Jump to content
steve-phuket

supporting spouse if applicant is already retired?

13 posts in this topic

Recommended Posts

hi, i'm a US citizen, married to Thai, both living in Thailand, thinking about getting green card for spouse and i see i need to prove i can support her. thing is, i'm retired, have about $300k in 401k and will start getting SS of about $1200/mth next year

 

will that work for visa application, since i don't currently live in US there is no chance of me getting a job there

 

thanks

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Denmark
Timeline

Yes, assets can be used in place of income. $300k in cash savings should be more than enough. Financial support proof won't come until the NVC stage (8-12 months into the process) so you won't have to prepare those documents until then; check out the form instructions as well as the guides here on VJ to get a view of the process and timeline

Edited by LilyJ

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)

Share this post


Link to post
Share on other sites

thanks, so assuming that 300k plus SS is acceptable for financial support, and we meet all the other requirements, like her not been a felon, etc. what are the chances of her been accepted for a CR1? are people who meet the qualification ever turned down? is there a quota system?  

 

thanks

 

Share this post


Link to post
Share on other sites

There is no quota for the spouse of a USC.

The visa will be issued or not if she is eligible for it.

 

The CO has discretion for items like determining the marriage is bona fide, if they are likely to become a public charge, etc. But if you provide satisfactory evidence to demonstrate otherwise + all required documentation (PCCs and such), there should not be an issue.

The CO is not to just randomly refuse the visa...there needs to be a reason supported by the INA to do so.

 

Edit: To clarify, if - for example - the president were to ban all nationals of Thailand (as they are permitted to do under INA 212(f)), the visa could be refused. But thus far, Thailand has no such ban in place.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Share this post


Link to post
Share on other sites

ok, thanks, i think we can show the marriage is bona fide. we have a lease together, many photos, and we hope to get her a tourist visa for Europe next year and go together.

 

also on support issue, my son lives in USA and has a lot of income and can co sponsor too.

 

so i guess we are good

 

thanks

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The fact that you are married to her and currently residing with her goes a long way to proving bona fide relationship.  I'm living with my wife in Vietnam and while I'm still working for my company in the US which is different from you I can say you won't have any trouble proving bona fide if you are living with her.  Plus it will be for at least another year to get through the CR1/IR1 system.  When she arrives in the US and if it's more than two years after your date of marriage she will be granted a 10 year permanent green card as opposed to a 2 year conditional green card had she arrived less than two years since the date of marriage.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Also, strictly speculation on my part, you may be wondering but not wanting to ask if a large age gap will cause any problems.  My wife is 23 years younger than me.  I forsee no problems because I've lived with her for what will be more than two years by the time we go to US.  I'm at NVC so the interview could come any time.  If it comes too soon I'm going to postpone it until January as we want to move in June when her daughter finishes the school year.  

Share this post


Link to post
Share on other sites
16 minutes ago, steve-phuket said:

my guess is they see  lot of Asian wives younger than the husband, i don't think 23 years is too much, here in Thailand i've seen 70 year olds married to 30 year olds.

Depends on local culture. A 30 year gap with a Filipino fiancee/wife typically doesn't raise an eyebrow. A 30 year gap in some other SEA countries may be highly unusual (I'd say Japan as an example, but Japan is also very low fraud so it may not be an issue there either).


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Share this post


Link to post
Share on other sites
On 8/9/2020 at 8:54 AM, LilyJ said:

Yes, assets can be used in place of income. $300k in cash savings should be more than enough. Financial support proof won't come until the NVC stage (8-12 months into the process) so you won't have to prepare those documents until then; check out the form instructions as well as the guides here on VJ to get a view of the process and timeline

 

hi, at the risk of beating a dead horse here, i wonder if there is any proof anywhere that '$300k in cash savings should be more than enough'.

 

i notice on the Affidavit of Support, the petitioner is normally required to have income 125% above the federal poverty line which is $12760 for 1 person and $17240 for 2. i usually withdraw $12000 a year from my IRA and with $1200/mth social security, that's another $14400/year which together ($26400) is well above the 125% requirement of the I-864P of $21550

is IRA/410K distributions and social security also acceptable as income for the Affidavit of Support

 

sorry to re-ask but i just found out my potential co-sponsor may be a problem, so i need to be 100% sure my retirement income is acceptable for the Affidavit of Support

 

thanks

 

Edited by steve-phuket

Share this post


Link to post
Share on other sites
8 minutes ago, steve-phuket said:

 

hi, at the risk of beating a dead horse here, i wonder if there is any proof anywhere that '$300k in cash savings should be more than enough'.

 

i notice on the Affidavit of Support, the petitioner is normally required to have income above the federal poverty line which is $12760 for 1 person and $17240 for 2. i usually withdraw $12000 a year from my IRA and with $1200/mth social security, that's another $14400/year which together is well above the federal poverty line

is IRA/410K distributions and social security also acceptable as income for the Affidavit of Support

 

sorry to re-ask but i just found out my potential co-sponsor may be a problem, so i need to be 100% sure my retirement income is acceptable for the Affidavit of Support

 

thanks

 

According to the I864 instructions , when using assets  to make up the shortfall from income to the required level , the assets need to be at least 3x the gap for a spouse visa ... I think you’re fine ! 😁

Edited by Lil bear

Share this post


Link to post
Share on other sites
5 minutes ago, Lil bear said:

According to the I864 instructions , when using assets  to make up the shortfall from income to the required level , the assets need to be at least 3x the gap for a spouse visa ... I think you’re fine ! 😁

ok, i see that now, Item Number 10. Total Value of Assets. thanks. so yes i am many times over the 3x requirement, good to know. i don't want to start down this road only to find there is an insurmountable road block.

 

Share this post


Link to post
Share on other sites

I-864 isn't filed with the petition.  It is filed at the NVC stage.

 

On 8/8/2020 at 6:50 PM, steve-phuket said:

have about $300k in 401k

More than enough for an assets based I-864.  


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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...