Need help for NVC Stage

[Singidudum 0]

Hello ,
In May or June my wife ( petitioner ) and I are expecting to get approval from USCIS so we want to get prepared for NVC Stage and we got couple of things that are bothering us.
1.She can't file AOS for me because she don't work in America.She have 2 years of tax income ( she worked some season jobs in America but just for few months ) but still she doesn't have income because we live in Serbia together so we will need joint sponsor.Do we both need to have sponsors or just me ? Her dad is green card holder and he works in America every year for 3-4 months.He earn about 10.000$ per month so i think he can be joint sponsor for me.But does my wife need sponsor for herself too ?Can her dad sponsor both of us ? But everything about AOS is bothering me because when we go to America we will work right away and we will both start earning money so i don't see why is AOS needed that much.
2.Proof of Domicile since we both live abroad so we've heard that it will be required.What to do about that ? We don't have anything or anyone in America ,we want to plan and do things when we get there.But what to do about it now ? We need to find some solution to get over that.Only thing that my wife have in America is her bank account.We want to avoid every possibility of separating from each other.She don't want to go to America without me and i don't want to see her go again because there was time when she was in America and we were separated for 4 months and it was really painful.What can we do to prove a domicile ?
I would appreciate very much if someone could tell me what steps to take and what is best for us to do so we get over these obstacles.I would appreciate also if someone can tell me what is exact thing that joint sponsor will need to do for us and how to file the forms and stuff about co sponsor taxes.I read steps on the internet but it's like an alien language to me.I can't understand anything no matter how much time i read them.Maybe i'm just dumb.But i would like if there is someone kind to help my wife and I get over this and do things right.

[Roel 7,192]

Is your wife an US citizen? Also I'd be worried getting immigration attention at her dad - who apparently only spends about 3 - 4 months in the USA every year? People had their green cards taken away for that, the green card is for living in the US not for vacation work.

 

If your wife is a citizen, why would she need a sponsor? You're the one getting petitioned. You need to be sponsored. You definitely need a co sponsor.

 

Also you need to work on her domicile ASAP. Surprised you didn't do that before sending the petition.

 

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

 

Why are you bringing AoS into that? There is no AoS from CR1 visa. Once you get that visa and arrive in the USA, they mail you the green card and you're automatically allowed to work.

 

Edited January 24, 2017 by Roel

[Chardon Ne' 71]

Hi, There is so much information missing here but I will do my best with what you provided. 

 

What visa are you applying for?

How do you know when you will be in NVC stage? 

Is your Wife Us citizen or Green card holder? 

 

Most people are required to adjust your status  because when you arrive they will not have legal permanent resident status and upon expiration of your visa, they will be considered out of status. I am not sure why you think you will be able to work as soon as you arrive without work authorization (EAD) unless you are filing for CR-1? The basis  to obtain an EAD is a pending adjustment of status application. When some  first arrive yes they have entered the country legally but that does not give them any legal status. 

Edited January 24, 2017 by Chardon Ne'

[Chardon Ne' 71]

16 minutes ago, Roel said:

Is your wife an US citizen? Also I'd be worried getting immigration attention at her dad - who apparently only spends about 3 - 4 months in the USA every year? People had their green cards taken away for that, the green card is for living in the US not for vacation work.

 

If your wife is a citizen, why would she need a sponsor? You're the one getting petitioned. You need to be sponsored. You definitely need a co sponsor.

 

Also you need to work on her domicile ASAP. Surprised you didn't do that before sending the petition.

 

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

 

Why are you bringing AoS into that? There is no AoS from CR1 visa. Once you get that visa and arrive in the USA, they mail you the green card and you're automatically allowed to work.

 

Very eloquently put! 

[Singidudum 0]

My wife is US citizen.We are in CR-1 process.For NVC stage im guessing ( i see how much is approx wait for that stage...i mean i can be wrong but we don't mind how long it takes). So you are telling me that my wife needs to re-establish domicile in USA ? That means that my wife needs to go to America and be there until process is done ? It might take up to 10 months (at very best) and we are supposed to be separated that long ? Isn't there a way for both of us to go there at the same time ?

[Roel 7,192]

People deal with longer periods of separation. Not the end of the world. You're not a baby anymore, you can handle being away for a bit. No, you cannot go with her. You could apply for the tourist visa but with the immigration process, it's highly doubtful that you'll get it. Even so, you would still need to go back to your origin country for medical and the interview.

 

And yes, your spouse should go back to the USA, find a job, place to live, etc. Without your wife's domicile, your visa won't be approved.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[laulholley 28]

Your wife will need to "prove intent to reestablish domicile". That's what we had to do. Sretno!

 

Here is some information about that: