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Ragazza

Questions from a beginner

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Good day everyone!

I have several question about spousal filing and would be glad if you could give me some advice :)

My husband and me got married in the State of NY, my husband is an American citizen and we would like to file for spousal visa. So my questions are the following:

1) My husband currently resides in the US and has income from the US, so we were thinking it is the best way that he files initial documents while he is in the US. However, in several month he might be moving to Europe for work, and I might move together with him there. Will it be a problem for any other steps of the process? Are there any documents that need to be filed from the US, or is there any requirement to reside in the US for him during the whole process? Are there any requirements for me to reside in my country during the whole process?

2) I have 2-year home residency restriction after J-1 government sponsored master program. I have fulfilled a part of it. As I know, we can start the whole process even when the restriction is still imposed and it will be processed. However, I will not be issued an immigrant visa until I spent 2 years back home. Is my understanding correct? Did anyone have similar experience?

3) I know this question was already asked, but... I have a valid tourist visa that I used several times and always came back. Can I travel to the US while my case is being reviewed? Will it be enough of the proof to the officer at the boarder control that I cannot stay because I still have 2 year restriction and haven't fulfilled it yet?

4) If it happens in such a way that I am issued an immigrant visa but we will plan to stay in Europe for more time: can I just enter the US within 6 months, wait for the green card to arrive and then move back to my husband to Europe? As I understand, for spousal visas there is no need to stay in the US for some period of time and you can travel freely?

Thank you for reading and I would really appreciate your comments!

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1) some issues but not relevant for a while. Make sure he maintains domicile in the USA. Also the income for the affidavit of support needs to be ongoing so if his Egypt employment will not transfer back to the USA then assets or a joint sponsor may be needed. Also Egypt tends to take a long time to get interviews, just a warning for the future. Nothing in the process must be sent from the USA. The fees, however, must be drawn from a US bank.

2)you are correct

3)maintain ties to whatevee country you're living in. Yes you can visit but as always, it's up to the CBP officer.

4)you can travel but the point of the green card is to live in the USA. You shpuld soend more time in than out. You can delay NVC proceedings until you are ready to do so, from one to maybe 3 or 4 years.


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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NLR! Thank you so much for your answers! Just a small clarification: we do not have any connection to Egypt, we might be moving to Europe, more exactly to Switzerland. But I guess it doesn't make any difference for the questions asked :) If the transfer happens, it will be within the same company, so it shouldn't affect the income.

Also, if possible, could you please tell what does it exactly mean "to maintain domicile" for visa process? Does it mean he has to physically reside in the US? Or does it mean he just needs to own a place / has a valid US address?

Thanks a lot again!

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It means he needs to show he has maintained his connections or will reestablish his home in the US. Keep a bank account, voter registration, credit card, address, driver's license, etc... Most embassies simply want to see effort to reestablish domicile from the petitioner. Just remember that a job and home in the USA is the strongest domicile evidence.


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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