questions before starting the immigration process

[AnnaSaid 0]

Hi! I am an American citizen living in Morocco with my Moroccan husband and two (soon to be three) American/Moroccan children. We have been here since 2014 and previously lived in Germany, where we got married in 2008. We are seriously contemplating re-locating to the United States within a year’s time, and would like some specific information about the immigration process for my husband:

 

1)      Is it necessary for me, as his sponsor, to be in the United States in order to file for a petition?

 

2)      Ideally, it would be very helpful if my husband could apply for job positions for the U.S. while still in Morocco as we simultaneously work on the visa process. Is it possible for him to begin working directly after his family based visa has been accepted, or does he first need to have the visa, move to the U.S. and then look for work?

              

3)      Will it be a problem that our marriage license is an international one issued in Germany, not the U.S.? 

 

Thank you in advance for any advice you can give us!!

 

[Ben&Zian 4,397]

3 minutes ago, AnnaSaid said:

Hi! I am an American citizen living in Morocco with my Moroccan husband and two (soon to be three) American/Moroccan children. We have been here since 2014 and previously lived in Germany, where we got married in 2008. We are seriously contemplating re-locating to the United States within a year’s time, and would like some specific information about the immigration process for my husband:

 

1)      Is it necessary for me, as his sponsor, to be in the United States in order to file for a petition? No you can do it from abroad but do need to establish US domicile before the end of the process. Also will have to be able to show financial support, so unless you have a good amount of savings to show as assets you may need a co-sponsor.

 

2)      Ideally, it would be very helpful if my husband could apply for job positions for the U.S. while still in Morocco as we simultaneously work on the visa process. Is it possible for him to begin working directly after his family based visa has been accepted, or does he first need to have the visa, move to the U.S. and then look for work? He could look for work sure; but no one can guarantee how long it could take you to get that visa, that being said, a lot of employers wouldn't want to wait for an unknown. The process is looking like about 12-15 months right now to even get the visa, and that's if it goes smoothly.

              

3)      Will it be a problem that our marriage license is an international one issued in Germany, not the U.S.?  No, no issue. Marriage is marriage.

 

Thank you in advance for any advice you can give us!!

 

 

Edited August 28, 2018 by Ben&Zian

[AnnaSaid 0]

Thanks so much for the quick reply and the information!

[Jeanne Adil 1,651]

38 minutes ago, Ben&Zian said:

 

all that being said "if he lived in Germany longer than 6 months he will need criminal report from Germany along with the 2 from Morocco (Fiche Anthropometrique and a Casier Judiciaire from the Central Police station ) at the NVC stage of the process

you will need last 3 years IRS transcripts of tax returns (if worked) or co sponsor

follow the guidelines at guide tab above for CR1 

married over 2 years so 10 year green card will come about a month of arrival in USA 

when u do the documents of I864 and DS 260 at NVC stage check the box for immigration to apply for SS #  (should get that about 2 weeks after arrival at POE

follow the 125% poverty guidelines for 3 people and congratulaions on the baby to come

[CEE53147 559]

H-1B visa is dual intent.  If qualified, he should look for an employer to sponsor him in the April 2019 filing to begin work in Oct 2019.

[Ryan H 3,796]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

[pushbrk 12,243]

On 8/28/2018 at 9:34 AM, Ben&Zian said:

 but do need to establish US domicile before the end of the process

Not exactly.  The US Citizen Spouse is required to show "evidence of intent to re-establish domicile" in the USA.  That, and the foreign spouse cannot use the visa to enter the USA BEFORE the US Citizen does.

 

The process is taking 12 to 15 months from petition filing to visa issue, so don't count on relocating the foreign spouse "within a year's time".  You and the children can move back anytime you want, of course.

[Zelixx 302]

@pushbrkIs it necessary to provide US domicile as a proof of a USC whereas my husband only uploaded scanned copy of Passport biographic page as a proof.Secondly what financial documents do i need to take with me ? My husband is self-employed .

Btw My interview is next week.

Edited September 1, 2018 by Zelixx

[pushbrk 12,243]

2 hours ago, Zelixx said:

@pushbrkIs it necessary to provide US domicile as a proof of a USC whereas my husband only uploaded scanned copy of Passport biographic page as a proof.Secondly what financial documents do i need to take with me ? My husband is self-employed .

Btw My interview is next week.

Your first question has been asked and answered.  You have plenty of time to read the I-864 instructions and apply them to your personal circumstances during the 5 to 8 months your petition is being processed.

[AnnaSaid 0]

On 8/28/2018 at 4:20 PM, adil-rafa said:

all that being said "if he lived in Germany longer than 6 months he will need criminal report from Germany along with the 2 from Morocco (Fiche Anthropometrique and a Casier Judiciaire from the Central Police station ) at the NVC stage of the process

you will need last 3 years IRS transcripts of tax returns (if worked) or co sponsor

follow the guidelines at guide tab above for CR1 

married over 2 years so 10 year green card will come about a month of arrival in USA 

when u do the documents of I864 and DS 260 at NVC stage check the box for immigration to apply for SS #  (should get that about 2 weeks after arrival at POE

follow the 125% poverty guidelines for 3 people and congratulaions on the baby to come

Yeah, we will definitely need a co-sponsor since I have not lived in the U.S. for a very long time. I'm assuming my parents could be co-sponsors? I'll also check into the criminal reports from Germany - he was there for about 10 years, so I'm sure that's necessary. Thanks for the well wishes for baby number 3!  

[AnnaSaid 0]

On 8/28/2018 at 6:09 PM, CEE53147 said:

H-1B visa is dual intent.  If qualified, he should look for an employer to sponsor him in the April 2019 filing to begin work in Oct 2019.

I do like the idea of the H-1B visa, as we are not in a rush to move countries and both have employment here in Morocco. However, I wonder how easy it is to get sponsored by an employer in the U.S. I've heard it's pretty difficult.