Clearing doubts before sending out I-130

[aerodnight 76]

Hi everyone,

 

I'm very close to send out I-130 and there are some things that are still troubling me even though I've tried to find some answers online.

1. Me and my wife are a fresh marriage, soon after graduating university and as I looked at the list of possible evidences of bonafide marriage that is necessary to be proved on I-130, the only one we can show is the mutual bank and saving account we have for some time already. We don't have children, mutual property, we don't rent any apartment as we live temporarily in my wife's parents house so no official lease in this case. I've read that some people attach photos from a few years span from some trips they were together with short adnotians to each one of them as a proof of a bonafide marriage. Could that help in our case since we have a trouble providing evidences from the official list?

 

2. When filling I-130, it was quite obvious that use of polish letters like ą, ę, ł, etc. is prohibited as the website does not accept them in any field. There is only a possibility to attach pdf with originally written names and addresses in the further part of the form. However, when we were filling I-130A, the pdf accepted polish letters to be typed so I wonder what should we do. Should we keep it in only roman letters typed, or should we use the form that is proper in our language?

 

3. I wasn't inquired about payment for I-130 yet, but I believe that I will be when I'll reach Review and Submit part of the form. I'm located in Poland for many years and I have no ties with US so no domicile as well for sure. I have only my polish credit card and transferwise account with american bank account. I know that during starting from NVC stage, all the payments are required to be US originated, so no european credit cards allowed, etc. but I wonder if I'll be able to make a payment of $535 for I-130 with what I have right now(I'll move to US before sending out AOS package)

 

4. I have the last question that goes beyond I-130 stage. Could it work, if after NVC received our case, I would move to US alone, start a job that would make my expected income sufficient for a 2-person household(like starting the job in July, so e.g. 6 months X $5000 = $30k annual income to be entered in I-864) and sending AOS package like the next day I start my job. I was just wondering, how long would I need to be employed to use the salary that will be put on my employment contract on my I-864 form. It's obvious that the shortest the period away from my wife which will be waiting for the interview in Poland, the better. I was just thinking that it would make the process the shortest. As the country of domicile I would put Poland(I believe there is a question about it in I-864) and later on embassy interview, it would be proven that I have at least intent to re-establish domicile in US since some time would surely pass between sending out I-864 and having embassy interview where domicile issue is determined.

 

Sorry for elaborating so much, I have a problem with keeping my questions short and simple and just had to be so descriptive when it comes to this CR-1 immigration topic that me and my wife will be soon going through   

[Timona 4,207]

1. Only provide what you can get. Between now and interview, you will have enough time to add more. You can easily add users to car insurance etc. 

2. You can add them on the last page. However, if your names don't have such letters presently, don't add them for the sake of it.

3. I think anyone can pay for the I-130 fees, regardless of you bank.

4. Are you USC? Before I answer this question 

[aerodnight 76]

38 minutes ago, Timona said:

4. Are you USC? Before I answer this question 

Yes.

[Timona 4,207]

You can move to the US anytime and alone, get a job and use your offer letter and paystubs to show that you can effectively sponsor your family. 

 

Or you can get a joint a sponsor. 

Here's the link to USCIS poverty guidelines.

 

https://www.uscis.gov/i-864p

Edited August 24, 2021 by Timona

[pushbrk 12,979]

Note that if you take a job paying $5k a month, your stated current income is immediately $60k, no matter how much of any given year you have worked when you submit the affidavit of support.  

[aerodnight 76]

11 hours ago, Timona said:

1. Only provide what you can get. Between now and interview, you will have enough time to add more. You can easily add users to car insurance etc. 

@Timona So bonafide marriage is determined both at USCIS and interview stage?

 

9 hours ago, pushbrk said:

Note that if you take a job paying $5k a month, your stated current income is immediately $60k, no matter how much of any given year you have worked when you submit the affidavit of support.  

@pushbrk Are you sure about that? That would be great, because I wouldn't have to wait till the beginning of the year to move to the US. If I would start my first job in States e.g. in October, previously earning in Europe, which I already know that has no impact on sponsorship abilities, since the income has to be US based, then putting a number that will be declared on the contract and a letter from employer would satisfy NVC?

 

My doubts come from the article I read about common mistakes when filling I-864, written 6 years ago for immigration proffesionals. I'll quote it here

Quote

The I-864 in Part 6, line 5, asks the sponsor to indicate his or her “current individual annual income.” This phrase is key and every word is significant.  “Current” means what he or she anticipates earning this calendar year.  That may be easy to calculate in December, but more difficult early in the year.  So be prepared to ask your client for proof of what he or she is currently earning and likely to have earned by the end of the year. “Individual” means only report what the sponsor himself or herself is planning to earn, not what the sponsor and his/her spouse are earning jointly. “Annual” means what the sponsor is likely to earn this year. This figure, supplemented with any additional household members’ income on Part 6, line 10, will determine if the sponsor’s income is sufficient for his or her household size.  If the anticipated income is more than they paid taxes on last year, then include proof to support your estimate, such as pay stubs and a letter from their employer.

Source: https://cliniclegal.org/resources/family-based-immigration-law/five-most-common-mistakes-completing-i-864

[Timona 4,207]

7 hours ago, aerodnight said:

@Timona So bonafide marriage is determined both at USCIS and interview stage?

 

I believe so, so that they can wed out fraudulent marriages

[pushbrk 12,979]

10 hours ago, aerodnight said:

@Timona So bonafide marriage is determined both at USCIS and interview stage?

 

@pushbrk Are you sure about that? That would be great, because I wouldn't have to wait till the beginning of the year to move to the US. If I would start my first job in States e.g. in October, previously earning in Europe, which I already know that has no impact on sponsorship abilities, since the income has to be US based, then putting a number that will be declared on the contract and a letter from employer would satisfy NVC?

 

My doubts come from the article I read about common mistakes when filling I-864, written 6 years ago for immigration proffesionals. I'll quote it here

Source: https://cliniclegal.org/resources/family-based-immigration-law/five-most-common-mistakes-completing-i-864

Yes, I'm sure.  Note the article says that every word in the specific instruction is important but then they add the word year, that does NOT appear in the instructions.  What is your current annual income? is the question, not what is your income going to be in this calendar year.  Again, yes, I'm sure.  You document the income with a pay stub.  Do the same as a Consular Officer will do, and take the gross for a full pay period times the number of pay periods in a full year.