nebodihome

But can't I maintain residency in the U.S. even while working abroad? I could rent an apartment in my name, travel back every 4 months, and have a U.S. bank account. Is that not enough to maintain residency, even if I'm working abroad?

Am I correct? Anyonbody? Darnell?

If you're not currently residing in the US then you need to prove that you will re-establish residency either before or at the same time the beneficiary will travel to the US.

But can't I maintain residency in the U.S. even while working abroad? I could rent an apartment in my name, travel back every 4 months, and have a U.S. bank account. Is that not enough to maintain residency, even if I'm working abroad?

DCF is an option for many countries...

You're right. Although I doubt Rwanda is one of them, but even if it was, filing is not my main issue. Having it accepted as a valid application that leads to a successful interview is the main concern!

Item 7 - sorry, not have clue for your intended duration. Now you are mentioning 2 years.

Just remember a few bits, aye? Add these into yer equation:

1. after visa issuance, have 6 months (usually) to enter into the USA

2. a good pattern 'to return' to USA whilst living abroad with you, seems to be every 4 months - return to USA for 2 to 3 weeks, then back to your Country B.

3. remember, it can take up to a year to have the visa interview date set - if you wish to make it longer than that - delay sending things into NVC, but do keep in touch with them - you have up to 1 year to submit all into NVC. So,

get married in country A, the two of you live in Country B for a year.

File the I-130, take 2 to 7 months on approval then

delay your documenent intake at NVC to span a year from start to finish

then

ask for a later interview date when the casefile is at NVC.

you can stretch things, you betcha - but there are some hard dates/durations that you must factor, or refactor into yer timeline for your plan. You could actually have the last thing to do, for the two of you to come into the USA together, activating the IR-1 visa, 2 or 3 years after you marry - no need to rush to file with USCIS, no need to rush paperwork at NVC.

Good Luck !

Okay, thank you for the excellent advice. The truth is that there is no set date on my assignment. I could make it 1 year or I could stretch it to my entire lifetime if I really wanted to, most likely. In the end, I just want the two of us to be able to live together and for her to be able to come to the U.S. when I do.

Once I come back to the U.S., I would also likely transfer to a different company at that time, therefore I doubt that at any point in time I will be able to say, "Exactly one year from now, I will be back in the U.S."

I think the best thing to do is, as you said, marry in A and live in B, and then when I start looking for a job in the U.S. again, I could forward everything to the NVC. Then, they would set an interview in say 2-7 months, and she would have another 6 months to enter the U.S. on the Visa. This would then give me 8-13 months span, from the day I start looking for work back in the U.S., to move into the U.S. In this situation, I basically am guaranteed to move back at the same time with her, or move before she is approved but the wait would only probably be 3-4 months.

Thanks!

My only real concern would be whether my then-wife would be allowed to re-enter as it would probably be considered suspicious that she left the U.S. for 2 years after becoming a legal permanent resident. I just read this: http://www.avvo.com/legal-guides/ugc/maintaining-lawful-permanent-residency-while-traveling-abroad

Does anyone have input on this? If my U.S. company sponsors my then-wife's visa abroad, which it would, would that be good enough evidence to the DHS that she has definite intent to return? Since she is married to a U.S. citizen and is being sponsored by his company abroad?

item 4 - you really meant I-130, not I-129F. Pursuing a K-1 or a K-3 is silly, given your parameters. You want to pursue a CR-1 visa.

Yes, you are correct. I meant I-130. By the way, I was waiting for you to appear!!! Do you have input with regards to how likely it would be that my then-wife would even be allowed to enter the U.S. again after leaving for 2 years? Is it enough to document that she is living with her U.S. citizen husband who has an assignment abroad?

Country A is Colombia, Country B is Rwanda or Kenya

Thank you for the well wishes. I know it's not easy to pull off, and of course I will have a relative helping me with all the documents in the U.S., but overall I just wanted to make sure my plan does not do something where it's obvious that U.S. officials will not let it go through. For example, they will say to her, "Your spouse is currently in Rwanda? You're crazy! Wait until he is in the U.S., get outta here!"

Wow very secretive code name for: Country A, B...

okay anyways...lets move on.

If you marry, then you have to file CR1 which is I-130, which is for your spouse.

I-129F is for K1 Fiancee, i think you got mixed up there.

Once you submit your I-130, you have have to file several other documents. It is also good idea to have US address where they will mail any issues with your applications (ex: RFE(request for more evidence, or any missing documents etc...)

So it is good idea if you have someone who will mail all these documents from US to the USCIS and then to NVC.

Overall, your plan is a very Grand plan so just be prepared for any unforeseen issues.

Best wishes

Situation: I am a citizen of the U.S., plan to marry my fiancee in her country A, and I plan to work and live in a country B for the next 2-3 years, after which we will move to the U.S.

My idea:

1. We marry in her country A.

2. I move to B, where I start work.

3. I maintain residence in the U.S. while working in country B, maintain bank account, make trips to U.S., etc.

4. I petition for the CR-1 by submitting the I-129 in Chicago.

5. She interview in her country A, receives Visa.

6. I fly back to the U.S. and then she enters the U.S. on her Visa.

7. We go back to live in country B and then move back to the U.S. after the completion of my assignment.

My assumptions:

1. Even though I will have income in country B, this is okay since my mother can sponsor.

2. Even though I will be temporarily living in B, I can show that I have a residence in the U.S., so it should not be a problem to do all this even though I'm working abroad.

3. Once she comes into the U.S. on a CR-1, she can exit the country and enter freely again later, unlike on a K1.

Can this all work? Originally, the idea was to wait until I go back to work in the U.S., but if I can maintain residence and my mother can sponsor my fiance, I don't see why I can't do my plan? After all, just because I have an assignment abroad doesn't mean I am not an engaged U.S. citizen...

I just found this: http://manila.usembassy.gov/wwwh3207.html

Not that the Philippines have anything to do with my situation, but I assume the process would be the same. The way that link lays it out, it makes me wonder whether I need to establish domicile at all if my mother, who will be living permanently in the U.S., sponsors my spouse? It seems like the establishing domicile is only intended to give legitimacy to the I-864, but if someone else sponsors, then as long as I am the spouse and the U.S. citizen, I don't need to worry about demonstrating my intent to live in the U.S.?

--

fwiw - she will not be chasing after a K-3. I need to you understand that, soonish.

So she will be chasing for the CR1.

1. If I am working abroad in country B, I can still file (with help of a friend in the U.S, or by physically visiting the U.S., or by snail mail) in Chicago and my then-spouse, even though she will be temporarily residing with me in B, can then travel back to her home country A and do the interview there?

2. But I also need to make sure that once I petition in Chicago, that I have already began the process of "re-establishing domicile" etc. ?

3. As an alternative to #2, can I travel back to the U.S. every 6 months and thus maintain residence there (say, at my parent's home) while working abroad, and have my mother sponsor my spouse, thus avoiding everything under #2?

Thanks! I will keep digging, of course

Go to the country on intended travel and look at what the requirements for a Columbian are. Also check all intended points of landing as transit visas may be required of her as well. Her marriage to you does nothing until she can file for USC and obtain a US passport. Until then she travels on her Columbian passport just like every other person living in Columbia. The only advantage she has is that she can use you as her proof of sufficient funds and ties to another country which might help in obtaining a visa.

Dave

That's what I was trying to get at. Usually, proving funds and ties to their own (or another) country is the biggest hurdle for Colombians trying to obtain tourist visas.

I was mentioning the DCF forum solely for you to read about 're-establishing USA domicile' bits, as this is one of several things a returning expat must do.

as for your approach to filing a DCF'd I-130 - hey ! check the availability of this with Country B, the US Embassy there. As of mid August 2011, this option was yanked from over 1/3rd of the US Embassies worldwide - anyone living abroad in that 1/3rd 'patch' has to file to Chicago now.

on yer item 2 - it's really USCitizen Specific - you have to have 'time of presence' in Country B - she can't interview in Country A on any DCF'd I-130 at all.

3. sure.

Okay, so let's say I am in Country B and file through Chicago (I assume I can live abroad but still file in Chicago, even if this would end up being expensive for me). My spouse, even if she lives with me temporarily in country B, can still file for her visa in her home country A and interview there, correct?

In a nutshell, this is my situation: I will be working in country B. My fiance is in country A. We want to get married in A and have her live with me in B, and then move back to the U.S. together. We would prefer for her interview to be conducted in her native language in country A. What is the best approach?

Thank you.

YES.

1. Yes. Drill around in the DCF forum - we have lots of posts there covering 're-establishment of domicile'

2. Only if truly doing a K-3. Assume for the moment it's unavailable to you, and you have to handle a CR-1 path instead. She doesn't have to get back to 'file for the visa' but must be there for medical and interview.

3. Sure. On a K-3, she has 2 years after first entry into USA before the next Adjustment of Status.

Some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Darnell, thank you for your reply. I did a quick skim through the DCF forum and links and, my quick and dirty conclusion is:

1. I can be working in Country B and file the I-130 at Country B's U.S. consulate

2. My spouse, whether living with me in Country B or still in Country A, can file for CR-1 visa in Country B and return to her Country A for the medical and interview (I just want to make sure she can come back to her country for the interview in her native language...)

3. Someone, like my parent, can fill out the I-864 as the joint sponsor (so that I can avoid the hassle of proving I will have a job once I move, etc.)

Is that all correct? Thanks!

If I am a U.S. citizen working abroad in Africa, and also residing there with my Colombian spouse, does the fact that she is married to me and that we share a bank account in Africa make it easier for her to obtain a visa to travel to Europe?

In other words, it is very easy for U.S. citizens to travel to Europe. Not so much for Colombian citizens. But if the Colombian citizen is married to me, living with me, and shares a bank account with me, is it still difficult for her? Or are things such as proving that she has funds, etc. much easier for her in this case?

Thank You!

If I am a U.S. citizen, my spouse is from country A and we are residing together temporarily in country B (where I am working abroad), can I petition for my spouse to come to the U.S. via the K3 process?

The aim would be that once I get notice from my employer that I would be moving back to the U.S., I would begin the process and then, about 1 year later, we would both come into the U.S.

Some concerns:

1. Since I would be temporarily abroad, do I need to demonstrate that I would be relocating back to the U.S. permanently within the year? How do I prove this?

2. Since my spouse would also be with me in Country B, would it be reasonable/acceptable for her to travel back to her Country A to file for the visa and do the interview?

3. After my spouse enters the U.S. on a K3, would she be eligible to exit the U.S. immediately to visit her family in Country A, for example?

Thank You!

I guess you are right. My fear was that the permission would be annulled upon entering again. Again, I know the best thing is for her to talk to an attorney, which she had made an official appointment for this upcoming Wednesday. Meanwhile, I guess I am must anxious. By the way, found out that ask visa interviews for someone residing in Rwanda are conducted in Nairobi, Kenya.

Also, if she is living in Rwanda but cannot conduct a k3 interview in English of French, and there are no Spanish translators, would she be allowed to travel to, say, Argentina for the interview (so as not to risk coming back into Colombia and risking the permission from her daughter's father being annuled?

Okay, have to add a small part: My fiancee said her mom spoke with a friend who is a lawyer, and was told that every Colombian needs to show proof of a bank account when exiting the country. Does anyone know anything about this? To me, this seems more from the Colombian side as I have never heard of a fiance or spouse needing to document a bank account on the K1 or K3, unless its the petitioner's or joint account...

So, does anyone know about anything about this? My best understanding is that this is a requirement from the Colombian side to prove that the person has enough funds to exist the country... But this seems extraordinarily strange. If the person has a ticket to leave, what more would the Colombian side require proof of?

He doesn't know any of that about me, and I know him declining visitations is not relevant, just wanted to say it. But I do have a tendency to run before I walk. I will not respond here anymore as I think this post has run its course.

For those of you who have been following all of this in great suspense (joke), here is an update:

The father called today seeing if he can see his daughter, my fiance said sure and told him that it's a possibility that she would soon need his signature to allow his daughter to exit the country. He said he thinks that would be fine and suggested they talk about it in more detail later. While I know that is far from a yes, it does collaborate with my fiance saying that she thinks he would give the permission (she knows him better than I do).

Among other details, when the custody agreement was signed, he declined all visitation rights, citing that he didn't have the time. My fiance let's him see the daughter for the sake of the daughter.

Colombian law differentiates between travel and emigration, even though both entail leaving the country. A travel permission is binding as the child must return within 90 days. A permission to emigrate is for when the child is to leave permanently. However, if the child is going to Rwanda on a temporary visa, by definition the permanence condition cannot be satisfied. Now, how much that technicality matters from the Colombian side I don't know.

Another question: Once my fiance were to receive her K1, how long would she have to actually go to the US? Could she go there before I come back? Since she would have her green card, could she fly to the US and then come back to Rwanda?

Thanks!

I think what I was getting at is that I think there are two types of permissions the father of her daughter can give... First, to travel to another country, valid for 90 days... Second, to emigrate... Given that her daughter will seek to live in Rwanda with her stepfather for two years, this does not seem to be fitting for a travel permission nor an emigration one... Which makes me wonder if such a permission exists at all, where her father lets her leave the country to live in another country for two years (but not emigrate there). This is strictly a Colombian issue, has nothing to do with Rwanda. It has to do with the types of permission a Colombian father can give for his child leaving Colombia, period.

Thank you for your answer to my first question. On your second point, I consider my second question within the scope of this discussion since it is a part of the emigration process for my fiance, her daughter, and myself, given that our approach will change depending on the answer to the second question. All the more, people here are likely to be knowledgeable about my second question.

1. Am I allowed to begging the process of emigrating my spouse from Colombia into the US, even though I will not be in the US at the time nor she in Colombia?

2. How can her daughter get permission to live in Rwanda on an emigrant permission from her father since she is not emigrating there? And then, how can she not return to Colombia if her permission from her father to travel abroad can only be valid for 90 days?

Thank you for your help, everybody. My fiance is in the process of setting up a consultation with a family law attorney. She continues to insist that he will say yes without getting any money, because he doesn't come around much, will be pressured by his family, still probably will want what is best for his daughter, is in another relationship, and she thinks he also has a younger boy with someone else. I trust her sense, and she is well aware of his macho ways.

My new worry is that according to Colombian law, the child can receive permission to travel for 90 days, or permission to emigrate permanently... Which makes me wonder what the solution will be if the daughter plans to live in Africa for two years, then come back and start the process of emigrating to the US. I almost think that will be an impossible route for us to pursue because how can the daughter go to Rwanda for two years but not seek to emigrate at that time? Maybe adoption becomes a good option again... Thank God for family law attorneys, but meanwhile will take any other advice

No need to start a new thread. Keep the conversation in one place.

I apologize, but the reason I started it here was because I felt that people on this specific forum might be more knowledgeable about this specific process. Permission to keep thread? I will be more judicious in starting threads in the future.

Can someone tell me: IF two people were married, both Colombians, and one of them got a job offer in the U.S. and the other applied for an H4 visa, can the person receive an H4 visa even if they themselves do not have a steady income (but their husband can provide 6 months of his own pay stubs from his U.S. job)?

Thank you.