File IR1 application while living abroad?

[johnjc 0]

Hello,

I have a quick question.

My wife is from the US and we will apply for the IR1 visa. I understand we first file the I-130, then if approved, we apply for the visa.

My question is: is my wife required to be in the US while this process takes place (I-130 petition and IR1 application), or can she be living abroad (outside the US) with me?

Thank you very much,

John J.

[Penguin_ie 5,993]

She can live abroad, she just needs to prove she intends to move back at the same time (or before) you, the immigrant.

She will need to file the affadavit of support (financial docs), and for that she needs either a US based job, a US based co-sponsor or assets.

[lost_at_sea 995]

Yes, she can be living abroad HOWEVER she will need to complete an I-864 for you, which requires her to either have a US domicile or to have evidence that she will be re-establishing one. Google "I-864 instructions" to find the PDF that'll expand on this is search the forums.

+ what Penguin said. There is a financial aspect that must be met.

Edited December 28, 2013 by lost_at_sea

[sportymom 2]

Yes, she can live or stay abroad during the entire process. She can even go with you on your interview when that time comes. However, make sure she has all the ITR's for the last 3 years ( to make sure) ) together with the W2, just in case they ask that's is to be on the safe side (W2). In our case it was asked during the initial interview but not during the Consular Interview. Also, the I-864 needs to be completed. Do you have a co-sponsor? If so, they would require the co-sponsor to fill up the I-864 and a some sort of agreement between the petitioner and the co-sponsor which is to be signed by the co-sponsor. Unless, it depends on the country where the beneficiary is from. But we were required to submit that which caused us a little delay on the process. But everything is worth the wait... It was slowly but surely. I have my visa last month...