Help me understand cR1 visa

[GJen 9]

Hey guys

I need some help from y'all. I have a friend in Venezuela who applied for a CR1 Visa, they got married in Venezuela. The husband (US citizen) has never lived in the US. He has his US passport and he has family in New York, but that's it.

My question is, does he have to be living in the US in order to file for her? Does he have to have a job or can someone else sponsor them? (Such as a family member) if he does need to have a job what's the poverty line he needs to meet in order to file for her? (They don't have any kids) and my last question, If he is required to have a job, is he required to have it for a certain period of time before he can file for her?

[Ryan H 3,791]

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

Answers:

• He does not need to be living in the US at the time the petition is filed; however, he will need to establish domicile in the US at a later point in the process.
• If he doesn't have a job or sufficient assets to qualify as a sponsor, then someone who does qualify may act as a joint sponsor. He will still be required to complete the I-864 because he will be considered the primary sponsor even if he doesn't qualify.
• He is not required to be employed or to have been employed for any length of time in order to file.

[Harpa Timsah 13,258]

Hey Gjen, I remember you.

Your friend probably has not filed US taxes, and legally he is obligated to. They will ask for proof of filing for the visa, so he must do this.

He can get a joint sponsor or use assets. He'd need a US job, which he doesn't have, so he can't be the sponsor unless he has assets.

He can also either move to the US before her or try to prove his "intent to establish domicile" by getting an apartment, applying for jobs, etc, and then move with his wife together.

[GJen 9]

Hey Gjen, I remember you.

Your friend probably has not filed US taxes, and legally he is obligated to. They will ask for proof of filing for the visa, so he must do this.

He can get a joint sponsor or use assets. He'd need a US job, which he doesn't have, so he can't be the sponsor unless he has assets.

He can also either move to the US before her or try to prove his "intent to establish domicile" by getting an apartment, applying for jobs, etc, and then move with his wife together.

Hi, I remember you, too I don't believe he's ever filed for taxes. Will this be an issue? He's never ever lived in the states, he just happened to be born there.

Edited June 7, 2016 by GJen

[Harpa Timsah 13,258]

Hi, I remember you, too I don't believe he's ever filed for taxes. Will this be an issue? He's never ever lived in the states, he just happened to be born there.

All USCs need to file taxes on their worldwide income, no matter where they live. So yes, he needs to file his taxes. He most likely will not owe a cent. I know other people in his situation don't know they need to file taxes, but USCIS will check that he has done it in order to issue the visa, so he needs to.