Filed I-130 Living Abroad with Spouse

[Bee91 78]

I'm not sure if this is the correct location for this questions. If it's in the wrong location, feel free to move it admin. Thanks~

 

OK, so I'm currently teaching overseas in SK. I met and married my spouse here and applied for the I-130 to return to the U.S. I have yearly contracts and have not renewed this year's one with the intention of returning home. My contract ends at the end of February 2020. Unfortunately, as we have Nebraska service center, it will probably take a long time for our visa to be approved. By end of my contract it will be only 196 days since they received the petition. Because my apartment is also tied to my employment, I will have to be out of it at the end of my contract. We are trying to think of what we can possibly do if its not approved by end of Feb (most likely not). I would like to stay in country with him while we wait. My visa expires in March and I could easily hop over to Japan and re-enter SK on a visitor visa for 90 days, but of course I couldn't work (and who know if that will still be enough time with Nebraska). 

 

My question is, would it mess up the process or look suspicious if we filed for a spousal visa here in South Korea (they usually only are for a year and then you have to go renew it)? It would allow me to stay in country and do temporary substitute teaching jobs until our visa gets approved. But I'm worried that would look bad to them (I'm domiciled in US since I vote there, have bank accounts, pay taxes, and receive mail there) that I don't have intention of moving back to the U.S. I don't want to mess with it if it will cast any suspicion. 

 

Anyone have a similar situation or inputs on this? 

[Nitas_man 3,100]

For you as you described domicile will not be an issue.  We filed while I was a full time open-ended employee and waiting for the visa before I resigned.

 

Your only issue is the support affidavit.  Unless you are employed by a US company you either need a lot of cash in the bank or you need a joint sponsor.

[Bee91 78]

48 minutes ago, Nitas_man said:

For you as you described domicile will not be an issue.  We filed while I was a full time open-ended employee and waiting for the visa before I resigned.

 

Your only issue is the support affidavit.  Unless you are employed by a US company you either need a lot of cash in the bank or you need a joint sponsor.

I think it got lost in my wording and length (sorry~) but I meant filing for a marriage visa in Korea- as in marrying my husband allows me to apply for an F series visa that would allow me to live in South Korea without relying on a work company to sponsor me. 

 

I'm worried if I apply for this F series Korean visa, that they will think I don't want to return to the U.S. (unless your response did understand what I was asking and you think domicile would still be find).

 

And yeah I have quite a bit of savings but I'm not sure if it's enough to count as I haven't looked at the requirements for that, but have heard it only counts as 1/3. My father is willing to co-sponsor though. 

Edited November 28, 2019 by Bee91

[Nitas_man 3,100]

9 hours ago, Bee91 said:

I think it got lost in my wording and length (sorry~) but I meant filing for a marriage visa in Korea- as in marrying my husband allows me to apply for an F series visa that would allow me to live in South Korea without relying on a work company to sponsor me. 

 

I'm worried if I apply for this F series Korean visa, that they will think I don't want to return to the U.S. (unless your response did understand what I was asking and you think domicile would still be find).

 

And yeah I have quite a bit of savings but I'm not sure if it's enough to count as I haven't looked at the requirements for that, but have heard it only counts as 1/3. My father is willing to co-sponsor though. 

I understood your post.  I don’t see any issue with domicile.  

I did this twice.  Worked outside the US 2009-2012 and 2014-2018.  My wife was essentially sponsored by me under my work visa and living there with the equivalent of an annually renewed resident card.  We kept everything addressed to a relative (parents or brother).

There are two kinds of cases that run into issues:

1.  Tourist babies who suddenly realize they have a US passport and want to move their families over, but never actually lived in the US.  Hardest

2.  USC’s who pack up, sell out, cash out, and move overseas long term.

 

Usually they have to move assets over, “remember” to catch up on filing taxes, etc before they can get the process started.

Either way with a little effort the bar is pretty low for “intent to domicile”

 

You are neither as you did what we did and have continuing, ongoing ties to the US.  

You are correct, assets are counted on 3:1 basis so you’ll have to show 3x the poverty guidelines to avoid asking for a co-sponsor however a co-sponsor simplifies your case.

Good luck, happy thanksgiving

[HuberKimFamily 29]

12 hours ago, Bee91 said:

I'm not sure if this is the correct location for this questions. If it's in the wrong location, feel free to move it admin. Thanks~

 

OK, so I'm currently teaching overseas in SK. I met and married my spouse here and applied for the I-130 to return to the U.S. I have yearly contracts and have not renewed this year's one with the intention of returning home. My contract ends at the end of February 2020. Unfortunately, as we have Nebraska service center, it will probably take a long time for our visa to be approved. By end of my contract it will be only 196 days since they received the petition. Because my apartment is also tied to my employment, I will have to be out of it at the end of my contract. We are trying to think of what we can possibly do if its not approved by end of Feb (most likely not). I would like to stay in country with him while we wait. My visa expires in March and I could easily hop over to Japan and re-enter SK on a visitor visa for 90 days, but of course I couldn't work (and who know if that will still be enough time with Nebraska). 

 

My question is, would it mess up the process or look suspicious if we filed for a spousal visa here in South Korea (they usually only are for a year and then you have to go renew it)? It would allow me to stay in country and do temporary substitute teaching jobs until our visa gets approved. But I'm worried that would look bad to them (I'm domiciled in US since I vote there, have bank accounts, pay taxes, and receive mail there) that I don't have intention of moving back to the U.S. I don't want to mess with it if it will cast any suspicion. 

 

Anyone have a similar situation or inputs on this? 

I filed for my husband when I was living in Switzerland. Filed the I-130 August 2018 and moved to the states August 2019. I was a stay at home mom for two years and my extended leave of absences was ending with the county I worked. 

I came back to the USA with our son because I knew that eventually a) I would have to as the USA spouse and b) better to have an employment in the USA for the Affidavit of Support part of the process. 

 

Technically, yes I could have stayed with my husband in Switzerland during the whole process. However again, as the US citizen, I thought it would look better to show that we are serious about moving to the USA and start setting up our life. 

 

 

[Bee91 78]

12 hours ago, Nitas_man said:

I understood your post.  I don’t see any issue with domicile.  

I did this twice.  Worked outside the US 2009-2012 and 2014-2018.  My wife was essentially sponsored by me under my work visa and living there with the equivalent of an annually renewed resident card.  We kept everything addressed to a relative (parents or brother).

There are two kinds of cases that run into issues:

1.  Tourist babies who suddenly realize they have a US passport and want to move their families over, but never actually lived in the US.  Hardest

2.  USC’s who pack up, sell out, cash out, and move overseas long term.

 

Usually they have to move assets over, “remember” to catch up on filing taxes, etc before they can get the process started.

Either way with a little effort the bar is pretty low for “intent to domicile”

 

You are neither as you did what we did and have continuing, ongoing ties to the US.  

You are correct, assets are counted on 3:1 basis so you’ll have to show 3x the poverty guidelines to avoid asking for a co-sponsor however a co-sponsor simplifies your case.

Good luck, happy thanksgiving

Thank you for clarification. Yeah I have a remittance account to send money from my account here back to my US account and I've filed U.S. taxes so I'm good on that front. 

 

Happy Thanksgiving to you too~