Does the Petitioner need to be in the US if Self-employed abroad?

[I&G 2]

Hello,

I am a U.S. citizen and have been living outside the U.S. for my entire career (almost 10 years now). I got married two years ago and now my wife and I want to move to the U.S. because we think it would be a better place for us to raise a family.

My question is, can I petition for my wife while I am outside the U.S.?

I am making a good living with my own business and we are not moving out of any immediate economic need, but personal preference as to where we want to live. I can work from anywhere as what I do is all done over computers, internet etc, with limited travel. We want to move to the US together when she finally get's her immigrant visa approved. However, it seems like I, the petitioner, would need to move to the US well ahead of her, while my wife stays in Poland.

From what I understand, I can file the i-130 from abroad, but its tricky when it comes to the Affidavit of Support. My assets are split between Poland and the US but all these years I have maintained ties with the US and maintained an address/bank accounts/investment accounts/credit cards/drivers licence etc. Does anyone know, when showing my ability to financially support my wife, does this have to be all US based income/assets/savings? Ideally we would like to keep some assets in Poland due to the fact that its a place we'll always be visiting, and consider a second home.

If anyone has had (or is having) similar issues, it would be great to receive some insights or advice. We would really appreciate it.

Many thanks to all

-I&G

[cappucino boy 29]

Hello,

I am a U.S. citizen and have been living outside the U.S. for my entire career (almost 10 years now). I got married two years ago and now my wife and I want to move to the U.S. because we think it would be a better place for us to raise a family.

My question is, can I petition for my wife while I am outside the U.S.?

I am making a good living with my own business and we are not moving out of any immediate economic need, but personal preference as to where we want to live. I can work from anywhere as what I do is all done over computers, internet etc, with limited travel. We want to move to the US together when she finally get's her immigrant visa approved. However, it seems like I, the petitioner, would need to move to the US well ahead of her, while my wife stays in Poland.

From what I understand, I can file the i-130 from abroad, but its tricky when it comes to the Affidavit of Support. My assets are split between Poland and the US but all these years I have maintained ties with the US and maintained an address/bank accounts/investment accounts/credit cards/drivers licence etc. Does anyone know, when showing my ability to financially support my wife, does this have to be all US based income/assets/savings? Ideally we would like to keep some assets in Poland due to the fact that its a place we'll always be visiting, and consider a second home.

If anyone has had (or is having) similar issues, it would be great to receive some insights or advice. We would really appreciate it.

Many thanks to all

-I&G

Hey I & G,

I'm not an expert but it's my experience that most, if not all of the forms for income are based on filed tax returns. So that means the required support documents that will needed to be filed for your I-130 will require copies of your tax information. The alternative is to have a sponsor that can show the necessary support that is required for the visa. If anyone has anything different feel free to chime in.

In a few years I hope to be doing it the other way around.

Good luck.

[I&G 2]

Thanks for your response.

I believe that the filed tax returns only come into play when it comes to the Affidavit of support - Form i-864. I don't see anything regarding proving income when it comes to filing the i-130 forms.

My main concern at the moment is whether I can be with my wife in Poland throughout the green card application process? I'm self-employed and can work from anywhere - seems kind of awkward (wrong) that I would need to be separated from my wife during the process. Especially when it can take up to a year to complete.

It would be great to hear from anyone who has any insight into this. Perhaps, I'm misunderstanding something.

Many thanks

[Ryan H 3,812]

I'm not an expert but it's my experience that most, if not all of the forms for income are based on filed tax returns. So that means the required support documents that will needed to be filed for your I-130 will require copies of your tax information. The alternative is to have a sponsor that can show the necessary support that is required for the visa. If anyone has anything different feel free to chime in.

Financial support documents are not submitted with the I-130 to USCIS. That comes at the NVC phase of the process.

[mmjohnson 27]

YOU CN GO THROUGH CONSULAR PROCESSING http://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

[NikLR 13,227]

Yes you can stay with your wife, however, do some searching about reestablishing domicile. Domicile may need stuff to the NVC but ultimately is looked at on interview day.

Edited January 15, 2015 by NLR

[I&G 2]

Hi All,

Many thanks for the responses. I've got a better idea about the whole process.