Using Household Member's Income?

[HRQX 4,145]

6 minutes ago, frodolives said:

Myself or my future spouse?

Future spouse.

 

Where is your future spouse from? Are you going to marry in your future spouse's country?

[frodolives 7]

7 minutes ago, HRQX said:

Future spouse.

 

Where is your future spouse from? Are you going to marry in your future spouse's country?

We are discussing marriage in the not so distant future. Our plans were messed up due to COVID (as I am sure many others have experienced as well). We will marry in his country and I will return home to get the process going.

[HRQX 4,145]

31 minutes ago, frodolives said:

We will marry in his country and I will return home to get the process going.

After marriage, you can file as soon as you want. I-130 has an online filing option: https://www.uscis.gov/i-130

 

DS-5540 is filled out by him later in the process: "You may be asked to present a completed DS-5540, Public Charge Questionnaire, and supporting evidence at the time of your interview." https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview.html

[SalishSea 16,746]

1 hour ago, HRQX said:

I-944 is for Adjustment of Status (I-485). OP should instead look at the Public Charge Questionnaire (DS-5540) https://eforms.state.gov/Forms/ds5540.PDF

DS-5540 is filled out by the visa applicant.

So I-944 is not used at any point during the CR-1 visa process?

[SalishSea 16,746]

40 minutes ago, frodolives said:

We will marry in his country

His country is a piece of information that is salient to the advice you're getting here.  

[HRQX 4,145]

39 minutes ago, Jorgedig said:

So I-944 is not used at any point during the CR-1 visa process?

DOS felt the need to develop and use their own form: "some aspects of the rule may deviate from the DHS approach due to the differing circumstances of visa applicants, who reside outside the United States and typically have not spent substantial time in the United States, as contrasted with applicants for USCIS-administered benefits, which applicants commonly are in the United States and have spent substantial time there." https://www.federalregister.gov/documents/2019/10/11/2019-22399/visas-ineligibility-based-on-public-charge-grounds As an example, DS-5540 doesn't ask for US credit report or score from visa applicant. But both forms have similar section headings:

1. Information About You
2. Health Insurance
3. Your Household Size
4. Your Assets, Resources, and Financial Status
5. Your Education and Skills

38 minutes ago, Jorgedig said:

His country is a piece of information that is salient to the advice you're getting here.  

Yup, as there are various country-specific proclamations and/or sanctions:

• Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Syria, Yemen https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html
• Laos: https://la.usembassy.gov/wp-content/uploads/sites/85/IV-website-text-English-lao-VS3.pdf

Edited July 12, 2020 by HRQX

[geowrian 22,335]

5 hours ago, frodolives said:

What else might they look at other than income? What can I do to strengthen my own case to qualify based on my own merits?

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

[frodolives 7]

8 minutes ago, geowrian said:

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

I was reading through this and got a little concerned. I have previously received SNAP benefits when I was unemployed and caring for a sick family member. This mentioned something about cash benefits being an issue. SNAP doesn’t qualify under cash benefits, but I’m concerned that having previously needed it will hurt my case in the future?

[pushbrk 12,092]

7 hours ago, frodolives said:

Well, I rent an apartment from my family (we have a two family home), and I do have a bit of a savings that I'm building on. I plan on buying a car in the not so distant future (hopefully by the end of the year), and as far as health insurance, I am still trying to work that out. We haven't married yet, but we plan to and I am trying to gather all the information I can so that I am well informed when the time comes. 

If you haven't married yet, then your affidavit of support is at least a year from now.  If you have a good job making well more than the minimum requirement, no worries.  You're putting the cart before the horse.

[Crazy Cat 39,183]

8 hours ago, Jorgedig said:

So I-944 is not used at any point during the CR-1 visa process?

Not for CR-1.  Only for Adjustment of Status.

Edited July 12, 2020 by Lucky Cat

[JFH 12,189]

If money is an issue and you are borderline on the poverty guidelines, then you are doing the right thing by marrying first and then having your husband immigrate with a spousal visa. He will be eligible to work right away. Use this time between now and the visa being approved (at least a year after you get married) for him to hone his skills, take English classes if he is not a native speaker, take classes for certifications that would benefit him in the labor market. I had a job ready and waiting for me when I arrived with my spousal visa. The immigrant’s employment prospects are also considered when looking at the totality of circumstances. 

 

I am constantly baffled by the number of K-1 petitioners who are barely above the poverty line and stressing about getting approved at the interview with such a borderline I-134 when the real issue is the cost of AOS and, even more importantly, the cost of housing, feeding, clothing and providing healthcare for another adult who cannot work for many months in a country with such a high cost of living. If you are barely scraping through the requirements at interview, you’re going to have a miserable time during your first 6 or so months in your new country. The interview is the least of their worries. 

 

[frodolives 7]

11 hours ago, pushbrk said:

If you haven't married yet, then your affidavit of support is at least a year from now.  If you have a good job making well more than the minimum requirement, no worries.  You're putting the cart before the horse.

Thank you! I’m looking for a job with better pay currently, but since we won’t be married for a little while and it takes at least a year for the affidavit of support after marriage, I am definitely encouraged that I’ll have some time to find new work and gather the evidence I need. Thank you so much for the help!

[frodolives 7]

2 hours ago, JFH said:

If money is an issue and you are borderline on the poverty guidelines, then you are doing the right thing by marrying first and then having your husband immigrate with a spousal visa. He will be eligible to work right away. Use this time between now and the visa being approved (at least a year after you get married) for him to hone his skills, take English classes if he is not a native speaker, take classes for certifications that would benefit him in the labor market. I had a job ready and waiting for me when I arrived with my spousal visa. The immigrant’s employment prospects are also considered when looking at the totality of circumstances. 

 

I am constantly baffled by the number of K-1 petitioners who are barely above the poverty line and stressing about getting approved at the interview with such a borderline I-134 when the real issue is the cost of AOS and, even more importantly, the cost of housing, feeding, clothing and providing healthcare for another adult who cannot work for many months in a country with such a high cost of living. If you are barely scraping through the requirements at interview, you’re going to have a miserable time during your first 6 or so months in your new country. The interview is the least of their worries. 

 

It’s good to hear that we are making the right decision with the spousal visa. Do I submit the affidavit of support before or after he comes here? Because you stated that his employment prospects here will be factored in as well? He’s going to be a physician, so I’m sure that’ll be in our favor. Thanks for responding!

[JFH 12,189]

38 minutes ago, frodolives said:

It’s good to hear that we are making the right decision with the spousal visa. Do I submit the affidavit of support before or after he comes here? Because you stated that his employment prospects here will be factored in as well? He’s going to be a physician, so I’m sure that’ll be in our favor. Thanks for responding!

The affidavit of support comes into play for the NVC. His income doesn’t count unless it will continue from the same source when he arrives (that doesn’t sound like it applies to you). However, when deciding whether to approve or deny the visa, the officer at consulate will look at everything, not just the affidavit of support, and make a decision. He can take into consideration the immigrant’s job and earning potential at that stage (along with many other factors - that’s what we mean by totality of circumstances). 

[frodolives 7]

4 minutes ago, JFH said:

The affidavit of support comes into play for the NVC. His income doesn’t count unless it will continue from the same source when he arrives (that doesn’t sound like it applies to you). However, when deciding whether to approve or deny the visa, the officer at consulate will look at everything, not just the affidavit of support, and make a decision. He can take into consideration the immigrant’s job and earning potential at that stage (along with many other factors - that’s what we mean by totality of circumstances). 

Ohh okay I see. I think his education will be in our favor. He’s graduating from medical school soon, which I think would be viewed as good earning potential?