Fiance (petitioner) working overseas

[Lu & Keith 0]

Hi guys,

My fiancé (US citizen) is currently working as an independent contractor in Afghanistan. His contract finishes in August but, due to the economy, he's thinking of taking another one, but this time to work a month in Afgahnistan and have a month off in the US. This would allow him to stay with his kids and with me (when I get there), among other things.

Another reason for taking another contract is that he must be employed to take me to the US (am I right?).

He looks for other jobs in the US every day, but unfortunately it's not easy to find one.

My question is: since he'll spend one month overseas, would this be a reason for preventing us to have the visa approved? I mean, is there any chance that the CO thinks something like "Why does he want to take her to the US if he won't be there half of the time?", or suppose that our relationship is not genuine because of this and does not give us the visa?

Am I making myself clear enough?

I was thinking that the military people probably leave their wives in the US when they are deployed, but I don't know if my case can be compared to theirs...

Does anyone know anything concerning this situation? If this can be a problem, do you have any suggestions about it?

Thanks for your attention!

Lu

Edited June 28, 2009 by Lu & Keith

[Usui Takumi 1,562]

I think it can be an issue when it comes to the support document. I applied while working abroad. However, by the time of my wife's interview I was back in the US working, hence the support documents were US based.

That being said all my 2007 tax returns showed only 8,000 dollars and my 2006 and 2005 and 0 USD. All three years I filed taxes showing my UK income but still no money in the US. I did however have the US employer letter and payslips

If you can prep a sponser, go ahead and file and then if their is no US job, you can fall back on that. You may also meet asset requirements....

(Btw is he a government contractor? Because then there is no support issue)

Edited June 28, 2009 by lancer1655

[Ray&Kasia 1]

Hi, my fiance is merchant seaman, 70 days he's at work, and then he gets back to States for 70 days. I already got my visa, and the fact he's for so long out of States has never been an issue.

[Gary and Alla 3,694]

Hi guys,

My fiancé (US citizen) is currently working as an independent contractor in Afghanistan. His contract finishes in August but, due to the economy, he's thinking of taking another one, but this time to work a month in Afgahnistan and have a month off in the US. This would allow him to stay with his kids and with me (when I get there), among other things.

Another reason for taking another contract is that he must be employed to take me to the US (am I right?).

He looks for other jobs in the US every day, but unfortunately it's not easy to find one.

My question is: since he'll spend one month overseas, would this be a reason for preventing us to have the visa approved? I mean, is there any chance that the CO thinks something like "Why does he want to take her to the US if he won't be there half of the time?", or suppose that our relationship is not genuine because of this and does not give us the visa?

Am I making myself clear enough?

I was thinking that the military people probably leave their wives in the US when they are deployed, but I don't know if my case can be compared to theirs...

Does anyone know anything concerning this situation? If this can be a problem, do you have any suggestions about it?

Thanks for your attention!

Lu

That he is working overseas is not a problem, but he must have a permanent US address and a mailing address where someone will check his mail for any notifications the USCIS sends (RFEs for example) The other problem is that once you have your vias and enter the US, you cannot leave until you have an AP or AOS and there is a 75% chance he will have to attend an AOS interview with you. These are persoanl concerns, something the two of you need to work out, not something that will interefere with the visa or AOS, unless you don't take care of them.

Yes, he needs some means to support you, a job, or plenty of assets.

There is nothing in the siutation of working overseas that disqualifies you from getting a visa, but it makes things more difficult for you, logistically

[Lu & Keith 0]

Hey Gary,

Yes, he has a permanent US address. His mother checks his mails about once a week.

I also know about the single entry on the K-1 visa... He is thinking about asking for a month leave when I get there, so he can stay with me and help me get started... (in this case we would have about 2 months together there at the first time).

By the way, how long does it usually take until the AOS interview?

lancer1655,

He is a NATO contractor, however he works for a company who works with NATO. I don't understand very well about US taxes... all I know is that he makes more than enough money to support me and his kids...

But I honeslty don't know more about it. Anyway, I'll ask him and let you know!

Thanks!

Edited June 28, 2009 by Lu & Keith

[rebeccajo 14]

It really just sounds to me like he has a US job that requires him to travel. Doesnt' sound like a problem at all.

Moving to Consular forums as that is where the issue lies.

[Gary and Alla 3,694]

Hey Gary,

Yes, he has a permanent US address. His mother checks his mails about once a week.

I also know about the single entry on the K-1 visa... He is thinking about asking for a month leave when I get there, so he can stay with me and help me get started... (in this case we would have about 2 months together there at the first time).

By the way, how long does it usually take until the AOS interview?

lancer1655,

He is a NATO contractor, however he works for a company who works with NATO. I don't understand very well about US taxes... all I know is that he makes more than enough money to support me and his kids...

But I honeslty don't know more about it. Anyway, I'll ask him and let you know!

Thanks!

I cannot say how long it takes until the interview, ours was two months from filing but some are more like 6 months and some have no interview at all (about 25-30%)

For taxes, he will have to file a US tax return in any case, though his income may be exempt from taxes, or part of it anyway. Depending on the laws where he works, he may also have to file in that country. I cannot say for Afghanistan. I worked in Canada for a year and had to file in both countries but only pay tax to one of them, that is the agreement the US has with Canada.

Being exempt from tax is not the same as being exempt from filing. Many military contracor jobs are tax exempt BUT you still have to file to show if there was any other income which was taxable. They may you go through the motions.