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FAQ

Can unemployed US citizen file for spouse visa?
Of course you can but you may have trouble fulfilling the requirement to support your spouse such that the he/she doesn’t become a “public charge.” This is a pretty good guide (What Sponsors Should Know Before Signing Form I-864 Affidavit of Support | Nolo.com) that I’ll quote from:The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.When the government sues the sponsor, it can collect enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she can collect enough money to bring his or her income up to 125% of the amount listed in the U.S. government’s Poverty Guidelines (as shown in the chart in Form I-864P).The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40.
Can i help my husband fill for adjustment of status even though my kids are in foster home and i have not fill for tax in 2years?
You can if he came to the US with a valid visa via a port of entry (not crossing the border illegally). However, you will need a sponsor who has enough income to sign the affidavit of support. Form I-864P.
How much money do I need to move to the United States?
Money is not your problem. Qualifying to live here is.You do not simply up and decide to move to the United States (or any other country). Living anywhere implies intent to reside there permanently and likely work there. In order to do that in the USA requires you to acquire permanent residency or a work visa that permits you to live and work on temporary or permanent basis.You don’t just save some money, hop a flight and then figure that stuff out when you get here. That’s Hollywood fiction. In fact, if you do that and you’re not from a visa waiver country your visa will not be approved when you tell them the intent of your trip is to live in the USA.If you want to move to the USA you have to come up with a plan to be able to qualify to immigrate. Pursue education and opportunities in your home country that will allow you to obtain a skilled work visa via a US employer or get lucky and meet an American, fall in love and decide to get married.In either case, and that requirement is the hard part, the amount of money needed to move here is proof you will not become a public charge which is roughly 125% of the Federal poverty line. Generally provided as proof of your income or your sponsor. You will be filing a form with USCIS as part of your immigration paperwork to prove that.At present, you or your sponsor must be earning at least $21,137 per year. That is per USCIS guidelines.Form I-864P, 2021 HHS Poverty Guidelines for Affidavit of SupportAll of the other answers make it sound like you figure where you want to live and then figure out job and everything else. That is exactly wrong. You have to figure out the “how to get here part” legally first. That is the massively hard part.So hard, in fact, that absent luck or a very patient, persistent plan of skills acquisition, ability and opportunity exercised over several years, billions of people on the planet will never qualify to immigrate to the USA or pretty much any other nation.
How much tax on income does a green card holder have to pay for bringing his spouse to the USA?
Tax on income? Your taxes don’t change, they may get slightly lower if your spouse doesn’t work since she’s your dependent and you will be married filing jointly with only one income (unless she gets a work permit but then she’s bringing income too so you’ll be fine).The IRS doesn’t do immigration anything - they just enforce the tax code. And your visa status has nothing to do with your taxes.The affidavit of support - part of the process - does put a financial requirement on you not to let your spouse go into public assistance. But of course you presumably will support your spouse, right?There are immigration fees and costs imposed by the government because the agency funds itself - as of 2015ish all in for a straight up self served family visa with no complications I would budget about $1,500 (each paper filed has a fee of around $150–$200, then there’s the visas, translations of official documents, fingerprinting fees etc). This is a low estimate and every case is slightly different. I’d have a couple thousand ready even if I was expecting it to go smoothly.If there are complications you probably want an immigration lawyer and it can greatly increase the costs.Good luck?
How much income should a US citizen (resident of Texas) have to sponsor 3 relatives?
It’s right on the USCIS website: Form I-864P, 2021 HHS Poverty Guidelines for Affidavit of SupportTake yourself, anyone living with you and add your three relatives. Find that number on the linked chart. That is the minimum amount of money you need to make to sponsor a relative.
We met on Cupid.com. Is this a problem for a K1 visa?
Great question. How you first met would not be an issue for the consular officer. However, you must have met in person. I have detailed the exact steps for the K1 visa in previous posts. Here they are from first steps to visa interview:Having served as an Executive Assistant for a former US Department of State Foreign Service Officer and Consular Officer, as well as worked in an immigration law firm and for an immigration help center, I believe I can help. This does not serve as legal advice as I am not an attorney. While form instructions are available on the USCIS website for each form, immigration law firms also often provide free 30 minute consultations.The fiancé visa is has an unusual visa application process as it is technically a temporary non-immigrant visa, lasting only 90 days. During this time the fiancé and U.S. citizen sponsor are to be married and she will adjust status from the US.First Step: Petition for Alien Fiancé(e)The US petitioner is required to complete Form file Form I-129F, Petition for Alien Fiancé(e), Petition for an Alien Fiancé. A money order of $535, made payable to the “U.S. Department of Homeland Security” is required at the time of submission. It is crucial that you make the money order payable to “U.S. Department of Homeland Security” rather than USDHS or any other variation. You can staple the check to the application neatly at the time of submission. See this USCIS website to find where to submit the application: Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e). You can find more general instructions here and, if you have questions regarding particular questions in the form, be sure to read the useful instructions PDF from this USCIS page, where you can also find Form I-129F.Step Two: Consular ProcessingThe application will be sent to the National Visa Center and to the U.S. Embassy or Consulate where the fiancé lives outside the US. Once you receive the submission receipt, you can complete form DS-160 Online Non-immigrant Visa Application with the receipt number. The Embassy or Consulate will also send instructions specific to the country of application. You will want to check the .gov website for the specific embassy your fiancé will be having her/his interview. Search for the .gov US embassy and consulate website for that location. For example, when helping someone apply from Nigeria, we went to this official government website, and click “#3 visas,” to read more information.Make sure that you check spelling in this form perfectly. Have names match exactly to official document. I have had people leave out one of their middle names or give a nickname run into a lot of issues. Go off of your passport or legal documents to avoid any unneeded trouble.You will want to attach passport photos online the DS-160 application online and bring 2 with you to your interview to be safe. Here are the passport requirements. When completed, print the confirmation page and bring to interview. Do not bring the entire form—Just the confirmation page. The Consular Officers use the scan code to track your petition.Final note for DS-160: This page does not save regularly. Make sure the write down the application number so that you can log back in and save at each section/page to avoid losing your place.Step Three: Prepare for the interviewAfter that is submitted, you will acquire documentation to prove the nature of your relationship as well as Form I-134, Affidavit of Support. At this point you will need to acquire documentation specific to the Embassy/Consulate your fiancé will be interviewing. Here are some basic ideas regarding what to bring and how to bring it:· Organize your documentation and label it so that it is easy on the Consular Officer’s eyes. Remember, he/she handles countless interviews a day. Make this one easy on the consular office. If you want to would recommend what many law offices do: Create a table of contents; separate each section with a different color of paper which has the section labeled. This makes it easy to thumb through; bind the papers neatly together with a clip or fastener.· Form I-134 as well as proof of your income as a Legal Permanent Resident such as taxes from the last 3 years. Search USCIS I-864P, HHS Poverty Guidelines for Affidavit of Support, to see if you meet the financial requirements to sponsor your fiance. If you do not, you will need a co-sponsor.· Copies of marriage and divorce or death certificates for all previous marriages involving yourself and your spouse.· Copies of all of your forms and related documentation (specifically: I-129F Receipt, Form I-134 Affidavit of Support, DS-160 Confirmation Page, other submission receipts, appointment notice, your fiance’s non-expired medical and certified police record)· Documentation proving the nature of your relationship. This can include but is not limited to: photos with fiancé(e) on various trips, engagement celebration, proof of engagement ring purchase, announcement to friends/family, affidavits from friends/family/employer, previous travel itineraries, phone records demonstrating regular communication, letters to and from fiancé(e) (regular and special such as birthdays or anniversaries).‡ A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.· Check the embassy website for your country to see if additional documentation is required for your location.Finally, prepare for the interview itself—This is crucial, especially in the current political climate. Although exact numbers are hard to come by, I have read that anywhere from a quarter to one-third of visa applications are denied at the interview stage. This varies widely depending on the consulate, consular officer and country from which you are applying. Unfortunately, many people are denied visas due to unpreparedness or nervousness at the time of the interview. It is understandable: a lot is riding on one quick interview. I have found a service that seeks to increase your chances of a successful interview by connecting applicants with experienced former foreign service officers for one-one-one practice interviews. Check out the website here: www.visapreponline.com and let me know what you think. I wish I had known about this service several years ago?Please keep us updated and good luck?
How long does the K1 fiancee visa process take?
Hi? You can also check processing times here USCIS Processing Time Information. At the California Processing Center, they are currently processing applications filed May 1, 2021. So If you submit your application December 1st, you can expect about a 7 month wait before you hear back. I have answered similar questions, so some of this will be copy and past but still very relevant to your inquiry.Having served as an Executive Assistant for a former US Department of State Foreign Service Officer and Consular Officer, as well as worked in an immigration law firm and for an immigration help center, I believe I can help. This does not serve as legal advice as I am not an attorney. While form instructions are available on the USCIS website for each form, immigration law firms also often provide free 30 minute consultations.The fiancé visa is has an unusual visa application process as it is technically a temporary non-immigrant visa, lasting only 90 days. During this time the fiancé and U.S. citizen sponsor are to be married and she will adjust status from the US.You are required to complete Form I-129F, Petition for an Alien Fiance. A money order of $535, made payable to the “U.S. Department of Homeland Security” is required at the time of submission. It is crucial that you make the money order payable to “U.S. Department of Homeland Security” rather than USDHS or any other variation. You can staple the check to the application at the time of submission. See this USCIS website to find where to submit the application: Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e).Once you receive the USCIS submission receipt, you can complete form DS-160 online with the receipt number. After that is submitted, you will acquire documentation to prove the nature of your relationship as well as Form I-134, Affidavit of Support. At this point you will need to acquire documentation specific to the Embassy/Consulate your fiance will be interviewing. Here are some basic ideas regarding what to bring and how to bring it:· Organize your documentation and label it so that it is easy on the Consular Officer’s eyes. Remember, he/she handles countless interviews a day. Make this one easy on the consular office. If you want to would recommend what many law offices do: Create a table of contents; separate each section with a different color of paper which has the section labeled. This makes it easy to thumb through; bind the papers neatly together with a clip or fastener.· Form I-134 as well as proof of your income as a Legal Permanent Resident such as taxes from the last 3 years. Search USCIS I-864P, HHS Poverty Guidelines for Affidavit of Support, to see if you meet the financial requirements to sponsor your fiance. If you do not, you will need a co-sponsor.· Copies of marriage and divorce certificates for all previous marriages involving yourself and your spouse.· Copies of all of your forms and related documentation (specifically: I-129F Receipt, Form I-134 Affidavit of Support, DS-160 Confirmation Page, other submission receipts, appointment notice, your fiance’s non-expired medical and certified police record)· Documentation proving the nature of your relationship. This can include but is not limited to: photos with fiancé(e) on various trips, engagement celebration, proof of engagement ring purchase, announcement to friends/family, affidavits from friends/family/employer, previous travel itineraries, phone records demonstrating regular communication, letters to and from fiancé(e) (regular and special such as birthdays or anniversaries).· Check the embassy website for your country to see if additional documentation is required for your location.Finally, prepare for the interview itself—This is crucial, especially in the current political climate. Although exact numbers are hard to come by, I have read that anywhere from a quarter to one-third of visa applications are denied at the interview stage. This varies widely depending on the consulate, consular officer and country from which you are applying. Unfortunately, many people are denied visas due to unpreparedness or nervousness at the time of the interview. It is understandable: a lot is riding on one quick interview. I have found a service that seeks to increase your chances of a successful interview by connecting applicants with experienced former foreign service officers for one-one-one practice interviews. Check out the website here: www.visapreponline.com and let me know what you think. I wish I had known about this service several years ago?Please keep us updated and good luck?
What do I need to sponsor my spouse? I'm a US citizen. What are the requirements?
In order to sponsor your foreign spouse, you need to prove that you meet 125% of poverty for your household size based on the latest I-864P table by USCIS. Form I-864P, 2021 HHS Poverty Guidelines for Affidavit of SupportYou need to complete an I-864 (affidavit of support) Affidavit of Support Under Section 213A of the INA. or I-864EZ, Affidavit of Support Under Section 213A of the Act (if only sponsoring one person, not using any assets or non using a co or joint sponsor) during the National Visa Center phase of the spouse visa process.You need to provide supporting financial documents to prove that you meet these requirements.See the documents required on the US Department of State website. Step 4: Collect Financial DocumentsI write free information and articles on the US fiancé and spouse visa processes along with adjusting to new life in the USA on my website and blog. See my website and blog in my biopage.
Is it possible for a citizen to sponsor a visa for a spouse who is unemployed?
The foreign spouse’s employment is not a factor.The U.S. citizen petitioner/sponsor needs to meet a yearly income of 125% of the National poverty level based on the I-864P for the last tax year. The sponsor can show the last 3 years as an option. Form I-864P, 2021 HHS Poverty Guidelines for Affidavit of SupportHowever, if the US citizen is an active duty armed service personnel, then they only need to meet 100% of poverty.If the US citizen sponsor does not meet the income requirement, they can also use a cosponsor or joint sponsor. In addition to income, assets may be used to satisfy the income requirements. However, assets are worth 1/3 value as income for a Petitioner sponsor and 1/5 value for a cosponsor or joint sponsor.I write free information and articles on the US fiancé and spouse visa processes on my website and blog. See my website and blog in my biopage.