Over 60 engaged couple seeking advice on Spousal Visa

[lmegac 2]

I am USA Citizen and a widow of 7 years.  My South African partner of 5 years (2.5 dating and 2.5 living together) are currently working all over Africa, but mainly in Nigeria where he will shortly have a Temporary Residence Permit.  We will be ready to retire in about 3 years.  We have known each other for almost 40 years.  We recently became engaged.  I have several questions:

 

1. Should we get married in the USA went visiting next July?  Pros and Cons please?

2. Should we apply before we know when we are wanting to retire?

3. Is there an age limit to moving as a spouse to the USA?

4. Is there anything we should be doing now to make life easier later on?

5. Where should we apply for visa?  He currently has a 10 year USA visa expiring in 5 years time.

 

I have used this website before when my Mother came to live with me in the USA and it was the most amazing experience.  I was advised ahead of time what forms would need to be filled in and was able to get the process done in a minimum amount of time.  All advice will be gratefully received.

[Dashinka 23,237]

1 hour ago, lmegac said:

I am USA Citizen and a widow of 7 years.  My South African partner of 5 years (2.5 dating and 2.5 living together) are currently working all over Africa, but mainly in Nigeria where he will shortly have a Temporary Residence Permit.  We will be ready to retire in about 3 years.  We have known each other for almost 40 years.  We recently became engaged.  I have several questions:

 

1. Should we get married in the USA went visiting next July?  Pros and Cons please?  This is really up to you, no real pros or cons immigration wise as long as you are legally married.  If you do decide to come to the US to get married which is perfectly legal, be ready to show evidence there is no plan to stay and adjust when your fiancé attempts to enter the US.

2. Should we apply before we know when we are wanting to retire?  The CR1 wait time is currently around 14 months, so you can plan accordingly when your retirement plans are fully set and start the process about a year and a half or even two years prior to that date as processing times may vary, and the visa itself once issued will be valid for 6 months.

3. Is there an age limit to moving as a spouse to the USA?  No

4. Is there anything we should be doing now to make life easier later on?  Research what you need to do as the USC to set yourself back up in the US.  You also may want to research Direct Consular Filing in the areas where you work.

5. Where should we apply for visa?  He currently has a 10 year USA visa expiring in 5 years time.  I believe this depends on where his current residence is located.

 

I have used this website before when my Mother came to live with me in the USA and it was the most amazing experience.  I was advised ahead of time what forms would need to be filled in and was able to get the process done in a minimum amount of time.  All advice will be gratefully received.

Good Luck!

[lmegac 2]

35 minutes ago, Bill & Katya said:

Good Luck!

Thank you for answering all my questions.  With regards to the entry, we will have a return ticket to wherever we are coming from.  We travel back and forth often, so it should be ok.  But good to know in case we are asked the question. 

 

I thought I read somewhere that you had to apply in the country you were married in, so was concerned about that.  With the type of work we do, we are concerned that a contract could be terminated at any time and we are left sitting in a country that we don't want to be in, or are unable to stay in due to the fact that we got married there.  I guess I may have misunderstood.

 

And again, many thanks.

[Crazy Cat 39,217]

21 minutes ago, lmegac said:

Thank you for answering all my questions.  With regards to the entry, we will have a return ticket to wherever we are coming from.  We travel back and forth often, so it should be ok.  But good to know in case we are asked the question. 

 

I thought I read somewhere that you had to apply in the country you were married in, so was concerned about that.  With the type of work we do, we are concerned that a contract could be terminated at any time and we are left sitting in a country that we don't want to be in, or are unable to stay in due to the fact that we got married there.  I guess I may have misunderstood.

 

And again, many thanks.

You can submit the required paperwork from anywhere.  However, his spousal visa interview (in about 12-14 months)  will have to be in a country where he has legal residence or his home country.  In my opinion, marrying sooner means you can start building quality evidence of a bona fide marriage sooner. The strongest evidence you can provide is that of time actually spent together as spouses.  Nigeria is a high fraud country, which usually requires a great deal of quality evidence to be successful.....this is especially true if there is a large age difference and/or if the male is younger.  Two years gives you a time to build your case before applying for immigration to the US a year later.  Good Luck...

[James D 39]

1 hour ago, lmegac said:

I thought I read somewhere that you had to apply in the country you were married in

My wife and I were married in the USA, and we are applying for an IR-1 from Brazil so no problem there.

[Boiler 43,429]

Medical Insurance etc is the tricky bit.

[lmegac 2]

50 minutes ago, missileman said:

You can submit the required paperwork from anywhere.  However, his spousal visa interview (in about 12-14 months)  will have to be in a country where he has legal residence or his home country.  In my opinion, marrying sooner means you can start building quality evidence of a bona fide marriage sooner. The strongest evidence you can provide is that of time actually spent together as spouses.  Nigeria is a high fraud country, which usually requires a great deal of quality evidence to be successful.....this is especially true if there is a large age difference and/or if the male is younger.  Two years gives you a time to build your case before applying for immigration to the US a year later.  Good Luck...

Great points, thank you.  I am guessing that South Africa or Nigeria would be the place we would need to visit for interview.  Is it just him, or both of us that needs to go for interview?  There is a great Embassy here in Lagos, and in fact my friend used to work there but sadly she has moved on to another posting.  I think we will be ok in the most part, as neither of us are Nigerian, (we just have a contract here) we are both in our early 60's he is a couple of years older than me and we have European ancestory. My family are British and his Dutch.  We have kept records of conversations from when we first met up again.  And have proof that we have traveled together for past 2.5 years on business/vacations.  I have kept many of our boarding passes. And have kept all travel docs in my emails.  My only concern is if we apply too early or too late.  We have to finish off contracts, and we don't want to be homeless.  Can he come to the USA on his regular visitors visa and then apply?  Or is that a no-no, especially if we are married at that stage.  I have a house in the USA and it would be cheaper to live there than anywhere for the waiting period.?  Oh gosh!  You have got me thinking now.  Thank you again.  And congrats on the Ceremony.

[lmegac 2]

Medical is a tricky one, for sure.  Currently we both pay international policies, but I may look for a part-time job that will cover us.  Then it will have to be back on the International one for him, until such time as a local one can be obtained.  I am thinking Costco have great cost saving ones and I have used them before.  But thank you for mentioning it.

[Boiler 43,429]

Not many part time jobs will provide Medical cover and even fewer cover a spouse as well.

 

Will he be working in the US?

 

Costco have a Pharmacy, but often cheaper to get stuff from Canada etc.

[Crazy Cat 39,217]

14 minutes ago, lmegac said:

Great points, thank you.  I am guessing that South Africa or Nigeria would be the place we would need to visit for interview.  Is it just him, or both of us that needs to go for interview?  There is a great Embassy here in Lagos, and in fact my friend used to work there but sadly she has moved on to another posting.  I think we will be ok in the most part, as neither of us are Nigerian, (we just have a contract here) we are both in our early 60's he is a couple of years older than me and we have European ancestory. My family are British and his Dutch.  We have kept records of conversations from when we first met up again.  And have proof that we have traveled together for past 2.5 years on business/vacations.  I have kept many of our boarding passes. And have kept all travel docs in my emails.  My only concern is if we apply too early or too late.  We have to finish off contracts, and we don't want to be homeless.  Can he come to the USA on his regular visitors visa and then apply?  Or is that a no-no, especially if we are married at that stage.  I have a house in the USA and it would be cheaper to live there than anywhere for the waiting period.?  Oh gosh!  You have got me thinking now.  Thank you again.  And congrats on the Ceremony.

1.  Only your spouse will interview.

2.  Your husband (or fiance) can not come to the US via a tourist visa with the intent to stay.  That is visa fraud.  However, he can come to the US and visit during the spousal visa process.  But he MUST leave the US prior to the expiration of his authorized stay.  Of course all non-immigrant entries into the US are at the discretion of the CBP officer upon his arrival.  Therefore, it is wise to bring evidence of his ties to his home country or country of residence.   

 

BTW, my wife and I were 59 and 64, respectively, when we applied......good luck.

Edited October 16, 2018 by missileman

[lmegac 2]

All good points again.  And I am thrilled to see that not just young'uns' are applying and living in the USA

I see from your profile that a 2 year Green Card was received.  What happens after the 2 years?  I didn't know about this.  Do you then have another interview or something? Can you apply for citizenship after this time?

My home is in Plano Texas, so your advice is even more helpful to me   We are getting married on the 4th of July, at a friends small holding/Ranch, just on the outskirts of Plano.  

Please tell me if I am asking too many questions, but I finally have a time to sit and think about all this. Work does cut into our personal time a great deal. And your story is very similar to ours.

One big downside is that he has very little ties to his home country as we travel so frequently and only go back for doctors visits etc.  He does have 2 children 19 and 22, but lives with his sister when there.  Hopefully the Nigerian residence permit will be sufficient.

[Crazy Cat 39,217]

18 minutes ago, lmegac said:

All good points again.  And I am thrilled to see that not just young'uns' are applying and living in the USA

I see from your profile that a 2 year Green Card was received.  What happens after the 2 years?  I didn't know about this.  Do you then have another interview or something? Can you apply for citizenship after this time?

My home is in Plano Texas, so your advice is even more helpful to me   We are getting married on the 4th of July, at a friends small holding/Ranch, just on the outskirts of Plano.  

Please tell me if I am asking too many questions, but I finally have a time to sit and think about all this. Work does cut into our personal time a great deal. And your story is very similar to ours.

One big downside is that he has very little ties to his home country as we travel so frequently and only go back for doctors visits etc.  He does have 2 children 19 and 22, but lives with his sister when there.  Hopefully the Nigerian residence permit will be sufficient.

If you are married for less than 2 years when he enters the US with a spousal visa, he will receive a 2 year conditional green card.  Then, at the end of 2 years, you will file for Removal of Conditions. That will result in a 10 year green card.  If he enters the US after the 2 year anniversary of your marriage via a spousal visa, he will receive a 10 year green card.

 

You are not asking too many questions....VJ members have a lot of experience, and we are happy to share.

 

The Nigerian residence is a good piece of evidence to  tie him to that country imo, but more evidence of strong ties is always a good thing.

[Sukie 1,439]

Another thing to think about - and something that is often glossed-over...

 

If you are SURE that you want to live out the rest of your life in the US, then get married and go through the green card process.  But...if for ANY reason, you think you may NOT end your days in the US, you will want to think long and hard about the tax consequences of his becoming a US citizen or LPR.  The US is one of 3 countries in the world that taxes citizens and LPRs on WORLD-WIDE income (Eritrea and China are the other two, but China does not enforce the rule).  That means ANY monies - whether earned income, investment income, interest income, inheritance, etc., are subject to US tax consideration. 

 

Many retirees don't think about this.  We are both retired (in our 60s). Our case is that I am the USC and my spouse is an Australian, and just got her US Citizenship.  In Australia, the saving-for-retirement system is tax-free in Australia when you withdraw the money after you are retired.  But the US sees that as money that is taxed - and it will do so.  This is causing US/Oz couples much stress at the moment, and many US persons are actively renouncing their US citizenship if they intend to live out their days in Australia.

 

So take a breath for a moment, and make sure the two of you want to live in the US, knowing that any overseas income will be taxed.  Depending on your professions, this could be a killer.

 

Sukie in NY

 

[geowrian 22,335]

The medical part is a big consideration (as are the taxes as noted above). This will play into the public charge risk the CO makes before issuing the visa.

What is your plan for the I-864 (affidavit of support) since it sounds like there is no income that will continue from the same source upon returning the the US? Sufficient assets? Joint sponsor?

[lmegac 2]

30 minutes ago, geowrian said:

The medical part is a big consideration (as are the taxes as noted above). This will play into the public charge risk the CO makes before issuing the visa.

What is your plan for the I-864 (affidavit of support) since it sounds like there is no income that will continue from the same source upon returning the the US? Sufficient assets? Joint sponsor?

Fortunately, I have income on a regular basis from investments, and the company I used to work for have a great inexpensive medical and have said they would look into myself or even both of us a part-time position.  Enough hours to get medical.  Also Costco have Medical Plans at really good rates.  I have used them previously.  I earn enough from that cover the amounts they are talking about being minimum.  While out of the USA I/we don't pay USA taxes, because I am out for more than 330 days per year.  South Africa have extremely high taxes as does Nigeria, so we are used to paying.