Hi, and I Must Be Nuts

[torque 0]

Hello folks,

My spouse (Brazilian), our kid (USC) and I (USC) have been here in Brazil for 5 years now- working, studying. Mr Torque got his green card in 1998 (applied in Tokyo, received quickly, back when it was easy), and we lived in the US til 2006, when we came here. He has a SSN, but we intended to move to Brazil long term, if not permanently (i.e. we left no domicile in the US, only a bank account.); he still has his green card "just in case we had to go back" which i'm sure brings other problems.

For various reasons, but mostly our kid's welfare, we're ready to go back to the US. I should add we don't have huge financial reserves (I've been studying and working little, he runs a small business that is just scraping by).

Seeing as we intended to move here, and didn't really maintain anything, I'm assuming SB is not an option and I need to be looking at IR1/IR5.

Brazil has just stopped doing DCF, so I'm wondering what my options are. Do I need to move back to the US to apply (ie. kid and I need to go up alone and risk him not being granted? and maybe lose my Brazilian status, if i leave with intent to move but need to come back if he's denied.)? The way it stands right now I don't think I could show intent to establish US domicile from here. I'm also not sure I could meet the affadavit of support, as I need to move back to the US and find a job first. I might be able to get a family member to sponsor him though.

Everyone I know who has been in this situation has applied from here (before DCF ended), and it's been a real trial for those who've been granted, and several folks i know have been denied. I'm a bit overwhelmed.

Thanks so much for reading this tome. I appreciate your experience.

[Boiler 48,577]

Domicile does not require very much, family address?

IR1 would seem the way with a co sponsor.

[soteropolitana 4]

Yeah...sadly, these days you'll have to apply in the U.S. but you don't have to move back first. You can complete your application and mail it from Brazil and return once everything has been processed. I wouldn't want to leave my husband for up to a year or more unless I have to, domicile is usually easier to establish than meeting Affidavit of Support requirements...

The instructions for the I-864 outline the basics of proving domicile:

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization. (lists organizations on the I-864)

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

So like you said, for financial reasons it may be best to move back - but only if you can't find a sponsor. I would say find a sponsor and wait it out in Brazil. Don't leave your husband there alone unless you can afford to visit regularly...men are just men if you know what I mean...

[Darnell 8,480]

Shift a bit.

IR1 for spouse, not need Immigrant Visa for Child - only need US Passport for Child,

and

read this:

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page__hl__expedite+queue

Good Luck !

Edited July 31, 2012 by Darnell

[velrich 50]

Hello folks,

My spouse (Brazilian), our kid (USC) and I (USC) have been here in Brazil for 5 years now- working, studying. Mr Torque got his green card in 1998 (applied in Tokyo, received quickly, back when it was easy), and we lived in the US til 2006, when we came here. He has a SSN, but we intended to move to Brazil long term, if not permanently (i.e. we left no domicile in the US, only a bank account.); he still has his green card "just in case we had to go back" which i'm sure brings other problems.

For various reasons, but mostly our kid's welfare, we're ready to go back to the US. I should add we don't have huge financial reserves (I've been studying and working little, he runs a small business that is just scraping by).

Seeing as we intended to move here, and didn't really maintain anything, I'm assuming SB is not an option and I need to be looking at IR1/IR5.

Brazil has just stopped doing DCF, so I'm wondering what my options are. Do I need to move back to the US to apply (ie. kid and I need to go up alone and risk him not being granted? and maybe lose my Brazilian status, if i leave with intent to move but need to come back if he's denied.)? The way it stands right now I don't think I could show intent to establish US domicile from here. I'm also not sure I could meet the affadavit of support, as I need to move back to the US and find a job first. I might be able to get a family member to sponsor him though.

Everyone I know who has been in this situation has applied from here (before DCF ended), and it's been a real trial for those who've been granted, and several folks i know have been denied. I'm a bit overwhelmed.

Thanks so much for reading this tome. I appreciate your experience.

Based on your post it seems that your husband the brazillian has abandoned his green card because he was out of the country for more than a year after getting it and you and your child has US passports.

It may be possible for him to go back as a returning resident. Do further research with this link http://www.visajourney.com/content/us-permanent-resident-international-travel

[torque 0]

thanks for your help, folks.

@darnell, i was asking wondering if it would be better to apply for the Ir5- as the parent of a US citizen (my kid). I don't know if you only have to present one "justification" (spouse, parent, etc) or if you put in both? know what i mean?

@velrich, i saw that link yesterday and it seems to be that if you left with intent to return, you can use it. and 5 years is a bit long for a temporary thing!

which i guess begs the question- do we send the green card back first before beginning the process? (as i read somewhere yesterday) yet people I know who've interviewed through Rio (notoriously nasty place to do this, lots of unjustified rejections) were told that they need to bring the old green card to their interview. ?? i think i will email visa services at some point first to find out.

Thanks for your help, again.

[Darnell 8,480]

you read the content in the link in my reply?

as for the child, if the petition does qualify as a USCitizen, then can file CRBA at the Embassy/Consulate, get the child a passport.

CRBA rules are very specific, though - please to learn them?

Also, if you are using a phone to visit VJ - come back on a PC, a laptop, or a MAC, as yer missing stuff in the top menu (guides, wiki, etc)

[torque 0]

you read the content in the link in my reply?

Thanks Darnell, you're obviously trying hard to make me feel at home.

Whle I did read your survey, my child is a US citizen, with a US passport, and wasn't born abroad, so won't need a CRBA. But thanks anyway.

[Darnell 8,480]

so yer wife attempting an IR-5... The child must be over 21 years of age to qualify to file the petition.