Does my spouse need to go back to the US?

[moujard 0]

Hello,

My husband and I are currently living with each other in Turkey. I am from Iran and he is American. Because my husband job can be done remotely we decided to move together when we met each other and got married last year. He filled my paperwork to come to the US from Turkey. Now our I-130 petition is still being looked at the USCIS. We recently talked to someone and he told us that as soon as our case moves forward to the NVC stage, my husband needs to go back to the US and stay there till my visa comes. We of course do not want to be separated so this was quite heartbreaking for me. 

Has anyone gone through this situation before? Is there anyway we can stay together while our case moves forward?

Thank you for your help

[Dashinka 24,597]

To my knowledge, your husband does not need to move back at the NVC stage.  He will have to gather proof of intent to re-establish domicile with you back in the US when your interview comes up, and after the spousal visa is issued, he will either have to come to the US first, or at the same time as you upon your first entry (i.e. you cannot enter the US with your spousal visa before him).  I would search "re-establishing domicile immigration" in your favorite search engine or using the search function here in VJ, but many couples live together outside the US until the visa is issued.

 

Good Luck!

[pushbrk 12,979]

15 hours ago, moujard said:

Hello,

My husband and I are currently living with each other in Turkey. I am from Iran and he is American. Because my husband job can be done remotely we decided to move together when we met each other and got married last year. He filled my paperwork to come to the US from Turkey. Now our I-130 petition is still being looked at the USCIS. We recently talked to someone and he told us that as soon as our case moves forward to the NVC stage, my husband needs to go back to the US and stay there till my visa comes. We of course do not want to be separated so this was quite heartbreaking for me. 

Has anyone gone through this situation before? Is there anyway we can stay together while our case moves forward?

Thank you for your help

"Someone" is a famous unreliable source.  In this case, definitely wrong.