Income requirements

Since the waiting game for Beloved’s naturalization has well and truly started, I’ve been looking into the details of the CR-1 spousal visa (and green card). Filing a petition for a spouse to be allowed to immigrate, has requirements for the petitioner. The petitioner must have, or must at the time of immigration, established domicile in the US. The legal definition of establsihing domicile for immigration purposes is vague.

There is also an income requirement. Which isn’t unreasonable in and of itself, of course. But it’s somewhat problematic if the petitioner is planning to go to grad school, instead of working. Now, the income requirement can be fulfilled by owning ” immediately liquifiable assets”.  But the definition of “immediately liquifiable”  is also vague. And do assets abroad count? Or not?

I had expected us to be able to do the entire visa process ourselves (I consider myself a red-tape adept, honestly), but we may have to consult a lawyer on all this. If our understanding of legal definitions differ from the understanding of the immigrations people, our petition could be denied for nothing more than having money in the wrong type of bank account.

Eh. Better go learn something more about finance.


2 Responses to “Income requirements”

  1. 1 Kyla (@kahlia) June 12, 2012 at 1:45 am

    According to our immigration lawyer, the American must live in the US at the time of filing, but it doesn’t say you can’t move back to another country after that. (So you buy Beloved a one-way ticket to come visit the US, then he changes his mind & later buys a one-way ticket back to where he came from.) So here’s a suggestion for how to deal with Beloved having a US address:
    1. Hire a lawyer who lives near a friend or family member whose US address you can use. (Doesn’t matter if they’re in the same place as you will end up when you arrive here.)
    2. Having previously prepared all paperwork ahead of time (including things gathered from various foreign countries, such as a statement declaring that you do not have a police record from the local authorities of every place you’ve lived), go visit that friend or family member in the US.
    3. Sign the paperwork in front of the lawyer while in the US & have the lawyer mail it before you leave town.
    4. Leave extra $ with your friend or family member for mailing you anything that comes in your name & go back home!

    • 2 thesmittenimmigrant June 12, 2012 at 8:30 am

      Yes, totally! That’s good advice for so many US services.We tend to use Beloved’s parents’ address for these kinds of things (birth certificates, FOIA Requests, etc.). For USCIS, though, it is actually recommend that we file from abroad to do the CR-1 / IR-1 petition. For a K1 he would have to have residence in the US already, which is when we would use the strategy you explain.

      USCIS denies expediting foreign-filed CR-1 petitions, but I hear from so many people who file from abroad that their cases are handled much faster than the average that I think USCIS is just trying to keep things on the down-low.

      Heh. Before filing the immigration petition, I’m sure we’ll talk to a lawyer again, just to make sure we get as much advice as possible. Then we’ll also get into the nitty-gritty of starting to establish residence (which he will have to do before I can get into the country, but I’m allowed to enter when he does once the petition is approved). Hopefully a grad school acceptance letter will help a lot 🙂

      Also, I just realized I have a half-answered e-mail for you in my drafts folder. I’m sorry! I never got around to finishing and sending it, but I’ll get on it asap!.

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