# Immigration by marriage



## Camden04 (Mar 1, 2013)

I'll try to keep this simple and I've searched for previous threads but found nothing. 

A friend of mine (USC) is married to a non USC and they've been married for about 12 years. Previously she applied for him, he was on a work visa (no green card) but they had some really bad marital issues and she withdrew her application. It was denied of course, due to the withdrawal. That was about 5 years ago and now she wants to apply again with the I 130 I believe but is afraid it will get rejected based on the previous denial. 

Any help/advice is appreciated.


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## Camden04 (Mar 1, 2013)

Also, can anybody speak from experience the I-864 being waived if the spouse being applied for has more than 40 work credits? That is their case.


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## Bevdeforges (Nov 16, 2007)

Just a quick question: where are your friend and her spouse currently living? And if they are in the US, what sort of visa is the spouse on?
Cheers,
Bev


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## Camden04 (Mar 1, 2013)

They are in Dubai but they do own a home in the US they are renting out.


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## Camden04 (Mar 1, 2013)

And the spouse is Canadian.


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## Bevdeforges (Nov 16, 2007)

The fact that they got back together again and have stayed together for a few years certainly counts in their favor. The key thing, I suspect, is going to be for the wife to show that she can sponsor her husband - mainly by having a job in the US or having an adequate co-sponsor. 

If they question the withdrawal of the previous application, they simply need to tell the truth.

But, let's see what some of the folks in the US currently have to say about this one.
Cheers,
Bev


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## Camden04 (Mar 1, 2013)

Thank you  

Specially wanted to know if there is a denial without prejudice clause or something to that effect, which enables them to reapply, it would be pointless to go back and appeal the denial since the time frame for that has definitely expired, but they might indeed have a spot that says have you ever applied before, etc. 

The wife co owns (and pays taxes on) a successfully operating business in the US so I don't think income is an issue.


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## twostep (Apr 3, 2008)

Why was the petition denied when the US spouse withdrew the application? All they have to do is apply and jump through the hoops. I have not heard of a waiver for Affidavit of Support based on employment quarters.


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## Camden04 (Mar 1, 2013)

I'm so confused I gave up trying to help...


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## twostep (Apr 3, 2008)

Camden04 said:


> I'm so confused I gave up trying to help...


Why? She has to sponsor her husband. Where is the problem? It is called CR1 or DCF depending on the location. I do not know if Dubai still offers DCF.


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## Camden04 (Mar 1, 2013)

twostep said:


> Why? She has to sponsor her husband. Where is the problem? It is called CR1 or DCF depending on the location. I do not know if Dubai still offers DCF.


Yes, it's CR1. No, Dubai doesn't offer it, neither Abu Dhabi, they only do the K1. So it looks like she would have to either return home or have someone receive the paperwork in the US for them. It just looks like such a long and tedious process.


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## Camden04 (Mar 1, 2013)

twostep said:


> Why was the petition denied when the US spouse withdrew the application? All they have to do is apply and jump through the hoops. I have not heard of a waiver for Affidavit of Support based on employment quarters.


Do you mean apply again just like a new application? I think that's the route they're going. She told me specifically that there was a letter saying denied because she withdrew, I don't see how they could leave it pending at that stage. In any case he left shortly after that (for different reasons) and she followed appx. a year later.


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## Camden04 (Mar 1, 2013)

It says the I864 can be waived if the immigrant ( that is my understanding, but I could be incorrect and it could mean the petitioner) has earned 40 or more credits. (I864w). This applies in their case since the husband worked legally in the US for about 15 years and they had to check their credits for another reason, so they're sure.


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## twostep (Apr 3, 2008)

Camden04 said:


> Do you mean apply again just like a new application? I think that's the route they're going. She told me specifically that there was a letter saying denied because she withdrew, I don't see how they could leave it pending at that stage. In any case he left shortly after that (for different reasons) and she followed appx. a year later.


There is a difference between denial because of sponosr withrawal and denial per say:>)


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## twostep (Apr 3, 2008)

Camden04 said:


> Yes, it's CR1. No, Dubai doesn't offer it, neither Abu Dhabi, they only do the K1. So it looks like she would have to either return home or have someone receive the paperwork in the US for them. It just looks like such a long and tedious process.


K1 - fiance visa. Marriage within 90 days of arrival in the US.
Well, it is the same process for everyone. Look at some other countries and this is easy.


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## Camden04 (Mar 1, 2013)

twostep said:


> There is a difference between denial because of sponosr withrawal and denial per say:>)


Yes it was only because of the withdrawal.


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