Thursday, July 29, 2010

Proof of income is necesarry for filling a visa petition for spouse to the US?

My husband and I are married for 2 years. This year in December we'll have our 3rd anniversary. He is American national. I am not. We have not applied for visa yet because he does not have proof of income. We have two children, both American citizens.


I was told that he needs to provide proof of support for me. I read the US government website to check for petitions, but I could not figure out.


Could you please help me with more detailed information?


Thank you!Proof of income is necesarry for filling a visa petition for spouse to the US?
Yes, the Affidavit of Support (I-864) is necessary form in a spouse visa petition to be filled up and sign by your husband and he will provide the required proof along with the form which is his latest Income Tax Return, W2s and Certificate of Employment.There is a required income which should be 125% of Poverty Guidelines depending how many dependents your husband has.Unless your husband is in the military which the required income should be 100% of Poverty Guidelines.





For the I-864 instruction:





http://www.uscis.gov/files/form/I-864.pd鈥?/a>





For the 2009 Poverty Guidelines:





http://travel.state.gov/visa/laws/telegr鈥?/a>





In case that he lacks in the income, he has the option to find a relative who can also be a co-sponsor so he will meet the 125% Poverty Guidelines income requirement.Proof of income is necesarry for filling a visa petition for spouse to the US?
He not only needs to prove he can support you. By having 2 kids in 2 years of marriage, you have raised the bar for the income requirements. He has to prove he can support 4 people. That's a significant increase in income requirements that he faces.





What is now %26amp; has been your status for all this time? If you are here illegally, you have to return to your own country. If you came legally but overstayed, you need the funds for a fat fine plus all the paperwork costs on top of sufficient income for support.





From what you say here, it sounds like you have made a right proper mess of this, and it looks like you need a great deal more money and income than you planned.
Proof of income is not required to simply send in an I 130 or 129f petition, however, once that form in approved then would need the I 864 form to show you can financially support the spouse. If your income does not meet the qualifications you can use assets, and if no assets then you need a co sponsor.
Form I-864.





http://www.uscis.gov/portal/site/uscis/m鈥?/a>





The instructions and all give you lots of information about requirements.





I just went through all this. If you need any help, feel free to email me. I'm happy to help to save others the trouble I went through.
i believe u will have to file an I-864





use the website to help u! im not sure tho because i know this is for residency but not sure if its the same process w/ visa

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