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Immigration Forum / USA Marriage Base / October 2004Marrying a foreigner who's here on a work visa
I am an American. If I marry a foreigner who's in the USA on a work visa, and she wants to become a permanent resident, do I have to sponsor her or can she prove that she's unlikely to be a public charge based on her own earnings? phma > I am an American. If I marry a foreigner who's in the USA on a work visa, > and she wants to become a permanent resident, do I have to sponsor her or > can she prove that she's unlikely to be a public charge based on her own > earning If they are going to adjust status based on marrying a US citizen, then you will need to sponsor them. > I am an American. If I marry a foreigner who's in the USA on a work > visa, [quoted text clipped - 11 lines] > >100,000 Newsgroups > ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- Hi: Yes to both. You must sponsor her. If you been living in the same household for six months or longer, her income can be combined with yours and she becomes a co-sponsor on the I-864A.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Yes to both. > [quoted text clipped - 3 lines] > her income can be combined with yours and she becomes a co-sponsor on > the I-864A. So what happens if we get married and before the six months her company fires her, sends her home, or whatever? My earnings aren't enough to meet the requirement. (I don't have someone in mind; I'm asking hypothetically.) phma > > Yes to both. > > [quoted text clipped - 20 lines] > >100,000 Newsgroups > ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- (I don't have someone in mind; I'm asking hypothetically.) What a peculiar line of questioning then... > (I don't have someone in mind; I'm asking hypothetically.) > > What a peculiar line of questioning then... Calling BE member Hypothetically!! Are you there??? We have a question for you.. And your answer is ... He say's you talking bullshit! > > Yes to both. > > [quoted text clipped - 20 lines] > >100,000 Newsgroups > ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- Then you have to have co-sponsor(s), like your parents, willing to sign that they will be responsible and their own income should be high enough to "fill-in" where your income comes short. --- > Then you have to have co-sponsor(s), like your parents, willing to > sign that they will be responsible and their own income should be high > enough to "fill-in" where your income comes short. > > --- Hi Tariq - FYI: Co-sponsors do not 'fill in' the amount that the sponsor is short. Their income has to be 125% of the fed poverty level for their family size plus the immigrant. :)Marnee > Hi Tariq - > [quoted text clipped - 3 lines] > > :)Marnee Thanks for the correction Marnee :) You may be right and sometimes it's confusing. Perhaps Mr. F, will give us insight into this. I'm quoting below Affidavit of Support Factsheet The income of certain other household members may be added in computing income level if they sign a contract, Form I-864A, agreeing to make their income and/or assets available for the support of the sponsored immigrants. Above quote is taken from the URL below: http://uscis.gov/graphics/publicaffairs/factsheets/afffact.htm --- > Thanks for the correction Marnee :) > [quoted text clipped - 11 lines] > > --- Thats only if they live in the same house... > Thanks for the correction Marnee :) > [quoted text clipped - 11 lines] > > --- Trent, Much confusion stems from the term "co-sponsor"; there is no such official term. One is either a Sponsor (primary) or Joint Sponsor. In marriage-based cases, the USC spouse will always be the Sponsor, whether or not their income/asset picture is sufficient. If it is not, they may use a Joint Sponsor, whose income must be sufficient for their household + the immigrant spouse. The Joint Sponsor typically lives outside the household and must be a USC or PR resident in the US. They do not have to be related to the USC or the immigrating spouse. In cases where the USC and the foreign spouse have been living together for 6+ months, the foreign spouse's US income + any eligible assets may be included with the USC's to satisfy the I-864. This relationship is sometimes called co-sponsor (although people sometimes substitute that term where they really mean Joint Sponsor). The I864A is likely not required in this situation, but some officers ask for it, so it is a good idea to have one prepared in advance. There are other cases where the -A would be required in a marriage-based case (ie where the Joint Sponsor filed a joint tax return and that person's spouse is giving permission for their income to be considered in support of the immigrant). So, yeah, Marnee's right :) >>Yes to both. >> [quoted text clipped - 9 lines] > > (I don't have someone in mind; I'm asking hypothetically.) OIC, you are just asking for the fun of it. What do you mean "whatever"? If she has the job at the time of the interview, then there is no problem if she loses it afterward. It's not like they are going to constantly monitor your income. You are the sponsor. This means YOU are responsible for whatever expenses occur that are related to the I-864. > >>Yes to both. > >>You must sponsor her. [quoted text clipped - 19 lines] > that > are related to the I-864. If you yourself don't meet the minimum income requirement to sponser her alone, then you can have a co-sponsor (anyone who is a USC), or get an extra job to boost your income. Best Wishes, Rene >> So what happens if we get married and before the six months her company >> fires her, sends her home, or whatever? My earnings aren't enough to meet [quoted text clipped - 3 lines] > > OIC, you are just asking for the fun of it. I'm not asking for the fun of it. I'm asking because I'm considering looking for my wife among foreigners who are in the USA. I haven't found her yet, but I'd like to find out what's involved. > What do you mean "whatever"? If she has the job at the time of the > interview, then there is no problem if she loses it afterward. It's not > like they are going to constantly monitor your income. You are the > sponsor. This means YOU are responsible for whatever expenses occur that > are related to the I-864. Not what I asked. The interview cannot happen until at least six months after we get married, so if we get married and she loses her job between the marriage and the interview, where does that leave us? phma > Not what I asked. The interview cannot happen until at least six months > after we get married, so if we get married and she loses her job between > the Why does it have to not happen until 6 months? It happens when they schedule it. The answer is simple. If there is no enough income to qualify, then get someone to act a a co sponsor. Maybe you should start looking for a job that will pay enough money so you won't need to worry about her income. The required income for 2004 was just over $150000 per year. If she loses her job, are you living in a place where your potential spouse would be unable to find a job paying minimum wage? The two of you, earning minimum wage, should be able to make the income requirement easily. > > Not what I asked. The interview cannot happen until at least six > > months [quoted text clipped - 17 lines] > earning minimum wage, should be able to make the income requirement > easily. The required income for 2004 is $15,612 for two people. Ithink Anon got an extra 0 in there. Why the concern about her income. It will be your wife . Be a man about it. > >> So what happens if we get married and before the six months her > >> company [quoted text clipped - 33 lines] > >100,000 Newsgroups > ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- Do you have a printout of the "foreigners who are in the USA"? You don't seem to make a distinction between legal foreigners and illegal foreigners - does it matter to you? What if you make a mistake and fall in love with someone who isn't a foreigner? What then? Do you have a contingency plan for this scenario? It seems to me you haven't thought this through very well. Oh, wait... if you "find out what's involved" will those answers help you determine which specific foreigner you want to hook up with? Ian > >> So what happens if we get married and before the six months her > >> company [quoted text clipped - 33 lines] > >100,000 Newsgroups > ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- Pierre Abbat says: Not what I asked. The interview cannot happen until at least six months after we get married, so if we get married and she loses her job between the marriage and the interview, where does that leave us? ----------------------- OK, you're saying 'it must be 6 months after marriage because if it is before, her income won't count and I don't make enough'. Where does that leave you? Hungry, for starters. Or out looking for a second job. How ya gettin' by now on less than 16K a year? If she loses her job would you not want her anymore? Or are you afraid she'd be taken away from you? > Pierre Abbat says: > Not what I asked. The interview cannot happen until at least six [quoted text clipped - 11 lines] > If she loses her job would you not want her anymore? Or are you afraid > she'd be taken away from you? Hmmm...Pierre already has issues with the USCIS in that he is expecting to be able to plan when his interview will be (which he can't do), and he hasn't even started looking for Ms. Right? It's good that he's doing his research ahead of time, no doubt, but it could be years before he finds Ms. Right and by then immigration rules could even change. Pierre, if your interview is less than 6 months from the time you started living together, and you don't make the required amount of money on your own, you will have to either find a co-sponsor or find a second job to make the appropriate income. If your interview is more than 6 months after, and your wife loses her job before the interview, and you still don't make the requirement amount of money, you will have to either find a co-sponsor or find a second job to make the appropriate income. This is what people keep telling you. Listen to us. :) Rene > Hmmm...Pierre already has issues with the USCIS in that he is expecting > to be able to plan when his interview will be (which he can't do), and > he hasn't even started looking for Ms. Right? Pierre likes to think of problems that might come up way down the rode For instance, what would happen if the kid, that he might have someday), need to learn sign language? http://groups.google.com/groups?q=g:thl2111595584d&dq=&hl=en&lr=&selm=6mekcb.q2e .ln%40ixazon.dynip.com |
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