Can my spouse wait abroad with me during spouse visa processing time

[tai_91 1]

 

Hello, my husband (US citizen) and I (Brazilian citizen) got married in August 2017, while I was on a tourist visa in Seattle. Since I am still under the 2 year rule from my previous J-1 visa, I had to return to Brazil and I will stay here during the 10 months I have left. We decided to apply for a spouse visa while I wait this period in Brazil. However, we found out that are different options for a spouse visa ( K1 & CR1 and IR1). Also, my husband wants to come to Brazil and stay this period with me. My question is: Which visa would be a better option for us? And, is that possible he comes to Brazil and waits with me? Or he needs to be in US during the spouse visa processing time? Do you know if when he receives a mail regarding this process, he will also be emailed as well? For example, after he starts the process,  will my husband also be notified in his email account  when  USCIS mails the approval notice to his address? I am asking because if he comes to Brazil, he will need to know when the documents will be issued to him.

Thank you so much!

[Ontarkie 15,014]

~~Moved to IR1/CR1 Process and Procedures - As the OP is married and not chasing after a K1.~~

 

 

[pushbrk 13,837]

Intent to re-establish domicile is easy from an evidence standpoint.  Concern yourself more with the affidavit of support.

[Nitas_man 3,100]

4 hours ago, pushbrk said:

Intent to re-establish domicile is easy from an evidence standpoint.  Concern yourself more with the affidavit of support.

Concur.  Staying in Brazil / not working means he should have a comfortable number of cash-convertable easily accessible assets back in the US to declare in the support affidavit.

He can stay there until you are ready to relocate to the US after which he either should return first or accompany you back.

Edited October 21, 2017 by Nitas_man

[tai_91 1]

He can work remotely, all he need is internet, so he will work for his current company while he stays in Brazil with me. So, is it safe to say that once he starts the process and sends all the forms and docs to  USCIS, he can come to Brazil? We are not sure about when is the best time for him to come to Brazil. We assume it will be after he sends all the documents to USCIS. 


Thank you so much!

[elfinkel 12]

Yep, it's totally okay. 

I'm doing the same thing, waiting for my husband here in Peru until his visa comes through (: I'm also working remotely. 
 

I got a joint sponsor from the U.S. to help with the affidavit of support, but if your husband's income meets the requirements, you might not need that. 

It might also be a good idea to send all mail to a trusted person who can alert you when USCIS sends mail and whom you trust to open it and read it for you. (For example, all of my mail gets sent to my parents house and they know to let me know as soon as anything arrives from the NVC or USCIS.) There are some things that don't get sent via email during the USCIS stage, such as a notice of transfer to a different service center (mine got transferred from Nebraska to Texas) or a notice of any information that is incorrect or missing on the I-130. 

[tai_91 1]

Thank you so much! 

[lstjpn 0]

Last year my wife stayed with me on a tourist visa while we waited for her IR1 visa interview. Although we had planned to wait in Japan for her interview, A¥a family emergency stateside brought me back prior to her interview and since we didn't want to be separated for several months or longer she came with me but that was only good for 90 days.  Our interview date was set approximately 125 days after her initial entry into the US, so what we did was taken a one week trip to Canada and then came back into the country.  They gave us another 90 day at the border, no questions asked.  Then we flew back to Tokyo and stayed at my inlaws for two weeks while we waited for the visa to arrive then flew back to the US with visa in hand.  They embassy never even mentioned it in anyway, nor did the anybody at the border crossing.  Granted we had been married for 17 years at that point, so there wasn't any suspicion about us.   

 

I would say be careful though, I know that if immigration thinks your spouse may stay in the US without the proper visa they may deny him entry.  In our case, we had been married a long time, our kids who have dual citizenship were with us the whole time and I had return plane tickets to Japan with us may have made a difference.  It may not work for you.

 

Good Luck!

 

JPN 

[N-o-l-a 7,169]

All of us who filed from abroad did this.    It works out fine.  You can even send the documents from Brazil if you like.

[pushbrk 13,837]

17 hours ago, lstjpn said:

Last year my wife stayed with me on a tourist visa while we waited for her IR1 visa interview. Although we had planned to wait in Japan for her interview, A¥a family emergency stateside brought me back prior to her interview and since we didn't want to be separated for several months or longer she came with me but that was only good for 90 days.  Our interview date was set approximately 125 days after her initial entry into the US, so what we did was taken a one week trip to Canada and then came back into the country.  They gave us another 90 day at the border, no questions asked.  Then we flew back to Tokyo and stayed at my inlaws for two weeks while we waited for the visa to arrive then flew back to the US with visa in hand.  They embassy never even mentioned it in anyway, nor did the anybody at the border crossing.  Granted we had been married for 17 years at that point, so there wasn't any suspicion about us.   

 

I would say be careful though, I know that if immigration thinks your spouse may stay in the US without the proper visa they may deny him entry.  In our case, we had been married a long time, our kids who have dual citizenship were with us the whole time and I had return plane tickets to Japan with us may have made a difference.  It may not work for you.

 

Good Luck!

 

JPN 

The subject matter is the US Citizen waiting in Brazil, not the USA.