Post Marriage Immigration forms

[borreman]

What is the name of your state? Nevada

I just got married. My US wife is going to sponsor me to stay here in the US. I think we need to file for:

An I-130
An I-485
An I-864
A G-325A
An I-765

Questions:

1) Does she need to file the G325A as well ?
2) Any difference between the forms G325, G325A, G325B, or G325C ?
3) We used to work on cruise ships for the past 4 years, so we dont have any residence beside her mother's address. Would that be a problem?
4) She does not have a 2004 Tax return form because everything was under her ex-husband's name. Will that be a problem or do we only need to send the 2005 and 2006 tax returns?
5) Her 2005 tax return forms shows income of $25,000, but her 2006 tax return only shows $11,000 (we traveled the world together most of that year and then she opened a business which made the said 11,000 in the last 4 months of the year). Since January 2006, her income from the business has gone a lot better, making easily 6,000/month. However, we have nothing to prove that yet, since it will only show in the next year tax return. Anything we can send along with the petition? She also owns a condo in CA in which she has $50,000 in equity. Based on these info, will they accept the petition eventhough her income for 2005 is below the 125% of poverty line?

Thank you for your help!

 

[ImmigAttyLana]

The 2006 is the relevant year at this point and if her income is not sufficient, and you do not have a steady income, then you may need to get a co-sponsor.

Yes, she will have to complete G-325 as well.

As for the residences, if you lived on the ship, then indicate that. Since you were sometimes on land as well over the course of the past 5 years, you should indicate the address when you were "home".

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[borreman]

Thank you for your information. In understand that the year 2006 is what matters, but wouldnt be the year 2007 even more important? We have become financially stable since January 2007 because of the growing business. So nobody is allowed to travel and take a year off before getting married?

The petition also states that if we can prove asset, the petition would likely be accepted. Showing equity in a house will not work ?

How do we get a co-sponsor and what are the requirements and consequences?

 

[ImmigAttyLana]

If you are going to use assets instead of income to qualify, it has to be a certain number of time the difference between what your actual income is and what the required income as per the federal poverty guidelines. It is not clear to me that what you have is sufficient.

If you do get a co-sponsor, that person would have to provide his/her proof of income, tax return and employmen verification and must be a US citizen or LPR and sign the affidavit of support.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[borreman]

Thank you Lana! Is there a way to reach you to talk privately in case I needed your help to determine whether or not what we have is enough?

 

[ImmigAttyLana]

Yes, of course. You can contact me via email at toblerone109[@]gmail.com and I can give you further contact information, if you like.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[AHA]

I just got married. My US wife is going to sponsor me to stay here in the US.
3) We used to work on cruise ships for the past 4 years,

What kind of visa did you enter the US on?

 

[evcalyptos]

Thank you for your information. In understand that the year 2006 is what matters, but wouldnt be the year 2007 even more important? We have become financially stable since January 2007 because of the growing business. So nobody is allowed to travel and take a year off before getting married?

The petition also states that if we can prove asset, the petition would likely be accepted. Showing equity in a house will not work ?

How do we get a co-sponsor and what are the requirements and consequences?

Your CURRENT income is most important. If the non-USC is earning legally, their income may be included. If youa re self-employed or own the business, go overboard with evidence.
I was unemployed for a couple of years while traveling and still managed to sponsor my spouse.
We used assets, and equity in my US home was a big part of it. The threshold is lower now when using assets--for a spouse, you only need to use the 3X formula (vs 5X). Reading I-864 will make that very clear..

Consider a Joint Sponsor only if your current income isn't sufficient or you think the business looks too shaky on paper.

AHA's question is a good one, btw. If you entered on your crew visa, you might not be allowed to Adjust Status.

 

[borreman]

Thank you for your help. I entered on a tourist visa, with the I-94 expiring in 2 weeks. As far as the business is concerned, shehas started to make some great money in 2007 only, so I don't know what official prove I can bring besides some P&L, since it will only show in her 2007 tax return... We are thinking of using her mom as joint sponsor, she has had the same job for 35 years without moving. Smart move?

 

[ImmigAttyLana]

Yes, it is definitely a good idea to have her mother be a joint sponsor.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.