American/Spaniard marriage, then move to US

[slverstrrz 0]

I am new here. I am a US citizen, and my fiance is a Spaniard. He and I are planning to get married in the US in August 2008. We want to move to Spain right away, and we plan to live there for 2-3 years, then come back to the U.S. What kind of paperwork should I get started now so that we have a smooth transition when we come back? Should I apply for a fiance visa now? I wonder if he can arrange his US residency papers while we are there. Also, if we want to come to the US to visit, is he able to travel here on his tourist visa even though he's married to an American? Someone please enlighten me!

[YuAndDan 153]

Not much needed for a few years, if you do plan on eventually moving back to the USA, make sure you maintain a US domicile, and file returns with the IRS. US citizen may be exempt from paying taxes on foreign income, but are not exempt from filing returns with the IRS.

US Domicile, and Returns become a big issue when you eventually interview for an IR-1 visa, the US citizen MUST provide I-864, and the I-864 REQUIRES US Domicile, and IRS Return data, you can use a Joint sponsor in the states, but the US Citizen spouse MUST be primary sponsor.

When you do decide to start the visa process you probbably will do DCF filing at the consulate in Spain. K-1 is not an option for what you propose, because moving back to Spain for the length of time you say will just be abandoning the green-card process and will be a waste of a K-1, Spain is a visa waiver program country, so your fiancee could visit you in the USA and marry you, and then you would go to Spain and live for a few years and then file DCF for an IR-1 visa.

[slverstrrz 0]

Okay..so then while we are married and living in Spain, and we decide to make several visits to the US, does he enter the country on his tourist visa?

Not much needed for a few years, if you do plan on eventually moving back to the USA, make sure you maintain a US domicile, and file returns with the IRS. US citizen may be exempt from paying taxes on foreign income, but are not exempt from filing returns with the IRS.

US Domicile, and Returns become a big issue when you eventually interview for an IR-1 visa, the US citizen MUST provide I-864, and the I-864 REQUIRES US Domicile, and IRS Return data, you can use a Joint sponsor in the states, but the US Citizen spouse MUST be primary sponsor.

When you do decide to start the visa process you probbably will do DCF filing at the consulate in Spain. K-1 is not an option for what you propose, because moving back to Spain for the length of time you say will just be abandoning the green-card process and will be a waste of a K-1, Spain is a visa waiver program country, so your fiancee could visit you in the USA and marry you, and then you would go to Spain and live for a few years and then file DCF for an IR-1 visa.

[Chica Yeyé 41]

Okay..so then while we are married and living in Spain, and we decide to make several visits to the US, does he enter the country on his tourist visa?

It all depends on the officer at the port of entry -- you would need to prove ties to Spain (letter from employer, lease, mortgage, that kind of thing). DCF in Spain (for married couples living abroad) is relatively quickly, so you're in luck chica.

[Penguin_ie 6,005]

Okay..so then while we are married and living in Spain, and we decide to make several visits to the US, does he enter the country on his tourist visa?

Doesn't Spain have the VWP? If so, he won't need a visa, tourist or otherwise, to visit your family/ go on holidays in the USA. I am living in Ireland with my USC husband and we travel to the USA 2-3 times a year, with me on the VWP, never a problem.

[SeiChii 1]

help help help help !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

hello guyz this is my situation... im a usc and stayed out of the coutry for 2 years. got married and stayed there for a while... i came back in the us 2 months ago and filed the petition for my husband I-130..... im just wondering while my I-130 still pending can i go back to the philippines while my petition is pending? im concern about the domicile...

i called them and talked the officer and ask them if its ok to be out of the country while my petition for my husband is still pending.. and she said its ok as long im domicile in the us....

shes said as long my address is base on us residency would be fine.. and she ask me if my husband is out of the country... and i said yes.... she said its fine as long my husband is out of the country. and she said if they need more of the paper works to be done my relatives will let me know and inform me that i have a mail and need some documents for me...

i live with my sister and all my mails address there... i just renew my license and looking for a job right now.. but planning to go back 2 months from now.. please help i want to go back to the philippines and be with my husband and wait the approval for 1-13o please need an advice fellows.

by the way i didnt work for last 2 years so i dont have a tax return to file =(

thanks alot guyz =) and have a good day ahead of us wink