US citizen applying for Green Card for wife - outside of US (Latvia)

[hansmoleman 0]

Hi,

 

I am a US citizen married to a Latvian citizen. We both live and work in Latvia. We have been married for just over two years.

 

We are looking to move to the US in the near future, and I have been reviewing the forms and am a bit confused.

 

I certainly need to submit the I-130.

 

As far as I can tell, I also need to submit I-864, Affidavit of Support Under Section 213A of the INA ?

 

I assume it is best to start this process as soon as possible, while we are still outside of the US?

 

Obviously, the ideal solution would keep us separated as briefly as possible. We have a child together (who is a US citizen).

 

I am not quite sure what the best procedure for this would be, so any thoughts or suggestions on how best to approach this are appreciated!

[Crazy Cat 41,981]

Take a look at this.  If Direct Consulate is available to you in her country, it will be the best route- http://www.visajourney.com/content/dcf

 

If DCF is not available, you will have to go with the IR-1 route.  Check this page for guides- http://www.visajourney.com/content/guides/

 

 

[hansmoleman 0]

Thanks.

 

No, there is no Direct Consulate option in Latvia. Though - it says that, in exceptional circumstances it could be possible, and one of those circumstances is a job offer on very short notice (though 'short notice' is not defined).

 

I am actually currently searching for employment in the US, were I to get a job offer might that be considered exceptional circumstances?

 

Unfortunately the guide only indicates DCF if we both are living abroad.

 

Reading further, might a K-3 visa be an option for my wife?

[payxibka 10,045]

2 minutes ago, hansmoleman said:

Thanks.

 

No, there is no Direct Consulate option in Latvia. Though - it says that, in exceptional circumstances it could be possible, and one of those circumstances is a job offer on very short notice (though 'short notice' is not defined).

 

I am actually currently searching for employment in the US, were I to get a job offer might that be considered exceptional circumstances?

 

Unfortunately the guide only indicates DCF if we both are living abroad.

 

Reading further, might a K-3 visa be an option for my wife?

DCF is only available (if available at all) if the USC is also abroad

K-3 is an obsolete visa that rarely if ever, is issued anymore

[Boiler 45,670]

 Never any harm asking but perhaps not that realistic, nothing is quick about US Immigration, you can certainly move to the US, is your child also a USC? Wife will take longer. Have a good read of the guides.

[hansmoleman 0]

Hi,

 

I unfortunately remain confused.

 

Reading the guides, the only option mentioned is Direct Consular Filing. (we are both currently abroad).

 

This does not appear to be an option in Latvia, unless there are exceptional circumstances. A reading of those circumstances would seem to indicate a job offer in the US might count?

 

Our child is a US citizen.

 

So is my option to file the I-130 while still here in Latvia?

 

Or is better to wait until I have found employment in the US before I start this process?

[Crazy Cat 41,981]

1 minute ago, hansmoleman said:

Hi,

 

I unfortunately remain confused.

 

Reading the guides, the only option mentioned is Direct Consular Filing. (we are both currently abroad).

 

This does not appear to be an option in Latvia, unless there are exceptional circumstances. A reading of those circumstances would seem to indicate a job offer in the US might count?

 

Our child is a US citizen.

 

So is my option to file the I-130 while still here in Latvia?

 

Or is better to wait until I have found employment in the US before I start this process?

You can file the I-130 while you are in Latvia.  You can go through the IR-1 visa process.  You will have to provide evidence of domicile in the US.  One way to show US domicile is by employment in the US.  Besides, you will need a job to support your family here.

 

 

 

[Boiler 45,670]

Long process and those issues come at the end so get er going now.

[hansmoleman 0]

1 minute ago, missileman said:

You can file the I-130 while you are in Latvia.  You can go through the IR-1 visa process.  You will have to provide evidence of domicile in the US.  One way to show US domicile is by employment in the US.  Besides, you will need a job to support your family here.

Right, and this is mainly my question. Is it better to

a) submit the I-130 now, while we are still both in Latvia

or

b) wait and submit the I-130 until after I have found a job in the US

?

 

As I do not yet have a job in the US (though, in terms of domicile, my parents live in the US, so I could use their address), then it would seem I should wait until I have found a job?

[Boiler 45,670]

a

[Crazy Cat 41,981]

You can start now.  As stated above, Domicile evidence comes later.  The entire process will take 12-14 months.......Good luck.

[hansmoleman 0]

ok, but doesn't that mean I will have to spend a large amount of time apart from my family? This is what concerns me the most, is that my wife and child will have to stay in Latvia while the process is ongoing (in the event that I do find a job in the US).

 

I am also a bit unclear at which point I have to submit the I-864 form? Is that together with the I-130? Since as I understand it, I have to show gainful employment there, but, as I am currently working in Latvia - wouldn't they be looking for employment in the US?

[Boiler 45,670]

Have you read the Guides?

[hansmoleman 0]

2 minutes ago, Boiler said:

Have you read the Guides?

Which guide should I be reading?

 

if we both live overseas, the only thing mentioned is DCF, which I don't think I can use (though perhaps someone can comment on what 'very short notice' means in terms of a job offer)

 

US Citizen and Spouse both live/reside overseas:
-----  Direct Consular Filing Information

[Boiler 45,670]

DCF us unlikely to be an option.

 

http://www.visajourney.com/content/guides/