Belgian and US citizen living abroad in different countries

[ang111 0]

My girlfriend and myself live in seperate countries,respectively Greece and Belgium. Since my girlfriend

is a native American she is still a US citizen although she also has the Greek nationality. The same

goes for two two children she has from a previous marriage. Since there is no future for the both of us

in Belgium (she doesn't speak Dutch or French and doesn't have a degree to find a good job) and the

economic situation in Greece would seriously diminish my chances of finding a good job (I have two master's

degrees -History of Art and Archaeology- yet no real working experience in that field of expertice since I

just graduated).

This is why we decided that within two years or preferably even less, we could both move to her

country of birth United States. Since we were planning on getting married anyway (sometime in the future), we were hoping I (as a Belgian citizen) could get the status of Lawful Permanent Resident since then I would

be her spouse. However, I did some research and it seems that the criteria for her to be a sponsor

require her to already have a stable life in the States and thusly having a steady job. This would be

the tricky part, since she would also depend on my income once we arrive in the States together. We would

both have to find a job after we enroll the kids in school (which is problematic considering the affidavit

of support criteria regarding the sponsor). Of course we would make sure that we had enough money to live

off until we did find a job.

Our situation is probably not common. What is the best procedure that we could follow in our specific situation (her not living in the States yet and not having a stable income yet). We would be grateful if someone could answer this very important question or at least refer us to a person

who can help clarifiy this issue. (An important question: is there any way to go to the country (after getting married) and start the procedure there?)

Thanks for reading!

[Joel Halfwassen 0]

You are nowhere NEAR unique. You are going to need to find a finacial sponser. Someone who is willing to sign on the dotted saying that they are willing to support you and your wife. Everything else is the same.

Joel

[tom&tata 2]

For immigrant visa (either under DCF or CR-1/IR-1), I think you can use either co sponsor or joint sponsor or asset (from the USC or the intending immigrant) to mitigate the lack of USC income issue.

I think I read somewhere that meauxna used asset when she filed the immigrant visa for her husband through DCF. You might want to contact her.

Good luck !

Edited July 10, 2006 by tom&tata

[meauxna 15]

My girlfriend and myself live in seperate countries,respectively Greece and Belgium. Since my girlfriend

is a native American she is still a US citizen although she also has the Greek nationality. The same

goes for two two children she has from a previous marriage. Since there is no future for the both of us

in Belgium (she doesn't speak Dutch or French and doesn't have a degree to find a good job) and the

economic situation in Greece would seriously diminish my chances of finding a good job (I have two master's

degrees -History of Art and Archaeology- yet no real working experience in that field of expertice since I

just graduated).

hi!

Just had to giggle at this bit---I'd think your degrees would be *perfect* for work in Greece, but man, learning Greek will slow you down!

Points for you to confirm:

Does your GF hold a US passport? IE: her citizenship is established and proved.

Do the children have US passports? US citizenship is not passed automatically under some circumstances where the mother has lived outside the US for a period of time. Permission from both parents is required to get a US passport (or appropriate custody documentation).

This is why we decided that within two years or preferably even less, we could both move to her

country of birth United States. Since we were planning on getting married anyway (sometime in the future), we were hoping I (as a Belgian citizen) could get the status of Lawful Permanent Resident since then I would

be her spouse. However, I did some research and it seems that the criteria for her to be a sponsor

require her to already have a stable life in the States and thusly having a steady job. This would be

the tricky part, since she would also depend on my income once we arrive in the States together. We would

both have to find a job after we enroll the kids in school (which is problematic considering the affidavit

of support criteria regarding the sponsor). Of course we would make sure that we had enough money to live

off until we did find a job.

You've done your research---thanks! You could indeed gain LPR status (Green Card) through marriage to a USC.

To sponsor you, your USC spouse must demonstrate that they have, or are obtaining, domicile in the US. As far as I can tell, this is strictly related to the Affidavit of Support I-864, not any of the other petitions or applications. There are several important domicile links in the DCF Guide: http://www.visajourney.com/forums/index.ph...om&page=dcf

Once established that your (then) wife lives or intends to live permanently in the US (where 'permanently' is a technical term, not a commitment), you then approach the financials. The I-864 rules have *just* changed, and they will make it easier for you two to support yourselves in the immigration process. Suggest your find the new rules in a pinned thread in the IR/CR forum or the NVC forum---it will be the last post in the thread, don't waste time reading the old rules.

The new form I-864 speaks directly to use of the intending immigrant (you) income and/or assets. If you do not have US based income, you are going to have to rely on assets (can be located anywhere). If you do not have sufficient income+assets on your own, and she will not be going ahead to the US, getting a job etc, your only option is a USC or PR who IS domiciled in the US and will be your Joint Sponsor. This is most often a family member, but that is not required if you have friend in the US who will do this for you, or an organization (don't know what Tribe she is from but there may be resources there).

There is a lot to digest there, but this is the next imporant step that you need to work out.

Our situation is probably not common. What is the best procedure that we could follow in our specific situation (her not living in the States yet and not having a stable income yet). We would be grateful if someone could answer this very important question or at least refer us to a person

who can help clarifiy this issue. (An important question: is there any way to go to the country (after getting married) and start the procedure there?)

Thanks for reading!

There are occasionally posts from people in similar situations---USCs who have *never* lived in the US etc. Maybe you could tell us more about your GF's history--when did she leave the US etc (and what a facinating combo! How does she like living in Greece?)

Hopefully the above has given you the tools to find out the answer you are looking for.

I appreciate that you posted here, for the benefit of all, instead of chatting by email. You ask here, as you did in e, about coming to the US so you can get yourself established *before* getting the immigration part done. Unfortunately, that is not an option. You may not use a non-immigrant entry to immigrate to the US, ie: you must have the appropriate entry document for your stated purpose at entry. If you come as a visitor, that's for a visit. You'd also be left in legal limbo for a long time--the advantage to getting a proper immigrant visa before you come is that you are legal to live, work, travel from the first day.