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Eric & Idalia

Advice needed - Should I wait until my husband settles in USA to schedule interview?

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Hi. I had posted before, but here is a summary of our situation.

On Dec 2013 - My husband (then boyfriend) moved to Mexico with me.

On Mar 2014 - We got married

On Oct 2014 - We filed I-130 and got approved less than a week later.

On Dec 2014 - I got a letter from Ciudad Juarez consulate saying I can schedule an interview on any available date

Since we got married, we got his temporary residence in Mexico and spent time looking for companies to get him the work permission because our plan was to spend a year or two here and then move back to USA. But after months of looking a company gave him a job offer and to make the long story short the INM (immigration institute in Mexico) rejected his permission because the company didn't confirm the offer in the verification visit (it was a mistake, but it was done) so my husband decided that it was better for us if he goes back to USA, finds a job and I schedule my interview sooner.

By the way, we have a join sponsor for the I-864 form.

He is leaving after Apr 8. I read that he has to prove that he can support me and someone told me that he should have moved to USA and gotten a job before my interview and also helps if I have a job offer at the date of the interview. So should I wait until he settles in New Mexico (gets a job and apartment) to schedule the interview so that we have more changes to get approved?

or

Can I schedule the interview now (he wouldn't have a job and I am looking for one there, online) so that we can move together in April?

Any info will be really appreciated.

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Since you have a joint sponsor, your husband's job is not required for the financial sponsorship requirement of the I-864. (If your husband was your sole sponsor, he would show income at 125% of the poverty line for your household size [or assets at a different rate]. This is what your friend was referencing when saying your husband should get a job.)

The other requirement addressed in your two options is domicile. If your husband moves back to the US before the I-864 is presented, this is covered. If he is living in Mexico, he would provide evidence that he is either domiciled in the US or intends to reestablish US domicile no later than the date that you enter. Some examples of evidence that he might provide are in this VJ wiki.

Whichever way you and your husband decide to go, you (hopefully) will not need to submit changes so long as all of the requirements are covered.


2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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Thank you for your answer.

My friend worked in the Ciudad Juarez consulate and she said she told me about my husband's going back before me as a way to get more changes to get approved. As he is the man and has to prove he can support me (it is what she said). I understand what you said and actually it is what I told her. But I guess she mentioned it in that way because she knows how the consulate people work. I don't know.

I guess I will wait for my husband to settle before making the interview's appointment.

I really appreciate you took time to answer this.

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