Jump to content
Alex&Jen

Can I live in my husband's Country while we wait for his Visa?

13 posts in this topic

Recommended Posts

I see that the wait time for spousal visa's is 10-12 months. I am a teacher and have the opportunity to take a family leave of absence for a year, and still have my same job when I come back. My husband and I want to be together now while we wait for his visa, and I was wondering I am able to live outside the United States and with him in his country while we are waiting. I would get a teaching job in Honduras as one of the English speaking schools for a year, then return to my job in the United States when he has his Visa and he can return with me. Any ideas or thoughts on this?

 

Thank you!

Share this post


Link to post
Share on other sites
11 minutes ago, Alex&Jen said:

I see that the wait time for spousal visa's is 10-12 months. I am a teacher and have the opportunity to take a family leave of absence for a year, and still have my same job when I come back. My husband and I want to be together now while we wait for his visa, and I was wondering I am able to live outside the United States and with him in his country while we are waiting. I would get a teaching job in Honduras as one of the English speaking schools for a year, then return to my job in the United States when he has his Visa and he can return with me. Any ideas or thoughts on this?

 

Thank you!

Yes, there is no issue with you living there during this process. 

Share this post


Link to post
Share on other sites

Only issue would be if you don't return before NVC processing, you will need to use either a joint sponsor or assets for the I-864. Your foreign employment won't count, and you have no income from your US-based job while abroad.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Posted (edited)

10 to 12 months is conservative.  The average time for a spousal visa from submission to interview per other VJ members is 14 months....You case could take less time or more time.....There is a significant possibility that he will not have a CR-1 visa in hand in a year........your returning to the US before his visa is completed could be a positive aspect as explained above regarding the need to submit a valid I-864 with documented current income......good luck.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

I lived in my wife's country while we waited for the CR1 visa. I was lucky to have a US-based job that allowed me to work remotely, so I had no issues with sponsoring her on the Affidavit of Support. I just had to prove my domicile was still the US, which wasn't too hard. I showed the property I owned, bills I was still paying, active bank accounts, etc.

 

So as has been mentioned, the only big thing for you to consider is the Affidavit of Support part. If you take leave I assume you're not paid, so you'd be looking for a joint sponsor.

Share this post


Link to post
Share on other sites

It should work okay if you maintain an address in the US to show domicile, and if you take a leave of absence from your teaching job, you should be able to get a letter from your school stating your salary when you return to the US.  As others have said, average CR1 times from filing to interview abroad are 14 months on average right now, but could be less or more than that.  At least living abroad with your husband for a year would make the wait so much better, even if you had to return after a year away and be apart for the final few months waiting for him to join you.  Good luck!

Share this post


Link to post
Share on other sites
3 hours ago, Alex&Jen said:

I see that the wait time for spousal visa's is 10-12 months. I am a teacher and have the opportunity to take a family leave of absence for a year, and still have my same job when I come back. My husband and I want to be together now while we wait for his visa, and I was wondering I am able to live outside the United States and with him in his country while we are waiting. I would get a teaching job in Honduras as one of the English speaking schools for a year, then return to my job in the United States when he has his Visa and he can return with me. Any ideas or thoughts on this?

 

Thank you!

The affidavit of support requirement that applied to us was continuing income from existing employer, which meant we had to file and qualify on assets alone.  You will be in a situation where the only ongoing income that you can demonstrate is your foreign income and they may or may not allow you to use your present job, while you are not showing earnings from it, as income.   

The support issue will be the main hurdle that you should expect to overcome.  I would not advise you to risk this unless you have a definite backup co-sponsor.

Share this post


Link to post
Share on other sites
Posted (edited)
26 minutes ago, aaron2020 said:

You can go live with your husband.

 

The two issues that you will need to address are; 1) US domicile for the I-864 and 2) a Joint Sponsor for the I-864.

Intent to re-establish US domicile is the only requirement to live with and sponsor your spouse overseas.  The I-864 I agree with.  Either have enough banked away to do it on assets alone or have a co-sponsor lined up.

Edited by Nitas_man

Share this post


Link to post
Share on other sites

I kind of have a crazy suggestion for you, only because I did this. I work online teaching, totally remotely. I teach English mostly. It is all paid into my US bank account and I am issued US documents, where I file based on my US income. I also lived with my now-husband during the process (although we filed the K1) and I still travel with him (I'm in Argentina with him now while he is on Advanced Parole). There are so many ways to do this online and live with your husband as you wait out the process. Plus, it will be an added bonus to your resume (online ESL). There are a ton of companies that do this now.

Share this post


Link to post
Share on other sites
16 minutes ago, Sarah&Facundo said:

I kind of have a crazy suggestion for you, only because I did this. I work online teaching, totally remotely. I teach English mostly. It is all paid into my US bank account and I am issued US documents, where I file based on my US income. I also lived with my now-husband during the process (although we filed the K1) and I still travel with him (I'm in Argentina with him now while he is on Advanced Parole). There are so many ways to do this online and live with your husband as you wait out the process. Plus, it will be an added bonus to your resume (online ESL). There are a ton of companies that do this now.

Sarah&Facundo, 

I was thinking of the same thing!! I need to find a school or company that I can get a job through to teach online.  Thank you for your response. Is there a way we could connect via e-mail in case I have questions or if you have ideas of schools or companies that I could apply for to work online? I want to start planning to live in Honduras, just in case we don't get his Visa by the end of the summer. Thank you again!! Jen&Alex

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×