Living abroad and sponsoring spouse for CR-1

[JessDak 27]

I am a US citizen residing abroad the last 16 years. Started process to get husband of 15 years a green card (filed I-130). I have been a stay-at-home mom for almost 6 years and have had $0 income. None of the information I have found relates to a US citizen sponsor living abroad with no income wanting to move back to the US with her family. Questions:

1) How can I sponsor my spouse when we are a single income family, our income is from the non-US citizen being sponsored?

2) How can I prove US domicile when I've lived abroad for 16 years and I only intend to move back to the US if/when my spouse's Permanent residency is approved? We have 3 small children and I would never be able to move to the US first, not knowing when he will get approval and be able to follow us (all 3 kids are US citizens already).

Hi!,

You guys may be able to do direct consular processing so that you can continue to live in Australia as you are now, until your husband is eligible to enter the USA as a LPR with work authorization. So he should in theory be able to begin work as soon as you guys decide to move to the USA

You can read more here to see if you guys are eligible for consular processing: http://www.visajourney.com/content/dcf

[NikLR 13,220]

There is no DCF in Oz.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Expat1 971]

No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

You can use savings. 3X the listed 125% poverty rate in cash-equivalent assets for your household size is required. Might be a good idea to open yourself a US account and transfer that over before the affidavit of support is needed

Your husband has several months to use the visa after it's issued. Lots of time to wrap things up there.

You dont have to prove domicile. You have to prove intent to domicile.

Absent savings the other option is a joint sponsor.

Edited May 25, 2016 by Expat1

[awaywego 28]

Sponsorship:

– The intending immigrant spouse's income can be used for sponsorship in certain cases (see I-864 instructions), but only when it is continuing employment from the same employer. Unfortunately that means that neither your husband's current job (will not continue) nor the offer from your father (will not have continued) will count for sponsorship.

– Assets can be used for sponsorship. The requirement for a spouse is 3x the difference between income and income requirement (125% of the poverty guideline for the household size, see I-864p); if using only assets, it's then 3 x 125% x poverty guideline. There are some restrictions on what can be counted as assets (see I-864 instructions), and some consulates/COs are reportedly picky about the location of assets.

– A USC, US national, or LPR domiciled in the US can act as joint sponsor. The joint sponsor has the same requirements that you do: he/she shows income/assets sufficient for his/her household size, including the intending immigrant (see I-864 instructions). That person's household member might fill out an I-864A to join in this sponsorship (see I-864A instructions). Reportedly, though it is not required, some consulates/COs request the I-864A from MFJ partners even if the joint sponsor is qualified to sponsor alone.

Domicile:

- There are a couple of options on how to show this. For your situation, look at showing that you *intend to reestablish* US domicile no later than the date your spouse enters the US. There are examples of evidences in the I-864 instructions, plus more in this NVC FAQ. For what to give them, you could also think of things that one would normally do when preparing to move, like looking for jobs, a home, school/daycare for the kid(s), preparing to move belongings, etc. (You have mentioned that a few of these are already set – great!) As others have noted, each consulate has its own level of strictness on domicile. To get an idea of what it will be like for you, perhaps you can search for posts on VJ by others who have filed from Australia and addressed this requirement.

DCF:

- Since this has been brought up, just to clarify: DCF is not typically available in Australia, as there is no USCIS field office located there.

[lucybelle 453]

I applied for my husband while abroad. While it is a few more steps, it's quite doable.

For sponsorship I used assets. It was easier for me because I only had to sponsor one person, not four like you. I showed 125% above poverty line x 5 in assets. If you don't have that then you will need to get a joint sponsor (or co-sponsor, I always forget what it's called since I didn't use one!)

For domicile you need to show proof of RE-DOMICILE. This is things like:

-Looking for jobs (or obtaining a job)

-Looking for schools for kids

-A lease with your family where you will stay (they have lease forms online, just fill in the info and have everyone sign)

-Insurance quotes

-Movers quotes

Can you return to the USA to establish a few things? Would only need a week or so.

-Driver's license

-Voter registration

-Bank accounts

-Retirement accounts

[KWaps 1]

How is it a catch 22?!

You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?

Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.

Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....

matmertin2016 the Catch-22 is that I need a job to to sponsor my husband, but can't get a job until we move there with his greencard, which I can't get until I can sponsor him.

Why is your reply so vindictive? I shouldn't waste my time justifying myself but I will do so in the hopes that you think about further responses to people on this website:

NO we are not planning on "moving back to get support via food stamps and welfare/unemployment benefits." We are are both highly educated with post graduate degrees and perfectly capable of working. It just happens that the immigrant in my situation is the only one working, as I stay home to look after our 3 small children so have no income of my own at the moment. Obviously I cannot move back to the States with my 3 kids and get a job and then go through the CR-1 process because then we would be separated from my husband and the kids from their father for up to 12-18 months.

NO the country will not need to support us. We will have plenty of money and support once we sell our house and move there. I don't think I should have to ask someone to sign an I-864, which is no small thing, when we are capable of supporting ourselves. However I do think if the USA looked at countries with government subsidised programs like healthcare, the American people would be much better off.

NO I didn't just "wake up one day and say 'hey it's Friday today and I want to pick up and move to USA.'" This is not something that people with 3 small children would take lightly. It has been discussed and thought about for years. It is not an easy decision, especially since we are living in the equally great country of Australia (which, by the way, fully supports migrants when they arrive with full medical benefits and some financial help while they get on their feet).

There is a lot of planning in my decision. My situation is a bit unique to the generic CR-1 process, and the system is not "put in place so I will think further of my decision." It is put in place to ensure that those granted residency are good, well-meaning people who will contribute to society and be positive citizens in our country. My husband will definitely be one of them - are you?

[Boiler 43,433]

Your situation is quite common, some times the only option is to move back before your spouse to re establish domicile, get a job.

No need for it to be that long, a few months would do.

[ascone01 0]

I'm really interested to know what came of this, my husband and I are in a similar situation. I would like to bring him to the states, but I haven't worked for quite a while.