I-130A and Expidite Questions

[Steve & Erma 33]

I am preparing the I-130 as much as I can ahead of time...

 

Can I prepare the I-130A for my fiance who is in the Philippines? Do I need to list myself as the preparer?

 

Employment Status - My fiance has not had a regular job since 2015 when she returned from a 2 year commitment in Malaysia. She was with her second husband in 2016, married in 2017, and then widowed in the beginning of 2022. She has a small cake business that is not registered that she makes ends meet with barely. What would be the best way to show this on the I-130A? Do I need to show it at all?

 

If I don't show she has an income could I use that as a way to expedite our petition once I file? Even if I do show her income it is very little. Something to the effect of she is now my wife and in helping her to keep her household there afloat and my own is causing financial stress that would be eased with an expedited petition so we are under one household.

 

As always thank you all for your help. I hope to return the favor in the future once I understand this better.

[arken 4,197]

38 minutes ago, Steve & Erma said:

Can I prepare the I-130A for my fiance who is in the Philippines?

 

If she is you wife why are you calling her your fiance!! Note that such use of words could negatively impact especially when COs or CBP happen to look at chats or messages.

 Anyway any forms that you fill out for her, you can list yourself as the preparer.

 

Her employment status has nothing to do with the expedite.

 

[Steve & Erma 33]

1 hour ago, arken said:

 

If she is you wife why are you calling her your fiance!! Note that such use of words could negatively impact especially when COs or CBP happen to look at chats or messages.

 Anyway any forms that you fill out for her, you can list yourself as the preparer.

 

Her employment status has nothing to do with the expedite.

 

Well she will be my wife in a month... currently she is my fiance. When I file the petition she will obviously be my wife and why I was talking as she is my wife for the expedite reason. Sorry about that.

 

So financial burden wouldn't cause grounds for an expedited petition? --> "Severe financial loss to a company or person"

 

Also could go under humanitarian "extreme living conditions"(financial) but that would be a stretch I think.

Edited August 16, 2022 by Steve & Erma

[Crazy Cat 39,741]

2 hours ago, Steve & Erma said:

I am preparing the I-130 as much as I can ahead of time...

 

Can I prepare the I-130A for my fiance who is in the Philippines? Do I need to list myself as the preparer?

 

Employment Status - My fiance has not had a regular job since 2015 when she returned from a 2 year commitment in Malaysia. She was with her second husband in 2016, married in 2017, and then widowed in the beginning of 2022. She has a small cake business that is not registered that she makes ends meet with barely. What would be the best way to show this on the I-130A? Do I need to show it at all?

 

If I don't show she has an income could I use that as a way to expedite our petition once I file? Even if I do show her income it is very little. Something to the effect of she is now my wife and in helping her to keep her household there afloat and my own is causing financial stress that would be eased with an expedited petition so we are under one household.

 

As always thank you all for your help. I hope to return the favor in the future once I understand this better.

Are you married or not?  Her lack of income is not a basis for expedite.  

[Steve & Erma 33]

1 minute ago, Crazy Cat said:

Are you married or not?  Her lack of income is not a basis for expedite.  

Will be when I file the petition and then the expedite request if that is possible with the scenario I stated.

[Verrou 1,901]

her income is unrelated to uscis. uscis only wanted to know ur income as the sponsor and if you can support her so she wont be a burden to government when she's in the US. so to answer your question, to expedite her case based on she doesnt make enough money wont fly with USCIS. because you are the one who's sponsoring her. 

Edited August 16, 2022 by Misscloud

[Steve & Erma 33]

1 minute ago, Misscloud said:

her income is unrelated to uscis. uscis only wanted to know ur income as the sponsor and if you can support her so she wont be a burden to government when she's in the US. so to answer your question, to expedite her case based on she doesnt make enough money wont fly with USCIS. because you are the one who's sponsoring her. 

So if she is unable to fully support herself and her son and I have to step in as her husband (after we get married and I file) and that causes me a financial hardship that still doesn't work for an expedite?

 

Yes I make enough to not have a sponsor in case someone is wondering that.

[Rocio0010 5,573]

2 hours ago, Steve & Erma said:

So if she is unable to fully support herself and her son and I have to step in as her husband (after we get married and I file) and that causes me a financial hardship that still doesn't work for an expedite?

Nope. That’s precisely why you’ll be her sponsor, because you’re showing that you can fully support her.

In addition, I still have to see one case where “financial hardship” was taken into account. 

[arken 4,197]

8 hours ago, Steve & Erma said:

So if she is unable to fully support herself and her son and I have to step in as her husband (after we get married and I file) and that causes me a financial hardship that still doesn't work for an expedite?

 

Yes I make enough to not have a sponsor in case someone is wondering that.

 

The entire point of i864 is to make sure you, not her, fully supporting her and her kid  without falling into any hardship. That's the prerequisite. Asking for expedite so beneficiary can support herself is bypassing the prerequisite which uscis won't approve for sure.

Edited August 16, 2022 by arken

[Boiler 43,790]

She is supporting herself now, what is the difference.

[Steve & Erma 33]

Do I need to print out the I-130A and sign it as the preparer?

 

It states she does not need to sign since she is overseas.

 

 

[pushbrk 12,253]

11 hours ago, Steve & Erma said:

Will be when I file the petition and then the expedite request if that is possible with the scenario I stated.

You can request an expedite but you won't get it based on her having little or no income.  You solve that by helping her make ends meet while she waits.

 

Sounds like she has been unemployed since a certain date more than five years ago.  Simple answers on the form take care of this.

 

Lots of people in the Philippines live fine on minimum wage, which is about equal to $200 a month.  If she's your wife, take care of her.

 

[pushbrk 12,253]

2 hours ago, Steve & Erma said:

Do I need to print out the I-130A and sign it as the preparer?

 

It states she does not need to sign since she is overseas.

 

 

She doesn't need to sign and you CAN be the preparer, but it is not required.  That section is for somebody you hire to help prepare.  Just leave it blank, or not.

 

You've looked into the requirements for you to marry and have planned a long enough visit to accomplish it.  Right?

 

 

Edited August 17, 2022 by pushbrk

[Steve & Erma 33]

2 hours ago, pushbrk said:

She doesn't need to sign and you CAN be the preparer, but it is not required.  That section is for somebody you hire to help prepare.  Just leave it blank, or not.

 

You've looked into the requirements for you to marry and have planned a long enough visit to accomplish it.  Right?

 

 

We are doing the Utah wedding while I am there as I will not have time to do the PH wedding. I did have a way to get it done there in the time but I didn't like the fact I was circumventing the rules.

 

Employment: Does this look good @pushbrk

 

I will remove myself from the preparer section.

[Steve & Erma 33]

She had a job in Malaysia for 2 years from 2013-2015. Do I need to put that job in this location?