usa visa

gubby

not sure if this is the correct forum so mods please move. My son got married to a american girl last April 2011 so its been over 1 year since their wedding. He is still waiting for his visa to go and join her. It is very hard for them to continue their relationship. However, my question now is: It seems now that she is not earning enough to "support" him as she is a student. (she is 29 and he is 26)
There seems to be a possibility that someone else ie american citizen could also sponser him. I cant find any refrense to this online and just wonder how it would work as I do have a sister (who is retired) and nieces and nephews over there but not sure what exactly they would have to commit to before I ask them.
Can anyone advise??

gubby

Anyone ??? I really need to know what is involved before I ask my sister in the US if she can help

Corrimbla

Only direct family such as parents and children qualify for the type of sponsorship visa you are asking about - this route to apply for greencards is very difficult and often takes up to 6 years to achieve. I dont see why he cannot get a spouse visa to move to the states but may not be able to work legally on those visas. He should qualify for a greencard if he is married to a US citizen and everything is above board. I would get advise from an immigration attorney if I was you.

gubby

thanks corrimbla for your reply. the reason he asked me if I would ask my sister is because his wife is a student who also lectures to help pay her fees. she is only earning $12,000 pa and she has been told that she would need to be earning at least $19,000 to get him into the US and for him to be able to work. She seems to think that if there was someone else who would sponsor her for the balance it might work.
Do you have any idea how much an immigration attorney would cost?

silja

Don't get an attorney, they will slow things down and cost a lot of money.

Anyone who is a greencard holder or US citizen and living in the USA can be a co-sponsor (his US fiance would still be primary sponsor)- family from either side, friends, co-workers. They don't even have to live near the couple. Their obligation is NOT to the couple- they will not have to pay any debts the couple may incur- but to the US government. Basically, if the couple were to fall on hard times and the foreigner gets public assistance, the government wil want that paid back. They will first try to get the money from the primary sponsor- the wife- and if she cannot pay, from the co-sponsor. The obligation lasts til one of these things happens:
- The foreigner works and pays taxes for ten full years
- The foreigner becomes a US citizen (which can happen as quick as three years after marriage)
- THe foreigner leaves the USA and renounces his greencard
- the foreigner dies

How much the co-sponsor needs to make depends on his household size. If they are single, as you mention, it is just under $19'000. Add roughly $5000 for every extra household member (child, wife, other dependants).

gubby

thanks so much for reply silja. They are actually married since April 2011 so it has been over a year since she has applied for a visa. I am just wondering if there is any way of speeding up this process as though I would hate to see my son leave Ireland his life has been on hold for such a long time.

silja

It is unusual for the process to take this long if they have done everything right- 6-8 or 9 months is more usual. Did they get an RFE (Request for Additional Evidence)? What stage are they at?

Usually it goes something like this:
- Petitioner/ wife sends in I-130 petition paperwork.
- 2-3 weeks later: gets NOA1 (letter to say USCIS got petition)
- wait 5-6 months
- Get NOA2 (letter from USCIS saying petition is approved)
- Case goes to NVC. Petitioner sends in I-864 (affidavit of support) and other docs
- 2-4 weeks later, case goes to Embassy, embassy sends info letter to beneficiary
- Beneficiary (husband) sends in docs, arranges medical appointment.
-4-8 weeks later, interview.
- If approved, passport with visa is sent by post to beneficiary. Beneficiary has 6 months to use visa.

If their case has been as USCIS more than 6 months, the wife/ petitioner should call them and ask for a service request (basically asking what is going on). If no joy, she can also contact her Senator and Congressman/ woman to enquire on her behalf. If the hold-up is the I_864/ finances, then there is nothing to do but find a co-sponsor, or sponsor on assets (need x3 as much as income).

InTheTrees

silja wrote: »

It is unusual for the process to take this long if they have done everything right- 6-8 or 9 months is more usual. Did they get an RFE (Request for Additional Evidence)? What stage are they at?

It does seem like a long time.

Have they made any contact with the Embassy to check on progress?

gubby

Case goes to NVC. Petitioner sends in I-864 (affidavit of support) and other docs
I believe this is where they are. however, the problem (original post) that is worrying them is that she is not earning enough according to the visa/embassy? I am wondering how strict are they on this as she is out by about 7k per year. My sister is willing to co sponsor but she is retired now but does own her home. would this work? and what exactly would my sister need to send in? thanks everyone for your comments :-)

silja

They are very strict- they cannot use their discretion if the petitioner is even one dollar below the minimum. And unfortunately the delay in getting the visa is up to them- ie the financial issue- so no way to speed things up.

Your sister, if living in the USA, is a possibility as a co-sponsor (the US wife is still primary sponsor and needs to fill in a I-864 too). Her house likely will not be counted, assuming she is living in it, as assets can only be used if they "can be liquidated within one year without undue hardship on the sponsor", and selling the house she lives in would obviously cause hardship. If she has a second home though, it would count, as would a second car, savings etc.- and of course her pension/ any other income. Your sister would need to send 3 years tax returns and proof of her income/ assets; in the case of the house that is a recent evaluation done by a licensed appriaser; for a pension some check stubs or bank account details showing the money comes in monthly etc.