Family Visa Process Petioner Abroad

[enr8607 0]

Hi Everyone,

 

I am a US citizen living with my spouse abroad since 2020, married two years in May. I-130 petition was submitted in May of 2023. I have not maintained US domicile while abroad as I have a foreign job here and am earning foreign income. I still have a US bank account, but I have not filed federal tax returns since the last year I worked there, in 2019. I would like any advice on the process of my husband gaining his family visa after I-130 is approved- there is a lot of conflicting information out there. 

 

I have been told the following:

- Once I-130 approval, the case will move to the NVC stage. During this stage and with documents requiring submission, I will need to submit evidence of "intent to re-establish US domicile". These include job applications, job offers, US bank account info, etc (any advice on documents required is welcome). In addition, since my income is foreign, I will not meet the minimum financial requirements for sponsorship, and we will need to submit an I-864 with documents from a person in the US willing to sponsor who is over the minimum income threshold. 

 

OR

 

- Once I-130 approval, once case moves to the embassy, my husband's visa will be automatically denied, as I have not maintained US domicile while living abroad since 2020. Therefore, before or after I-130 approval, I must move back to the US. I need to begin working in the US and gaining a paycheck (3 months minimum) in order to prove US domicile and only then can my husband move on to the consular processing stage. (If so, any advice on this process is welcome)

 

OR

 

- I must begin looking for a job in the US now. If I have a job offer at the time of I-130 approval, we can apply for DCF exemption to push through the visa. (If so, any advice on this process is welcome)

 

OR 

 

- This case is not straight forward, and I should consult an immigration lawyer. 

 

Thank you so much in advance for time and advice!

Edited March 5 by enr8607

[Crazy Cat 41,975]

13 hours ago, enr8607 said:

but I have not filed federal tax returns since the last year I worked there, in 2019.

If you earned enough to meet the filing threshold, you must file back taxes for the 3 most recent tax years.  All US citizens and legal residents are required to report world-wide income regardless of residence and/or work location.  Your case will not proceed beyond NVC until you provide evidence of tax filing (if required to have filed).

 

13 hours ago, enr8607 said:

- Once I-130 approval, the case will move to the NVC stage. During this stage and with documents requiring submission, I will need to submit evidence of "intent to re-establish US domicile". These include job applications, job offers, US bank account info, etc (any advice on documents required is welcome). In addition, since my income is foreign, I will not meet the minimum financial requirements for sponsorship, and we will need to submit an I-864 with documents from a person in the US willing to sponsor who is over the minimum income threshold. 

This is close to correct.  You, as primary sponsor, must file an I-864 with supporting documents, and you will need a qualified Joint Sponsor to also submit an I-864 with supporting documents unless your qualifying foreign income will continue after re-locating back to the US.  Remember, the minimum income level does not mean accepted income level.  The Consulate officer could require a higher level based on the totality of your situation.

 

13 hours ago, enr8607 said:

- I must begin looking for a job in the US now. If I have a job offer at the time of I-130 approval, we can apply for DCF exemption to push through the visa. (If so, any advice on this process is welcome)

Unfortunately, that ship has sailed.  Since you have already filed the I-130 with USCIS, you no longer qualify for DCF. 

 

You will have to either show proof of concrete steps taken to re-establish US domicile, or you must move back alone and establish domicile.

 

In summary, you have 3 areas to work on:

-Taxes

-Qualifying income or well-qualified Joint Sponsor

-Domicile

Each of those is a show stopper at NVC and the Consulate, and it appears you are rapidly approaching the NVC stage. 

Edited March 5 by Crazy Cat

[Crazy Cat 41,975]

***Topic moved to IR-1/CR-1 Spousal Visa Process and Procedures as OP's case does not qualify for DCF***

Edited March 5 by Crazy Cat

[Redro 4,611]

I130 will be approved as long as they believe the marriage is valid. 
NVC and consulate are where you have issues.

US doesn’t want to issue the spouse of an American a visa if the American is not in the U.S. There is no need for a reunification visa if you are already together… 

You will need to file taxes for the last 3 years. 
You can sponsor someone while living overseas. Depending on the embassy it might be easier or more difficult for proof of domicile.

You can read my story here

 

And a story from the London embassy here.

And here

Any questions just ask me!