Help moving to US with Wife

[johnny__08 0]

I would like to expose my situation and could you advise the best possible solution.

I am an American citizen, born in USA and living in Portugal since I was 7 years old,  I got married in 2018  in Portugal  we have not updated any information to the US embassy, and now currently seeking to move to USA with my wife, I would like to know which procedures and forms need to be filled out in order to bring my wife with me to live together and also work. Meaning since I was 7 years old I have never moved back to USA only visit time to time. I only have a bank account that i have open in one of my trips in 2017.

Also on the form I-864 my income here in Portugal is less the poverty lines the only thing I have is saving account with some money and also my Car as an asset, I don't have anyone that can sponsor us.

My wife was born in Brazil, and move to Portugal in June 2008 she acquired Portuguese citizenship in 2015.

Do we need to translate all our documents to English? If yes, is there any certificate required for such translation?

We currently live in Portugal, can this process be made in Portugal and then we can move to USA or we can move to USA and process there? If so what procedure need to be done?

[Crazy Cat 39,226]

Read and study the guide below.  Be aware that you will have to show intent to domicile in the US, and without a joint sponsor, you will have to show sufficient assets to sponsor your wife. 

 

 

[Boiler 43,433]

Will your income continue after a move to the US?

[johnny__08 0]

2 hours ago, Lucky Cat said:

Read and study the guide below.  Be aware that you will have to show intent to domicile in the US, and without a joint sponsor, you will have to show sufficient assets to sponsor your wife. 

 

Thank you I will look into this information

 

[johnny__08 0]

8 minutes ago, Boiler said:

Will your income continue after a move to the US?

In this case we will both look for another job once we arrive in US.
As of for now we both work for a US company but work thru Upwork and not directly to the US company we do have a possibility to apply for the same company and work in US but we will need a US residence for this job offer to be applied. If we do not get this job we will work for another job once we arrive in US

[Boiler 43,433]

Sounds like you need to move first so you can meet the sponsorship requirements, also will help with Domicile.

[aaron2020 11,651]

Immigrating to the US will not be quick.  It will take 12-18 months for you to obtain an immigration visa for your wife.

1.  Your wife will have to seek an immigration visa from Portugal.  She can not move to the US and do it from here.

2.  Have you been filing US tax returns on your worldwide income as required?

 

3.  Since your income will not continue once you move to the US, you will need a Joint Sponsor for the I-864.  If you can't get a Joint Sponsor, then you will need to return to the US to get a job where you will earn enough to sponsor your wife for an immigration visa.

 

4.  You will also need to show that you have established a US domicile or have evidence of your intent to reestablish one by the time your wife enters the US in order for her to be granted an immigration visa.  

 

5.  To be successful in getting your wife an immigration visa, you may have to return to the US and work for 6 months to meet the I-864 requirements in order for your wife to get an immigration visa.  Separation is a part of the immigration process for many couples.  Separation is sometimes unavoidable when it comes to US immigration.

 

6.  All documents have to be translated into English.  Anyone who knows the foreign language and English can do the translation.  Follow the instructions here; https://www.state.gov/family-liaison-office/naturalization-of-foreign-born-spouses/expeditious-naturalization-application-materials-and-information/

Best of luck.

Edited February 21, 2021 by aaron2020

[johnny__08 0]

1 hour ago, aaron2020 said:

Immigrating to the US will not be quick.  It will take 12-18 months for you to obtain an immigration visa for your wife.

1.  Your wife will have to seek an immigration visa from Portugal.  She can not move to the US and do it from here.

2.  Have you been filing US tax returns on your worldwide income as required?

 

3.  Since your income will not continue once you move to the US, you will need a Joint Sponsor for the I-864.  If you can't get a Joint Sponsor, then you will need to return to the US to get a job where you will earn enough to sponsor your wife for an immigration visa.

 

4.  You will also need to show that you have established a US domicile or have evidence of your intent to reestablish one by the time your wife enters the US in order for her to be granted an immigration visa.  

 

5.  To be successful in getting your wife an immigration visa, you may have to return to the US and work for 6 months to meet the I-864 requirements in order for your wife to get an immigration visa.  Separation is a part of the immigration process for many couples.  Separation is sometimes unavoidable when it comes to US immigration.

 

6.  All documents have to be translated into English.  Anyone who knows the foreign language and English can do the translation.  Follow the instructions here; https://www.state.gov/family-liaison-office/naturalization-of-foreign-born-spouses/expeditious-naturalization-application-materials-and-information/

Best of luck.

In that case will i have 2 options here:

1 - Apply for i-130 and stay in Portugal with my wife then once approved we can move the application of the i-864 and write a letter explain or intent to move to US and try to prove our Establishment of Domicile for example:

    Seeking or accepting employment
    Signing a lease, purchasing a residence, or arranging to stay in another’s home
    Opening a bank account, transferring funds, or investing
    Voting
    Moving quotes or signing a contract with a mover
    Money transfers to the U.S. in anticipation of the move
Also provide the amount of our saving accounts, will it need to be the amount of the poverty line of 2020 such as 22k USD ? Or can it be less and we can also add an asset such as our car that can reach that amount, once approved we will sell our car?

2- Move to US without my wife, get a job and once i have worked for 6 months apply for the i-130 and while we wait for the process to be approved she can come visit on a ESTA visa, once the i-130 gets approved she no longer can come visit as Esta visa and will need to stay in her country Portugal while the interview is schedule? Then if the interview goes well and she gets her Green card then she can move to US ? Or she will still need to file for k-3 ?

I am sorry  bit confused  regarding this process as I also have read regarding the K-3 and i129.

 

[aaron2020 11,651]

1.  You need 3X the poverty level.  $22k USD will not be enough.  You need $66k USD.

 

2.  You can file the I-130 now from Portugal..  During the 12-18 months immigration process, you can return to the US.  She can visit throughout the immigration process.  An approved I-130 does not prevent her from visiting on ESTA.  Once she gets the immigration visa, she automatically gets a green card upon entering the US.  Very few K-3 are issued, so it's not a realistic path - don't even bother.  Look at the I-130 and the CR-1/IR-1 spousal visa process.  

[johnny__08 0]

19 minutes ago, aaron2020 said:

1.  You need 3X the poverty level.  $22k USD will not be enough.  You need $66k USD.

 

2.  You can file the I-130 now from Portugal..  During the 12-18 months immigration process, you can return to the US.  She can visit throughout the immigration process.  An approved I-130 does not prevent her from visiting on ESTA.  Once she gets the immigration visa, she automatically gets a green card upon entering the US.  Very few K-3 are issued, so it's not a realistic path - don't even bother.  Look at the I-130 and the CR-1/IR-1 spousal visa process.  

In that case I need to go to the 2 option and once the interview is schedule it will be in the Portugal and not in US correct? I will also have to be present?

[Crazy Cat 39,226]

Just now, johnny__08 said:

In that case I need to go to the 2 option and once the interview is schedule it will be in the Portugal and not in US correct? I will also have to be present?

Visa interviews are never conducted inside the US.  Petitioners are normally not required to be present.

[aaron2020 11,651]

11 minutes ago, johnny__08 said:

In that case I need to go to the 2 option and once the interview is schedule it will be in the Portugal and not in US correct? I will also have to be present?

Your wife's immigrant visa interview will happen at the US Embassy in Portugal.  It's her interview, not yours.  Your presence is not required.  In fact, they may not even let you into the US Embassy.

[HRQX 4,145]

4 hours ago, aaron2020 said:

Your wife's immigrant visa interview will happen at the US Embassy in Portugal.

That is incorrect. https://fr.usembassy.gov/visas/immigrant-visas/ "Immigrant visas to the United States are processed for citizens and residents of France and Portugal at the U.S. Embassy in Paris."

5 hours ago, johnny__08 said:

In that case I need to go to the 2 option and once the interview is schedule it will be in the Portugal

The interview will be in Paris, France.