IR1 with no income in US (Merged)

[Boiler 43,770]

Could have sworn I read he did the I 407 and now cannot see it

[Dashinka 23,390]

2 minutes ago, Boiler said:

Could have sworn I read he did the I 407 and now cannot see it

 

[Boiler 43,770]

1 minute ago, Dashinka said:

Thanks I was not going bonkers 

 

[SalishSea 16,925]

30 minutes ago, carmel34 said:

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.

OP is not eligible for DCF even with special circumstances, as they already filed the I-130 with USCIS.

[carmel34 3,538]

1 hour ago, SalishSea said:

OP is not eligible for DCF even with special circumstances, as they already filed the I-130 with USCIS.

Sorry, I missed the post from February about relinquishing the green card and filing an I-407, but I did not see where OP said that the I-130 was filed with USCIS, so DCF is not an option, my bad.  @NicolòVito, without a qualified joint sponsor or sufficient liquid assets in US dollars, your best path forward is for your USC wife to return to the US after the I-130 petition has been approved, a few months before your visa interview, and get a job sufficient to sponsor you plus establish US domicile.  A few months living apart will likely be necessary if you want to immigrate to the US again.  Good luck!

[NicolòVito 1]

3 hours ago, Boiler said:

Could have sworn I read he did the I 407 and now cannot see it

Yes I returned my old Green Card in early 2023. I've been out of the US for three years and honestly I would have had a lot of trouble proving that I hadn't abandoned my Green Card. So I returned it and I'm starting over from the beginning. I want to make sure I can get in. I could not abandon everything here in Italy and leave for the US with the risk of not entering and having lost everything, work and home. I have already addressed this topic in another thread. In any case, believe it or not, in 2019 I got the Green Card without any sponsors. Maybe because it was the days before Christmas and the official wanted to give us a present. Or perhaps, more realistically, my wife and I had a written job offer from the same US-based company.

Now we are in Italy. I hope there is some other way to avoid the obstacle. I will certainly try to submit written job offers again. But I was thinking that maybe there are insurance companies that can sponsor me, upon payment of an annual premium until I have my demonstrable income. A bit like it happens for a guarantor of the bail as it happens for car insurance. After all, the sponsor can be anyone.

[Boiler 43,770]

2 minutes ago, NicolòVito said:

Yes I returned my old Green Card in early 2023. I've been out of the US for three years and honestly I would have had a lot of trouble proving that I hadn't abandoned my Green Card. So I returned it and I'm starting over from the beginning. I want to make sure I can get in. I could not abandon everything here in Italy and leave for the US with the risk of not entering and having lost everything, work and home. I have already addressed this topic in another thread. In any case, believe it or not, in 2019 I got the Green Card without any sponsors. Maybe because it was the days before Christmas and the official wanted to give us a present. Or perhaps, more realistically, my wife and I had a written job offer from the same US-based company.

Now we are in Italy. I hope there is some other way to avoid the obstacle. I will certainly try to submit written job offers again. But I was thinking that maybe there are insurance companies that can sponsor me, upon payment of an annual premium until I have my demonstrable income. A bit like it happens for a guarantor of the bail as it happens for car insurance. After all, the sponsor can be anyone.

 

Well we have seen people reenter after a lot longer than 3 years but that option is gone.

 

No insurance, and the more I think about it the less logical a bond etc would be, if you can afford a bond you can just meet the capital requirement 

[GP1977 288]

5 hours ago, SalishSea said:

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.

 

 

False. Not a FULL STOP and there are exceptions.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos12

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.

Edited August 18, 2023 by GP1977

[Chancy 6,233]

24 minutes ago, GP1977 said:

False. Not a FULL STOP and there are exceptions.

 

Yes, there are exceptions, but having a job offer is not one of them.  The FAQ item you referenced even says that job offers are not recognized in place of I-864 and do not meet any I-864 requirement.

 

As for the OP's case in 2019, either we're not getting the full story about their previous I-864, or the consulate made a mistake in issuing the visa.  It happens.  But not a good idea to rely on that happening again.

 

[GP1977 288]

2 minutes ago, Chancy said:

 

Yes, there are exceptions, but having a job offer is not one of them.  The FAQ item you referenced even says that job offers are not recognized in place of I-864 and do not meet any I-864 requirement.

 

As for the OP's case in 2019, either we're not getting the full story about their previous I-864, or the consulate made a mistake in issuing the visa.  It happens.  But not a good idea to rely on that happening again.

 

You know that the I864 purpose is to overcome a public charge, correct?  

Yes it doesn't satisfy the I864 requirement but overcomes a public charge.

 

The OP did this once already as did @carmel34

 

First hand experience is always very valuable.

 

 

[Chancy 6,233]

2 minutes ago, GP1977 said:

The OP did this once already as did @carmel34

 

Looks like you need to re-read what @carmel34 said.  They did DCF.  Unless OP is confused about their own process and posted in the wrong forum, this case is not DCF.

 

Yes, first-hand experience is valuable.  I actually went through this CR1/IR1 process myself.  So I suppose that makes what I said above super valuable, huh.

 

[GP1977 288]

3 minutes ago, Chancy said:

 

Looks like you need to re-read what @carmel34 said.  They did DCF.  Unless OP is confused about their own process and posted in the wrong forum, this case is not DCF.

 

Yes, first-hand experience is valuable.  I actually went through this CR1/IR1 process myself.  So I suppose that makes what I said above super valuable, huh.

 

Is the i864 standard different for DCF?

And did you try to use an employment offer when you submitted the i864 for your  CR1 and it not work out?  If so, firsthand experience would be valuable in this instance. 

Edited August 18, 2023 by GP1977

[Redro 4,602]

8 hours 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.

Back in the day in Korea, DCF would accept foreign based income for I864 even though the consulate knew it was about to end… so… DCF has its own rules 🤔

Edited August 18, 2023 by Redro

[Boiler 43,770]

I self sponsored that is not normal

 

I think I started by acknowledging you can always find an exception

 

DCF as stated now requires a short notice job relocation not offer.

[GP1977 288]

31 minutes ago, Chancy said:

 

Looks like you need to re-read what @carmel34 said.  They did DCF.  Unless OP is confused about their own process and posted in the wrong forum, this case is not DCF.

 

Yes, first-hand experience is valuable.  I actually went through this CR1/IR1 process myself.  So I suppose that makes what I said above super valuable, huh.

 

 

Let me ask you a hypo..

 

US citizen has no job, graduates medical school and completes residency.  US Citizen has a job offer for $500K to be an Anesthesiologist that starts in December.   US Citizen submits a p0etitions their foreign citizen spouse via spousal visa. All of the paperwork is in order and visa is ready to go subject to the I864 being approved?  Is the CO signing off on the I864 even though the US Citizen doesn't have a job at the moment?