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Petitioner Staying Abroad With Wife

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Hello!

I met my wife while we were both attending university in the U.S. in 2011 we got married in 2013 and haven't separated since. I am a U.S. citizen and my wife is Filipino. My wife was subject to the J-1 two year residency requirement which we just spent the last 6 months getting a waiver for. Now that we have the waiver I have submitted the I-130 petition in hopes of filing for a CR-1 visa. We have been living in the Philippines since December because that's when her DS-2019 expired. We did not want to run the risk of overstaying and just doing an adjustment of status. We both made the decision that whatever we had to go through we would do it together.

My questions are:

  • I have been living here in the Philippines with my wife since December 17, 2014 (about 6.5 months) on a "Balikbayan Visa" which gives me a 1-year free stay. Is this going to hinder my ability to show that I have a domicile in the U.S.? My wife and I currently don't have our own place in the U.S. but are planning on moving in with my parents in the U.S. for the foreseeable future until we can get a place of our own. I have also been using my parents' address on all of the forms we have filled out. Can you see a problem with this?
  • Also, when we left the United States I started my own freelance marketing company from which I manage my clients online. Thats how I have been keeping our finances afloat. The money that I make is sent by check to my accountant who has been depositing the funds into a U.S. bank account. I have paid my taxes and just remit money into my wife's bank account here in the Philippines for our daily expenses here in the Philippines. Will staying with my wife here in the Philippines hinder any part of our visa process?... I know the norm is for the petitioner and beneficiary to be separated but I just couldn't bring myself to separate from my wife.

TL;DR: Met my wife at a U.S. university. Wife subjected to J-1 two year rule. Got the 2-year rule waived and have been living in the Philippines since Dec 17, 2014. Do not own a domicile in the U.S. but are planning to live with parents when we return to U.S.. Will this be a problem? Will me staying with my wife in the Philippines throughout the whole visa process be a problem?

Thank you!


I-612 Waiver of J1 Two Year Rule
12/31/2011 - Wife Entered U.S. on J-1 visa, Foreign Residence Requirement Applies
9/28/2013 - Married in the U.S.
7/23/2014 - NOA1 form I-612 for Waiver of the Foreign Residence Requirement (Basis: Extreme Hardship)
8/8/2014 - RFE Received
11/14/2014 - NOA2 I-612 Waiver Denied, Could not establish hardship
12/15/2014 - Sent another I-612 packet to U.S. Dept of state (Basis: No-Objection Statement)
12/15/2014 - Sent in application to Philippines Govt. for No-Objection Statement
1/14/2015 - No Objection Statement granted
4 months of waiting - The Philippines Govt. forgot about us!!!!
5/8/2015 - After multiple calls and emails the No Objection Statement was finally transmitted to DOS
6/4/2015 - I-612 Waiver APPROVED!

IR-1 Visa
6/3/2015 - Sent I-130 to Phoenix Locbox
6/4/2015 - NOA1
108 Days of waiting
9/22/2015 - NOA2
9/24/2015 - Case sent to NVC
10/1/2015 - Case received at NVC
10/14/2015 - Case number assigned
10/15/2015 - AOS Fee Paid online
10/19/2015 - CEAC AOS Fee status changed to "Paid" - AOS and IV packets sent to NVC
10/27/2015 - DS-261 was reviewed over the phone
10/29/2015 - DS-261 confirmed complete (over phone) and IV Bill Received - Paid online immediately "In Process"
10/30/2015 - Scan Date
11/2/2015 - IV Bill marked "Paid" and DS-260 completed

12/4/2015 - Case Complete (need to bring 1 corrected doc to Embassy)

1/6/15 - Medical Exam Complete

1/19/2015 - Interview Date

1/22/2015 - Visa Received (yellow envelope damaged)

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Being that you are self employed, as long as your 2015 income tax return shows enough income on line 22 then you should be ok for the affidavit of support. If not, then you will need to secure a joint sponsor.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Being that you are self employed, as long as your 2015 income tax return shows enough income on line 22 then you should be ok for the affidavit of support. If not, then you will need to secure a joint sponsor.

Thanks for the reassurance. Sometimes its confusing doing this stuff on your own. I started my online sole proprietorship in November 2014 but didn't make any money from it until January 2015. I do not have any tax records reflecting my self employment other than the General Excise Tax license, invoices, and check stubs. I have listed myself as self-employed but plan on having my parents as a joint sponsor because I know I won't meet the income requirements.

Because all of my income from the sole proprietorship has come in 2015 would I need to include that in my petition? I only have tax returns and transcripts for 3 years leading up to the year 2014 when I was working for another company.


I-612 Waiver of J1 Two Year Rule
12/31/2011 - Wife Entered U.S. on J-1 visa, Foreign Residence Requirement Applies
9/28/2013 - Married in the U.S.
7/23/2014 - NOA1 form I-612 for Waiver of the Foreign Residence Requirement (Basis: Extreme Hardship)
8/8/2014 - RFE Received
11/14/2014 - NOA2 I-612 Waiver Denied, Could not establish hardship
12/15/2014 - Sent another I-612 packet to U.S. Dept of state (Basis: No-Objection Statement)
12/15/2014 - Sent in application to Philippines Govt. for No-Objection Statement
1/14/2015 - No Objection Statement granted
4 months of waiting - The Philippines Govt. forgot about us!!!!
5/8/2015 - After multiple calls and emails the No Objection Statement was finally transmitted to DOS
6/4/2015 - I-612 Waiver APPROVED!

IR-1 Visa
6/3/2015 - Sent I-130 to Phoenix Locbox
6/4/2015 - NOA1
108 Days of waiting
9/22/2015 - NOA2
9/24/2015 - Case sent to NVC
10/1/2015 - Case received at NVC
10/14/2015 - Case number assigned
10/15/2015 - AOS Fee Paid online
10/19/2015 - CEAC AOS Fee status changed to "Paid" - AOS and IV packets sent to NVC
10/27/2015 - DS-261 was reviewed over the phone
10/29/2015 - DS-261 confirmed complete (over phone) and IV Bill Received - Paid online immediately "In Process"
10/30/2015 - Scan Date
11/2/2015 - IV Bill marked "Paid" and DS-260 completed

12/4/2015 - Case Complete (need to bring 1 corrected doc to Embassy)

1/6/15 - Medical Exam Complete

1/19/2015 - Interview Date

1/22/2015 - Visa Received (yellow envelope damaged)

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