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MT.R

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  1. 1) For the affidavit of support you need to make the poverty guidelines in income that will continue after the move, have assets 3x the difference, or have a joint sponsor. So if you don't have a workplace that can transfer you to the USA, or have the assets to cover, you can have a family or friend in the USA also sign an I-864 for your spouse if they make enough money or have enough assets. The AOS isn't needed until the second stage of the processing.

    2) no you do not need to live in the USA to file. You will, however, likely need to proof intent to reestablish domicile by the time of the interview.

    Thank you for your response, however I just found this information on the website http://www.usavisanow.com/spouse-visa-cr1-ir1/

    U.S. Domicile Is Required for the CR-1 Spouse Visa

    You must have a domicile (residence) in the United States before you are eligible to receive a CR-1 Spouse Visa. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (CR-1 & IR-1) immigration cases.

    Now I am wondering how long do I need to be employed in the states before filing?

  2. Hello,

    I am a US citizen living in Finland with my Finnish husband and we got married a year ago in Finland. We are looking to file CR-1 or IR-1 while both living overseas. We know that filing overseas is possible, however, we have a few questions.

    1. How will I be able to file the Affidavit of support if I live and work abroad? Will employment in the US be required?

    2. Do I need to have domicile in the US in order to file? How would I reestablish domicile in the US while living abroad?

    Do I have to move back to the US in order to file? If so, for how long?

    Thank you for your help in advance!

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