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Eric & Idalia

Immigrant visa from Mexico. Both husband and wife living in Mexico. Affidavit of Support question.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Hi. My name is Idalia and my husband's name is Eric.

We met in USA when I was an au pair in Santa Fe, New Mexico (Jun 2011 - Jul 2013). We were going to get married in Santa Fe, but we broke up.

After the au pair time, I came back to Mexico and he stayed in Santa Fe. A couple of months later we got back together and he decided to move to Mexico to be together (I did not have any visa then).

We got married on March 29, 2014. We started the process for his residence here and he became a temporary resident in Mexico. He is still waiting for his work permission to work in Mexico (residence and work permission are separated in Mexico), but a friend told us that if we want to move back to US we need to start the process soon because it takes about a year.

So now we are reading about the forms. We know that we have to file the I-130 in Consulate general of the USA in Monterrey and planned to do it on Sep 18, 2014. We just read about the Affidavit of support and downloaded the form I-864. But in here http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#4 we read that the sponsor needs to live in USA. Before reading that what we were thinking of doing it was: file the I-864 form with his information of the last 3 years he lived and worked in USA and get a joint sponsor. But it seems that he can't be the sponsor. I mean like at all because he is not living there.

My question is: Because he is living in Mexico with me we can not be a sponsor at all? So the joint sponsor will have to be the sponsor?

I appreciate any information.

Regards.

Edited by EricandIdalia
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Filed: Lift. Cond. (apr) Country: China
Timeline

***Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.***

**Moderator hat off**

Your husband will need to show that he has either maintained a US domicile despite living in Mexico or is currently in the process of reestablishing a US domicile. I don't know how strict the Consulate in Juarez is on the domicile requirement. Some Embassies and Consulate on other continents find the requirement sufficient through remote maintaining or actively working to reestablish. However, others (Montreal being the primary example) require that the petitioner be in the US before they will accept the affidavit.

Hopefully you will receive a Mexico specific answer soon.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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