint sponsor (a friend who lives in the united states), as my wife doesn’t meet the minimum financial requirement as a sponsor? she only have a certificate of deposit gifted by her father ($50K).
3- can we file the I-130 application before her SSN is issued?

4- How can she proof US domicile in this case?
 

 I appreciate your help

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First she needs to get a SSN and file her tax returns.  Then file the I-130s for you and the children.

 

SHe will need a joint sponsor for the I-864s which will came into play about a year after filing the petitions.

 

She will then need to figure out about re establishing domicile prior to the interview.

 

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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@Paul & Mary Thank you very much for your response.

Do you have any advice for how to prove that we want to reestablish domicile in the US? I (the beneficiary) am searching a job in the US, but this might take some time, and in the same time, i want to get the green card before obtaining the Job, to avoid the of H-1B visa problems, and also finding a job while having a green card is much easier, as many employers will prefer to hire individuals already having work authorization in the US.

As i mentioned in my original post, that my wife has already applied for a SSN which is considered as a proof of reestablishing domicile in the US, but maybe not enough to convince the CO to approve the I-864.

I appreciate your support

 Thank you very much

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I suggest you review the guides on this site.   They contain a lot of answers on the procedure.  https://www.visajourney.com/cr1-ir1-spousal-visa/

 

5 hours ago, Mrwho84 said:

Do you have any advice for how to prove that we want to reestablish domicile in the US? I (the beneficiary) am searching a job in the US, but this might take some time, and in the same time, i want to get the green card before obtaining the Job, to avoid the of H-1B visa problems, and also finding a job while having a green card is much easier, as many employers will prefer to hire individuals already having work authorization in the US.

You won't be getting a H1B visa.  You will get a green card on arrival.  

 

5 hours ago, Mrwho84 said:

As i mentioned in my original post, that my wife has already applied for a SSN which is considered as a proof of reestablishing domicile in the US, 

She needs to get the SSN and file at least the 3 years of tax returns.   She most like won't owe any taxes as she probably didn't make $100,000 a year.  This should be done prior to filing the I-130s.  Just paying taxes and having a ssn does not prove domicile.

 

5 hours ago, Mrwho84 said:

CO to approve the I-864

The NVC approves the I-864 later in the process.   Having 50K in the back isn't going to come close to meeting 125% of the poverty guidelines in I-864P.  https://www.uscis.gov/i-864p

You will need a joint sponsor.

 

5 hours ago, Mrwho84 said:

Do you have any advice for how to prove that we want to reestablish domicile in the US?

Short of her moving to the US and getting a job, renting a house, paying utilities and such, it is pretty hard to establish intent for someone who has never lived in the US.

 

You do realize that most male beneficiaries from Egypt are subject to Administrative Processing that can last a year or more?  Added to the facts she doesn't have a SSN, hasn't filed taxes, doesn't have domicile and will need a joint sponsor this is going to be a long process to complete.

 

If you are working for a company that has a US office having them move you on a L Visa might work better.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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On 6/25/2019 at 12:08 AM, Paul & Mary said:

 

@Paul & Mary

The NVC approves the I-864 later in the process.   Having 50K in the back isn't going to come close to meeting 125% of the poverty guidelines in I-864P.  https://www.uscis.gov/i-864p

You will need a joint sponsor.

Thank you very much for the detailed reply

I have checked the provided link, it states that the 125% poverty guideline is for a household of 4 persons is $32.182 , am I correct? so in this case will the 50K be enough? 

TIA

On 6/25/2019 at 12:08 AM, Paul & Mary said:

 

 

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