New here - want to apply for green card for husband

[Laleh 2]

Hi,

Sorry if this has all been asked before; I am new to this site and these things are very confusing to me.

I am an American citizen, and have been married to a man from Tajikistan for 5 years. We got married in Czech Republic and have been living here in Prague ever since. We have a 3-year-old daughter who is also an American citizen (was born in Prague, but we registered her as an American citizen at the embassy).

We'd like to move to the US to be closer to my parents. My husband doesn't have a job yet, but is applying to jobs in the US. He has recently finished his PhD in Statistics, so we're hoping he'll find something. No bites yet though.

I'm wondering if I should go ahead and start the process of applying for a green card for him. Or should I wait for him to get a job offer and let them take care of an employment visa? I'm afraid he won't get many job offers that way.

Another issue is that we don't have any money. I am an English teacher and just make enough to pay the bills each month. If I apply for a green card for my husband, can my dad be a sponsor for him?

Any and all advice is welcome! Thanks in advance!

[carton025 38]

Maybe it is just me. But, I think you have already answered your question(s).

You might want to start the process, AOS (I could be wrong about the process...), to bring him here so when he does find a job he can go to work immediately. Sorry to hear "no honey, money!" Most of us here have been there and done that. I am sure you will want to do what is the utmost important to and for you!

Best of luck!

[Anh map 2,098]

You file for a spouse visa.

You will always be the primary sponsor regardless of income. If your income does not meet the requirements then a joint sponsor can be used.

Have you been filing US tax returns? If you have been earning ~$10K a year you need to be filing. Filing and paying are 2 different things.

You will have to show intent to establish US domicile.

See these FAQ for more information >>> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Tax requirements >>> https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Filing-Requirements

https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

Edited February 7, 2016 by Anh map

[JFH 12,189]

Without knowing his employment background it's hard to say what his chances are of getting an employment visa. There is every chance he may never get one. A spousal visa is a much better route for you. He will be able to work as soon as he arrives. Assuming your marriage is genuine, and your father earns enough or has enough in ready assets to fulfill the joint sponsorship requirements and your husband meets the other criteria (good character, etc) then there's no reason why a spousal visa would be denied. It's not a quick process but your chances of success are high.

For me, it's also about status. I'd rather be admitted into the country as "wife of" than "employee of".

[Laleh 2]

Thanks so much for your feedback!

I downloaded the form I 130 and will start on it. It will take a couple months to save up for the $420 fee (and figure out how to get the money there, since I'm outside the US and don't have a US bank account).

It looks like there are no questions about financial sponsorship on that form. Do I leave my dad off this form, and just bring him in as a joint sponsor later when that topic comes up? I don't want to bother him until it's necessary, but obviously I want to do things right the first time.

When it asks for copies of documents such as marriage certificates, do they need to be certified (notarized) copies, or are "normal" copies ok?

I filed taxes for the last couple years. Before that, I was on maternity leave for two years, so I didn't file. Before that, I didn't file because I didn't know I needed to since I was paying Czech taxes. I don't think my income was over $10,000 though (at least on the exchange rate at that time; was quite different then).

Anh map, what do you mean by "intent to establish US domicile?" We're not sure exactly where we'll be living, since that depends on where the job is. Can I just put my mom's address, since that's where we'll go first?

Thanks so much! I really appreciate all your help.

[Sekhvaruli 74]

Anh map, what do you mean by "intent to establish US domicile?" We're not sure exactly where we'll be living, since that depends on where the job is. Can I just put my mom's address, since that's where we'll go first?

Thanks so much! I really appreciate all your help.

That means to provide the proof (don't sweat that now, it will be only needed on the NVC stage in about 6 months after you file), that the USA is your place of permanent residence indeed. And living in Chezch republic is just a temporary thing you do, intending to go back to the USA soon. The proofs can include: proof of the USA address, like a driver's license, or bank statements with the address on them; looking for a job in the USA - emails and other correspondence with the potential employers; property deeds and titles in the USA and what not.

P.S. - if you want to make some additional hours as an English teacher, write me a personal message, I can help)))

[JFH 12,189]

It looks like there are no questions about financial sponsorship on that form. Do I leave my dad off this form, and just bring him in as a joint sponsor later when that topic comes up? I don't want to bother him until it's necessary, but obviously I want to do things right the first time.

When it asks for copies of documents such as marriage certificates, do they need to be certified (notarized) copies, or are "normal" copies ok?

Thanks so much! I really appreciate all your help.

The financial support part is for the next stage which is a few months away for you at least. No need to worry about that yet.

Photocopies are fine at this stage. Originals and certified copies are not needed until the embassy interview stage. I have made several photocopies of the various certificates and documents as it seems that every stage requires more copies of the same documents.

Regarding the address where you intend to live, it's fine to use a relative's address or even put "to be decided" and the state. We used a family member's address as we don't have a permanent place back in Washington yet.

[Laleh 2]

That means to provide the proof (don't sweat that now, it will be only needed on the NVC stage in about 6 months after you file), that the USA is your place of permanent residence indeed. And living in Chezch republic is just a temporary thing you do, intending to go back to the USA soon. The proofs can include: proof of the USA address, like a driver's license, or bank statements with the address on them; looking for a job in the USA - emails and other correspondence with the potential employers; property deeds and titles in the USA and what not.

P.S. - if you want to make some additional hours as an English teacher, write me a personal message, I can help)))

Thank you! I don't have an American bank account and my driver's license has expired, but we do have evidence of looking for jobs in the US. I am getting more hours here soon through the language schools, so I should be ok, but thanks for the offer!

The financial support part is for the next stage which is a few months away for you at least. No need to worry about that yet.

Photocopies are fine at this stage. Originals and certified copies are not needed until the embassy interview stage. I have made several photocopies of the various certificates and documents as it seems that every stage requires more copies of the same documents.

Regarding the address where you intend to live, it's fine to use a relative's address or even put "to be decided" and the state. We used a family member's address as we don't have a permanent place back in Washington yet.

Thanks so much! Everyone has been so helpful. We always needed to certify everything for our Czech paperwork, so it's good to know we don't have to do that at this point.