Wanting to try to bring my husband to the U.S. from overseas

[taiyoflower 0]

What to do....

My fiance and I are getting married this weekend in the United States. We have been considering two options on how we can bring him back to the U.S..

The situation is a little difficult since my husband to be and I are unsure about if we should apply for I-130 while he waits here in the U.S. or if he should go back to Sweden where he has a permanent resident. It is a little confusing to both of us because originally my husband to be is from Japan.

We have heard and read some posts of Japanese+American citizen couples who have filed for the I-130, but the difference is that there was some other special circumstances in those cases of which my husband to be and I do not have. One of the things that my fiance and I recall is that the Japanese person in the couple who was to be immigrating to the U.S. stayed in Japan during the process of the I-130. We are wondering if he should go back to Japan rather than Sweden since his birth country is Japan. Is it a better choice and can it make the process move along more efficiently?

In the other situation, we have considered that he should stay here to file. There is one thing that we are worried about which is a crucial part of the documentation that I have to submit for the petition. And that is the most recent tax return. Unfortunately my 2008 tax return is not sufficient enough to prove support for my fiance because that year I made less that the required amount for 2 persons. The positive side to this is that this year I am make more than the amount required for the petition but the 2009 tax returns cannot be filed until next year. I am able to obtain documentation from my employer that states that I make a sufficient amount of money to support us.

What I am worried about is, will that letter be enough for the USCIS. And if it is not enough, then will they ask for the additional information or they could reject our case. I think that I have to file the I-485 at the same time since my fiance is here in the U.S. and we would have to request the adjustment of status.

But, if the application for the petition is sent to the USCIS with that one income tax document problem, will I be sent a receipt for the application? And what will happen to my fiance's status? Will he be considered overstayed at that point?

Also, will the processing of the I-130 and the I-485 not start until after the request for additional information?

[Penguin_ie 5,995]

You obviously planned on him getting married when he came for this visit, but did you plan on him staying? If not, and him staying in the USA is a spontaneous decision you two are making now, then he can stay and simply adjust status (see the AOS guides). During the process, he may need to show that he did not intend to stay when he last entered the USA, for example by showing he still has a lease on a appartment in Sweden, a job he is only now quitting etc.

[redglasses 1]

He can take his IV interview at the US embassy in Sweden because he is a resident there.

The country of origin doesn't matter as long as the beneficiary holds a resident status in the country of residence.

[NickD 203]

You obviously planned on him getting married when he came for this visit, but did you plan on him staying? If not, and him staying in the USA is a spontaneous decision you two are making now, then he can stay and simply adjust status (see the AOS guides). During the process, he may need to show that he did not intend to stay when he last entered the USA, for example by showing he still has a lease on a appartment in Sweden, a job he is only now quitting etc.

Of equal importance, his stay here must be legal with a current valid passport, visa if required, and an I-94, the latter can be extended with a form which is the first to expire. You need to send in the entire package plus all the require evidence, I-130, I-485, G-325a for both of you, I-693, I-864, I-765 is optional but also good to send in. Once it's approved, then don't have to be concerned about the I-94 anymore. But can't work until he gets his EDA. Can also apply for a travel document until he gets his green card.

[taiyoflower 0]

You obviously planned on him getting married when he came for this visit, but did you plan on him staying? If not, and him staying in the USA is a spontaneous decision you two are making now, then he can stay and simply adjust status (see the AOS guides). During the process, he may need to show that he did not intend to stay when he last entered the USA, for example by showing he still has a lease on a appartment in Sweden, a job he is only now quitting etc.

Of equal importance, his stay here must be legal with a current valid passport, visa if required, and an I-94, the latter can be extended with a form which is the first to expire. You need to send in the entire package plus all the require evidence, I-130, I-485, G-325a for both of you, I-693, I-864, I-765 is optional but also good to send in. Once it's approved, then don't have to be concerned about the I-94 anymore. But can't work until he gets his EDA. Can also apply for a travel document until he gets his green card.

Thank you for your advice. My fiance and I are glad to hear different points of view from people who have experienced this process.

Do you know any details about the tax returns or proof of sufficient income?

As I share the information that everyone has submitted here on this thread with my fiance, our growing concern is about the tax returns I need to submit.

My employer is willing to give me a letter stating my yearly salary, employment title, and duration of time working for the company. But, I understand that the I-130 requires 3 years of tax returns starting from the current year back. I have read on some threads that the most current year is the most important one. My tax returns for 2008 is not sufficient. But, my 2009 tax return will be.

We are wondering if a letter from my employer can be sufficient enough and then we can be more sure about the package being accepted by the USCIS in order to not worry about my fiance's status.

He can take his IV interview at the US embassy in Sweden because he is a resident there.

The country of origin doesn't matter as long as the beneficiary holds a resident status in the country of residence.

Thank you for your help

You obviously planned on him getting married when he came for this visit, but did you plan on him staying? If not, and him staying in the USA is a spontaneous decision you two are making now, then he can stay and simply adjust status (see the AOS guides). During the process, he may need to show that he did not intend to stay when he last entered the USA, for example by showing he still has a lease on a appartment in Sweden, a job he is only now quitting etc.

Thank you for the information

[Brother Hesekiel 2,236]

Tayoflower,

your original post omits important information. I simply assume here that you are a US citizen? I also assume that your fiancee entered the US with a B2 visitor's visa?

Please understand, while it is legal to enter the US with the intend to marry, it is not legal to stay afterward and to adjust status (AOS), if this was the intention to begin with.

While USCIS does not explicitly refuse AOS to visitors who came with a B2 and got married to a USC, they will scrutinize the case at the mandatory interview. If your fiancee still has his apartment in Sweden, and his job is still waiting for him, you can somehow PROVE that him staying here after the wedding and applying for AOS was not the original plan.

The caveat, however, is, that in case USCIS does not believe this to be the case, your petition of AOS for him would not only be denied, but he may face a possible ban from the US for a to be determined timeframe.

Ultimately it's your decision, and you'll have to consider advantages and possible disadvantages very carefully, the main issue being to prove that your then husband intended to fly home to Sweden, but due to certain circumstances, you changed that plan and decided otherwise. The emphasis is on the word 'prove.'

Edited September 12, 2009 by Just Bob

[Dakine 26]

By the time you have a interview the 2009 tax return will come into play.