Apply for US dependent visa

[premsh]

What is the name of your state (only U.S. law)? Washinton


Hello everyone,

I am asking this question on behalf of my sister.

My sister is a Greencard holder of States and her spouse is ILR of UK. My sister would like to apply for dependent visa for her spouse. However, my sister doesn't have any income of her own as she is trying to get into grad med school. I could also be a co-sponsor.

Is this an issue? Can this be any better, if yes how?

She is going to apply for dependent visa for her spouse now. In couple months she will find out whether she gets to enroll in med school or not. If she did, awesome, the application will keep on going and when approved her spouse will come to States. However, if she didn't get into grad school, she would like to try to get into med school in UK by getting dependent visa of UK through her spouse.

If she did so, is that going to affect application process that she has started in United States for her spouse? To maintain her status as Greencard holder or to keep the application process sane, does she have to keep visiting United States, if yes, how often that needs to be?

Since I have explained the scenario, any other suggestions/recommendations along with answer to above questions will be highly appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washinton


Hello everyone,

I am asking this question on behalf of my sister.

My sister is a Greencard holder of States and her spouse is ILR of UK. My sister would like to apply for dependent visa for her spouse. However, my sister doesn't have any income of her own as she is trying to get into grad med school. I could also be a co-sponsor.

Is this an issue? Can this be any better, if yes how?

She is going to apply for dependent visa for her spouse now. In couple months she will find out whether she gets to enroll in med school or not. If she did, awesome, the application will keep on going and when approved her spouse will come to States. However, if she didn't get into grad school, she would like to try to get into med school in UK by getting dependent visa of UK through her spouse.

If she did so, is that going to affect application process that she has started in United States for her spouse? To maintain her status as Greencard holder or to keep the application process sane, does she have to keep visiting United States, if yes, how often that needs to be?

Since I have explained the scenario, any other suggestions/recommendations along with answer to above questions will be highly appreciated.

Because of the myriad possibilities and intricacies, she really needs to consult an immigration attorney before she makes any decisions which may put her residence in jeopardy.

 

[OHRoadwarrior]

It would be very foolish for you to provide an Affadavit of Support, I-864. You will be guaranteeing to support her hubby at 1.25% of the poverty rate and assuring reimbursement to the gov't should he become a public charge. If they divorce next year, your obligation will still be in force.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider your income and assets to be available for the support of the intending immigrant.

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits, if the State or local government's rules provide for consideration ("deeming&#8221 of your income and assets as available to the person.

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

Your obligation to support ends if the person you sponsored:

1. Becomes a U.S. citizen;

2. Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

3. No longer has lawful permanent resident status, and has departed the United States

4.Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

5.Dies.

Note that divorce does not terminate your obligations under this Form I-86

http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

 

[LdiJ]

Because of the myriad possibilities and intricacies, she really needs to consult an immigration attorney before she makes any decisions which may put her residence in jeopardy.

Ditto this, absolutely. Its also a serious issue to contemplate when professional people/or potentially professional people from different countries marry and have children...particularly if their children end up being citizens of countries where neither of them are citizens. While the parents may have options to move somewhat freely between countries due to their profession, taking or not taking their children with them can be highly complicated if they divorce.

As far as the OP sponsoring her sister's spouse, the risk involved there could highly depend on the spouse's potential employability. Assuming that her sister married someone who is also on a professional career path that translates to the US the risk might be minimal. Otherwise, the risks might be huge.