Advices for a US and French citizen not living in the US

[margotjuv 0]

Hello,

 

I have American and French citizenship. I always lived and worked in France. My husband is French, but we are planning to move to the United States.

 

We submitted the I-130 petition in April 2024. Our case is still pending.

 

Does our case can be automatically denied because I am not currently living in the US ?

 

Can we do something more ? What are the following steps that we should prepare ?

 

We are looking for advices to stay on the right path and avoid mistakes.

 

Thank you very much for your help.

[Crazy Cat 43,473]

Areas which might need attention at the NVC stage of the process:

1.  Your back taxes.

2. Evidence that you intended to establish domicile in the US.

3.  Sufficient income or assets to sponsor a new immigrant.

 

 

[Crazy Cat 43,473]

Back Taxes-  As a US citizen (and sponsor of an immigrant), you must have filed taxes in the US for the past 3 years (if your income was above the reporting threshold).  As you will be the primary sponsor of your spouse, this is required as supporting evidence for an I-864, Affidavit of Support.  If your income was below the filing threshold, you can explain why you were not required to file taxes.  Be aware that US citizens must report world-wide income regardless of where you reside and regardless from where the income was earned.

 

Evidence that you intend to establish domicile & relocate to the US-  You will have to provide evidence that you either reside or intend to reside in the US.

 

Sufficient income or assets to sponsor a new immigrant-  As the primary sponsor of your spouse, you or a Joint Sponsor will have to show evidence that you have sufficient  current annual income continuing after relocation to the US or sufficient assets to sponsor a new immigrant.  This will be supporting evidence for the I-864, Affidavit of Support. 

 

Edited April 9 by Crazy Cat

[Crazy Cat 43,473]

21 minutes ago, margotjuv said:

Does our case can be automatically denied because I am not currently living in the US ?

No.  You must either live in the US or show evidence that you intend to re-locate to the US to live.

Edited April 9 by Crazy Cat

[margotjuv 0]

Thank you a lot for your help !

 

Do you know what kind of documents could be used as evidences to proove that we intend to reside in the US ?

 

Should we upload them now on our petition I-130 as additional evidences or should we wait USCIS to asks for it?

 

If we upload now additional evidences, I rode that it could delayed our case, do you know if it's true ?

 

Thanks again

[Crazy Cat 43,473]

The items I mentioned will be required at the next stage- NVC.  No need to upload them now.  Evidence of intent to establish domicile could consist of things like intended living arrangements (rental agreements, listings,etc.), job inquiries, school inquires, other concrete steps toward moving.

 

Edited April 9 by Crazy Cat

[pushbrk 13,381]

5 hours ago, Crazy Cat said:

The items I mentioned will be required at the next stage- NVC.  No need to upload them now.  Evidence of intent to establish domicile could consist of things like intended living arrangements (rental agreements, listings,etc.), job inquiries, school inquires, other concrete steps toward moving.

 

Evidence of "concrete steps" must be real/actual.  You decide the steps and provide the associated evidence.  

[Boiler 46,842]

I have not heard of Paris being difficult?

 

Do you have accommodation lined up have you been back recently or intend to soon?

[margotjuv 0]

Thank you very much Crazy Cat, pushbrk and boiler for your informations, this will help us for sure !