How can I get my family back? How can I get my wife back to the USA.

7 views 5 answers
My wife and I have been married for 8 years. We were married in Denver, moved to Peru after. We filed our paperwork, at the end the embassy in Peru said no on the affidavit of support, I didn't make enough. I traveled a lot and took seasonal jobs. I canceled the paperwork and they told me it was being sent back to the USCIS and I could continue there if I chose to. I have a lot of questions....is there another way now to go around the affidavit? Can she get a visa to come here and finish paperwork with a lawyer. My kids have dual citizenship. I need them here with me. I'm tired of traveling back and forth. This is BS that my government can do this to me and then turn around and let every single illegal immigrant in or pardon them.

Attorney Answers

5
George Henderson ·
It sounds like an immigration law question. So your wife is not legal in the US? Can you not petition her? One of our immigration attorneys here on will assist you I'm sure.
0 upvotes
Hany Brollesy ·
There is no way around the affidavit of support requirement, other than getting a co-sponsor who is a U.S. citizen or permanent resident.
0 upvotes
Alexander John EiffeImmigration AttorneyGreensboro, NC ·
Many people face and solve this problem with the help of a joint sponsor who does make enough money. You should speak to an immigration attorney to help you with this. As long as you have a willing U.S. citizen or Lawful Permanent Resident family member, friend, neighbor, boss etc... who can act as a joint sponsor your income should not hold you back from successfully bringing your wife to the U.S. as an LPR. Good luck.
0 upvotes
Dyan Williams ·
You mentioned that you "canceled the paperwork" after the US Embassy found you did not make enough income for the Affidavit of Support (Form I-864). If you withdrew the I-130 petition or immigrant visa application, this likely complicated the case further. Normally, the US Embassy does not automatically deny the immigrant visa just because you do not earn enough income. Instead, it gives you the opportunity to supplement the income through a joint sponsor or through your assets. You said your case was being sent back to USCIS. Sometimes the I-130 petition is returned to USCIS for revocation, but the petitioner's inability to sponsor the spouse is not typically a sufficient reason for revocation. You first need to find out the status of the I-130 to determine whether your wife may reapply for an immigrant visa. To qualify for a family-based immigrant visa, your wife must show that she will not become a "public charge." If the US Embassy finds that she is inadmissible because she is likely to become a public charge - i.e. primarily dependent on the US government for subsistence - it cannot issue the visa. If you (US citizen petitioner) do not earn enough to sponsor the visa applicant, you must: 1) Get a joint sponsor who is at least 18, is a US citizen or permanent resident, and meets the minimum income requirement for his household size, to submit a Form I-864 (See http://www.uscis.gov/i-864); OR 2) Submit additional evidence showing you have assets (e.g. bank accounts, property) that can be converted into cash and is worth five times the difference between your household income and the minimum income requirement. To sponsor you wife on the Form I-864, you must earn 125% of the HHS poverty guidelines for your household size. If you need a joint sponsor, he must show he meets the minimum income requirement for his household size as well. (See http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf). There is no way around the Affidavit of Support requirement. If you do not meet the minimum income requirement, you must get a joint sponsor or show you have enough assets that can be easily converted into cash to make up for the difference. It will be difficult for your wife to get another visa, such as a visitor's visa, because she has already shown she has immigrant intent. Most likely, her best option is to re-start the immigrant visa process and have you correct the Affidavit of Support problem. Consult an immigration attorney for specific advice and guidance on how to revive the immigrant visa case.
0 upvotes
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
Unfortunately, the law to which you refer is not BS. And yes, there are steps that can solve your problem. First, you should become employed. If you do not make enough money, you will need to find a third party, preferable a relative to sign an Affidavit of Support. There are other steps to be taken to bring your wife to the US, but they will required the assistance of an experienced immigration attorney. Do not delay in consulting one.
0 upvotes