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Full Version: Does My husband qualify for an I-130 in the US ??
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

hendra1
I have been married for 5 years with american husband. As long as our married we always live overseas.
I visited american 3 times with tourist visa (without any problem).

Does my husband qualify for an I-130 in the US as long he work overseas?
Should he take a job in America to qualify I-130 or job in overseas is enough? ( he make enough money for qualified)
Thanks
YuAndDan
He may be able to file the I-130 at the consulate in your country, this called DCF, contact the consulate and inquire about filing for IR-1 visa at the consulate.

http://www.usembassyjakarta.org/consular/consular.html
http://www.visajourney.com/forums/index.ph...om&page=dcf

A few problems you may face.

He has to have maintained domicile in the USA.

http://travel.state.gov/visa/immigrants/ty...1.html#Domicile

He has to have filed IRS returns every year outside the country, he may have not had to pay tax, but is not exempt from filing returns.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

He needs to show that he can support you once you do come to the country, either by job of family in the country.
hendra1
He has a house. He alway file IRS return every year.
but he doesn't has job of family in the country.

His job in overseas can support me,
Can he continue work in overseas and then he come to america after I get a job?
zyggy
QUOTE(hendra1 @ Dec 18 2006, 03:26 PM) *
He has a house. He alway file IRS return every year.
but he doesn't has job of family in the country.

His job in overseas can support me,
Can he continue work in overseas and then he come to america after I get a job?



No.. he actually has to set up in the US before you do... that's the way it goes...

So no.. he cannot continue to work overseas.. he needs reside in the US if you are going to get a GC...

hendra1
How is He going to supply the affidavit of support??
Yodrak
hendra,

He is going to get a job after he returns to the USA.

Yodrak

QUOTE(hendra1 @ Dec 18 2006, 04:16 PM) *
How is He going to supply the affidavit of support??
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