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KWaps

Living abroad and sponsoring spouse for CR-1

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I am a US citizen residing abroad the last 16 years. Started process to get husband of 15 years a green card (filed I-130). I have been a stay-at-home mom for almost 6 years and have had $0 income. None of the information I have found relates to a US citizen sponsor living abroad with no income wanting to move back to the US with her family. Questions:

1) How can I sponsor my spouse when we are a single income family, our income is from the non-US citizen being sponsored?

2) How can I prove US domicile when I've lived abroad for 16 years and I only intend to move back to the US if/when my spouse's Permanent residency is approved? We have 3 small children and I would never be able to move to the US first, not knowing when he will get approval and be able to follow us (all 3 kids are US citizens already).

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Filed: K-1 Visa Country: Wales
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Savings or a joint sponsor.

You may have to move back first. Some Consulates will accept evidence showing your intention to return.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is his job coming with him? As in is his work transferring him the USA? That is one way you can use his income. Many others use a cosponsor who meets the income requirements. If you have assets that can readily be turned into cash, that can be used to show the immigrant will not become a burden, but with zero income, that would be a lot of assets.

A rental agreement on a place to live is one way to show you will be returning. Or even establishing that you'll be moving in with a family member initially when you return.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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I am a US citizen residing abroad the last 16 years. Started process to get husband of 15 years a green card (filed I-130). I have been a stay-at-home mom for almost 6 years and have had $0 income. None of the information I have found relates to a US citizen sponsor living abroad with no income wanting to move back to the US with her family. Questions:

1) How can I sponsor my spouse when we are a single income family, our income is from the non-US citizen being sponsored?

2) How can I prove US domicile when I've lived abroad for 16 years and I only intend to move back to the US if/when my spouse's Permanent residency is approved? We have 3 small children and I would never be able to move to the US first, not knowing when he will get approval and be able to follow us (all 3 kids are US citizens already).

How about checking to see if the embassy where you reside accepts Direct Consular Filing?

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No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

Edited by KWaps
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No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

Many have done the same thing, don't lose hope. I'm sure someone who has been through it will let you know how they proved returning to live with family. Likely an affidavit signed by the family member you'll move in with. The big issue is if a family member will cosponsor the visa, or if you have enough assets. If you have a home there you will be selling, the equity part of that can be used. Read the I-864 instructions on what you'll need to use that.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: IR-1/CR-1 Visa Country: Croatia
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No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

How is it a catch 22?!

You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?

Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.

Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....

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Because you will be moving on an immigrant visa, your husband start looking for jobs right away. He cant be paid until he has his SSN but that either comes within a few weeks or you can apply for within a few weeks

It can be difficult for families to move when the non-USC is the main breadwinner, but many people do it. NOLA on the board had exactly that issue too and needed a joint sponsor.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Your husband will have 6 months from the medical date in which to activate his visa. That gives time to pack up, sell the home, and prepare for the move.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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It's not a Catch-22. They will accept a signed job contract as proof of income. So - get a job, and use that. If you can't get one, you need a sponsor.

Not really, a job contract is not ongoing and current income, it's potential income.

As a SAHM and single income family, a joint sponsor is probably a better idea for their family.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I believe the catch 22 here is you have to show youre reestablishing domicile but how do you do that when you cant quit jobs or sell homes before the visa is issued.

Thankfully there are other ways to help reestablish domicile and I don't believe Australian consulates are that strict.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (apr) Country: Saudi Arabia
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How is it a catch 22?!

You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?

Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.

Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....

Ok, OP stated that they will move here and live with the parents until they get on their feet and the husband gets a job. Let's not assume they want to move here to live off of welfare and get food stamps. Sadly it isn't the immigrants that usually end up on food stamps and welfare. It's the citizens of the US that take advantage of the system.

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

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Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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Filed: AOS (apr) Country: Canada
Timeline

Our situation was slightly different since it was for a K1, but he had been living with me in Canada for 5 years. We did have a problem with domicile which I was lucky enough to fight out with the CO at the embassy. The CO said 90% of the time the USC has to return to the US first for 6 months. I'll list what we did to help.

We set up an online US bank account and started putting money into it when we applied for the visa, the CO said this majorly helped. We used his parents address for the account until we moved. You can do this for both a chequing and savings account.

We got his parents to write up a lease saying that we would be staying with them until we found our own place. He was planning on temporarily working with his Dad, so he also wrote up a job offer.

We showed that his work visa was expiring in 2015, and we withdrew his permanent residency, since after moving he wouldn't qualify for it. Not sure what your legal status in AU is?

Some stuff we've seen done here on the forum is depending on how old your children are, start contacting schools about enrolling them. Contact leasing and home companies and start searching for homes. You can do the same for cars. You can also do this for health insurance. The more it looks like you're trying, the better the chances. Don't be surprised if they do make you move back first though.

Met 2008. Moved in together 2010. Married 2015. Baby Z joined us 2017 . :wub:

AOS Timeline 350 days

 

May 31/15 - Sent AOS/EAD/AP to USCIS

June 4/15 - Email and text notifications they were recieved

June 10/15 - NOA1 for AOS/EAD/AP Dated June 1

June 17/15- Change of address confirmation

June 22/15- Biometrics appointment received

July 1/15- Biometrics appointment done(5 minute appointment, 8 hour round trip drive <_< )

August 5/15 - Change of address submitted for new location

August 8/15 - Mobile/E-mail notifications for approved EAD/AP :)

August 17/15 - Change of address confirmation after calling in

August 17/15 - EAD/AP Combo card mailed out(To the wrong address, and then lost by USPS)

September 3/15 - Contacted USCIS and was told to re-apply with a new application and fees?! Put in a service request online for lost card, and a complaint

September 8/15 - USPS found & returned card to USCIS

September 15/15 - Ombudsman contacted USCIS

September 17/15 - Card mailed back out

September 19/15 - EAD/AP Combo card finally in hand

September 22/15 - NPIW letter received, dated September 9/2015 estimated 6 month wait

October 13-21/15 - Traveled using AP to visit parents & ship the rest of our belongings out west

November 27-30/15 - Traveled using AP

December 28/15- RFE hard copy, waiting on documents from Canada

January 31-February 7/16 - Traveled using AP

February 10/16 - Sent in RFE, delivered Feb 16

April 16/16 - Service request filed, RFE was never updated online

May 12 - Approved email and status update dated May 10. Service request never was assigned or solved, though.

May 14 - Greencard in hand!

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Canada is probably more strict on domicile than almost anywhere else in the world. Overseas people rarely have too many issues. But in all honesty, we share not one, but two borders with the USA so I completely see why they are that strict.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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