IR1 with no income in US (Merged)

[Crazy Cat 39,911]

28 minutes ago, NicolòVito said:

so you are telling me that if my wife wants to go to the US and work there she can do so because she is a US citizen but she cannot bring her husband together without a proper visa even though she has already applied for a visa.  In our case we have to wait for the conclusion of the process, until the visa here in Italy.  There are other ways to speed up?

Correct.  Your wife can return to the US at any time.  However, you cannot live in the US until you have a proper visa to do so.  You can visit (if you have the proper entry credentials) at the discretion of CBP at the border.  Applying for a visa is not the same being issued a visa.

The only way to speed up the process is if the consulate agreed to DCF (Direct Consular Processing) for exceptional circumstances...like a job offer for US citizen with short notice travel required.

Edited June 17, 2023 by Crazy Cat

[NicolòVito 1]

Hi, now this is my situation.

My wife was born in US and have double citizenship (US and Italian). Now she filled I-130 form for me (I'm italian). We live in Italy and have no income in US. How can we obtain green card if we don't have joint-sponsor o co-sponsor? If we have money cash on our bank account? Is it valid? Or are there insurance that can cover us until we get a job there? In 2019 I obtained my first Green Card being in the same situation. In that situation I got the Green Card when I show to Naples Consulate two jobs offers, for me and my wife. Could be this a way to obtain GC? Or others ideas????

Regards

Nicolò

[EM_Vandaveer 2,377]

No, you need a joint sponsor or enough assets.

I don't mean to doubt your story but this was no different in 2019, so maybe your recollection is not 100% accurate?

[NicolòVito 1]

1 minute ago, EM_Vandaveer said:

I don't mean to doubt your story but this was no different in 2019, so maybe your recollection is not 100% accurate?

No, it's 100% accurate. In 2019 I had no sponsor but when I sent the 2 job offers to the consulate in Naples, they approved the visa. Unfortunately living in Italy we can never have income in the US.  How could my wife return to the US if she is US Income Constraint? It's a contradiction. That's why I would like new suggestions or ideas to get around the obstacle.

Thanks

[Dashinka 23,442]

If you have enough liquid assets (3x the poverty guidelines) and they are US based I think that would work.

[SalishSea 16,988]

21 minutes ago, NicolòVito said:

No, it's 100% accurate. In 2019 I had no sponsor but when I sent the 2 job offers to the consulate in Naples, they approved the visa. Unfortunately living in Italy we can never have income in the US.  How could my wife return to the US if she is US Income Constraint? It's a contradiction. That's why I would like new suggestions or ideas to get around the obstacle.

Thanks

The sponsorship requirements have not changed since 2019.  Perhaps you were permitted to do DCF if your petitioner had a pending job offer in the US? 
 

Many US citizens living abroad who seek to petition spouses for immigrant visas need to move back ahead of the spouse to establish domicile and start working.

[EM_Vandaveer 2,377]

29 minutes ago, NicolòVito said:

No, it's 100% accurate. In 2019 I had no sponsor but when I sent the 2 job offers to the consulate in Naples, they approved the visa. Unfortunately living in Italy we can never have income in the US.  How could my wife return to the US if she is US Income Constraint? It's a contradiction. That's why I would like new suggestions or ideas to get around the obstacle.

Thanks

I'm assuming it wasn't an immigrant visa? To be granted a spousal visa you need an I-864. Without proven US based income or a joint sponsor or assets, no-one gets a spousal visa.

[Boiler 43,871]

I am not going to question the OP, I have seen too many examples of things that can not happen, do not happen, happening.

 

The safest route with no Joint Sponsor, no US sourced income and questionable savings is for the USC to head back first and get a job etc.

 

Otherwise you go with what you have and see.

 

The I 864 is a big ask from a Joint Sponsor perspective, I remember seeing why can there not be an an Insurer? being discusses a long time ago.  I think showing 3x assets would be cheaper than any Insurance premium.

[EM_Vandaveer 2,377]

55 minutes ago, Boiler said:

I am not going to question the OP, I have seen too many examples of things that can not happen, do not happen, happening.

 

The safest route with no Joint Sponsor, no US sourced income and questionable savings is for the USC to head back first and get a job etc.

 

Otherwise you go with what you have and see.

 

The I 864 is a big ask from a Joint Sponsor perspective, I remember seeing why can there not be an an Insurer? being discusses a long time ago.  I think showing 3x assets would be cheaper than any Insurance premium.

I guess if it was DCF the Consulate could have just ignored the need for an I-864? I definitely don't think that'd ever happen if the case was normal consular processing.

[Boiler 43,871]

5 minutes ago, EM_Vandaveer said:

I guess if it was DCF the Consulate could have just ignored the need for an I-864? I definitely don't think that'd ever happen if the case was normal consular processing.

Most DCF cases the USC is already living in the US, a quicker route but I have never come across anything that suggests DCF avoids the normal I 864 requirements and can not think why there would be.

 

I would not be so certain this can be pulled off twice, but all you can do is try.

[milimelo 4,291]

6 minutes ago, Boiler said:

Most DCF cases the USC is already living in the US, a quicker route but I have never come across anything that suggests DCF avoids the normal I 864 requirements and can not think why there would be.

 

I would not be so certain this can be pulled off twice, but all you can do is try.

 

Most DCF cases the USC has to show proof they're living in the country and need to get back to the US for work reasons - new job offer... 

[Boiler 43,871]

1 minute ago, milimelo said:

 

Most DCF cases the USC has to show proof they're living in the country and need to get back to the US for work reasons - new job offer... 

DCF is quicker but not quick, most of the cases I have seen the USC is back in the US by the time the interview happens.

[NicolòVito 1]

1 hour ago, EM_Vandaveer said:

I'm assuming it wasn't an immigrant visa? 

It's a immigranti visa IR-1

[SalishSea 16,988]

1 hour ago, NicolòVito said:

It's a immigranti visa IR-1

You will need US based income, eligible assets, or a qualified joint sponsor.  Full stop.  No exceptions.  No job offers in lieu of those other things.

 

Maybe your USC spouse should register here and join the convo if you're confused about the requirements for a spousal visa.

[carmel34 3,539]

4 hours ago, EM_Vandaveer said:

To be granted a spousal visa you need an I-864. Without proven US based income or a joint sponsor or assets, no-one gets a spousal visa.

I've done DCF successfully with proof of future US-based (job offer) income for the I-864.  Maybe that's what happened in 2019 for OP, both spouses could have had evidence of US job offers and that was sufficient for the officer.

 

OP, @NicolòVito when did you leave the US after entering in 2019?  If it was a 10-year green card it could still be valid.  If so, you may be able to get on the next flight to the US.  Where was the most recent I-130 submitted (to the Naples Consulate or to USCIS), when was it submitted, and has it been approved?  More information would be helpful to give you the best advice.

Edited August 18, 2023 by carmel34