Requirements for the US citizen

[ineshdz 0]

Hi,

My partner is the american citizen, she has her passport and everything, she was born in the states and when still a child moved to Mexico with her family.

Do you know what kind of requirements are needed to be eligible for the IR-1/CR-1 visa? For example, time spend in the states in the last years? Or a certain amount of time after the marriage? Or is there a list somewhere that states the requirements?

Thanks!

[teeak 224]

No requirements as long as she is a USC.

At the NVC stage, she will need to prove that she intends on moving back to the US before you immigrate (provide lease agreements, drivers license, state id, bank statements, school enrollment, job offer letter, etc.)

Also at the NVC stage, she'll need to include tax returns. As she is a USC, she is required to file taxes. Most people are get a foreign earned income exclusion though. https://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Edited April 4, 2016 by teeak

[JFH 12,189]

If she is a US citizen she can petition for you no matter where she lives. However, if she doesn't live in the US she must (not immediately but later in the process) demonstrate her intention to establish domicile in the USA. I have seen a case where the US citizen who petitioned had never lived in the USA.

[ineshdz 0]

Yes, she hasn't been in the states in the last 20 years, so she doesn't have driver's licence, or lease documents. But our plan is to move there.

Do you think this can be a show-stopper? And as I understand I can look for a job over there as soon as we arrive right?

[teeak 224]

This is at the NVC stage though.

I suggest that she perhaps look into getting a state id, establishing a bank account, etc. once you get to that stage.

Scroll down to Step 6 to see standard documents that the petitioner can provide:

http://www.visajourney.com/wiki/index.php/NVC_Process#Step_6_-_Gather_AOS_Package

For you yes. But, the petitioner needs to establish domicile and prove that they intend on moving back to the US permanently.

[Hypnos 6,576]

She'll need proof of US domicile before your visa can be granted; this isn't something you can put off until after PoE.

[ineshdz 0]

Since she doesn't have a simple proof that she will go back to the states, will it be easier to petition for a fiancee visa?

Our wedding will be in July, so we can still apply for the fiancee

[teeak 224]

Why don't you look into direct consular filing? I assume both you and your SO are legal residents of Mexico: https://www.uscis.gov/about-us/find-uscis-office/international-offices/mexico-uscis-ciudad-juarez-field-office

You can directly file the relevant documents with the international office.

https://mx.usembassy.gov/visas/family-immigration/how-to-apply/

Yes, I believe with I-129F there are no domicile requirements.

Edited April 4, 2016 by teeak

[ineshdz 0]

Ok, So maybe if she opens a bank account in Bank of America or something like that and obtains a driver licence, we can prove that she has the intent of going back there right?

[Anh map 2,098]

It is more complicated than that (bank account and drivers license) to show intent to establish domicile. Instead of asking random questions take some time (both of you) to read up on the process and requirements.

As another person said she is going to have to file US tax returns for the past 3 years if she earned more than $10,000 in any of those years.

If you are planning to marry in July then you have time to get the taxes sorted out and learn what is needed for establishing domicile and petition filing. Once you are married you can begin the filing.

[NikLR 13,220]

You can start the process and she can move back before interview to get a place and preferably a job.

I suggest DCF for you guys after the wedding. It's a much quicker route.