Is CR1 the correct way to file?

[lrock1111 0]

I am USC about to be married to a non-US citizen and we are planning to possibly live abroad for a couple years. Is this the visa we would file for as we eventually plan to settle in the US?

We actually filed for a K1 in May and are waiting for his interview, however, a job opportunity has come up that could take us both out of the states for a few years. Since we will be married, will our joint assets count towards the support form? He will be bringing in the majority of the income while we are away - will it count against our application if I, as the USC, am not gainfully employed? I can't believe I am almost through one process & am thinking of scrapping it to start all over again...

I hope my questions are clear - my head is rather wrecked at the moment! Thanks for any advice/input in advance!

[trailmix 77]

Hi,

You will probably be able to direct consular file in - whichever country you are going to.

As for the affidavit of support:

- Foreign income cannot be included

- Assets can be used. Since you are sponsoring your Husband you will need 3 x the poverty level in assets (check the I-864 instructions for details).

After you are married for 2 years it would be an IR1 you are filing for.

Not being gainfully employed shouldn't count against you.

Edited December 17, 2007 by trailmix

[YuAndDan 153]

Yes this is the visa to file for. You can cancel the K-1 or can go through with the K-1 marry in the USA but dont adjust status, just later file for CR-1 or IR-1 using DCF.

By the time you do decide to re-settle in the USA, consider DCF filing at the nearest consulate or embassy, it is quicker than filing for visa through USCIS in the USA, and results in the CR-1 or if married more than 2 years (IR-1) visa.

A few requirements of DCF are:

• Maintain US domicile, (Maitain a US mailing address, dont give up US driver's license, maintain a US bank account)
• File returns with the IRS. (You may be exempt from filing taxes on foreign income, but are not exempt from filing a return)

[Chica Yeyé 41]

If you will both live abroad for some time, perhaps you'd rather wait and apply for DCF (Direct Consular Filing), which results in an immigrant visa. You would need to proof residence in the country you're moving to for a certain amount before you are able to file. on this one, it is certainly a much better option I think. But then again, I'm crazy.

good luck, L.