IR1 Visa while outside US

[crisa0702 0]

Hello everyone,

Can anyone please tell if I can apply for IR 1 directly, after I received my I-130 approved? Do I still need to go through the K3 and then AOS( once in US) process or just apply for IR 1 directly?

I've been married for 2 years, my husband is a US citizen living with me in Romania. We plan to move permanently to US once I receive by immigration visa. We do not want to stay apart at all:)

Thanks in advance!

Edited September 25, 2011 by crisa0702

[Ryan H 3,834]

Hello everyone,

Can anyone please tell if I can apply for IR 1 directly, after I received my I-130 approved? Do I still need to go through the K3 and then AOS( once in US) process or just apply for IR 1 directly?

I've been married for 2 years, my husband is a US citizen living with me in Romania. We plan to move permanently to US once I receive by immigration visa. We do not want to stay apart at all:)

Thanks in advance!

Your husband (the US Citizen) files the I-130 petition. Once the petition is approved, you then apply for the IR-1 visa. You do not have to apply for a K3 and entry on an IR-1 visa does not require adjustment of status.

Once the petition has been approved by USCIS, documentation will have to be submitted to the NVC. Your husband will have to show that he has either maintained a US domicile while living with you in Romania or is in the process of re-establishing a US domicile.

[Done--Really 331]

There are two things that are crucial: proving domicile as Ryan has said, and also proving your husband's future income since he isn't working in the US currently. Nothing that he has earned overseas (or that you have earned) will count unless he and you can show that it will continue after moving back to the States.

[Ryan H 3,834]

and also proving your husband's future income since he isn't working in the US currently. Nothing that he has earned overseas (or that you have earned) will count unless he and you can show that it will continue after moving back to the States.

OP, chances are that your husband will need a joint sponsor in order to satisfy the income requirement unless the income he is currently earning would continue upon returning to the States as Magical has pointed out.

[aboundingnlove 0]

I have a question about proving my domicile for the Us... My Husband and i are living in Canada and have applied for him to receive his green card.. Now i don't believe i have any evidence to say i have maintained my domicile.. but do you think this is enough to show i tried to reestablish mine

I registered to vote and voted once

i attempted to re-open my bank account but in the end couldn't because i could not be present to sign in person

when we arrive we will be living with family

do you believe this is enough or do you have any other suggestions for what i could do... would it also be good to show that we have not invested anything here in canada like we have been renting and never owned a house????? just showing being here was temporary ???

[pushbrk 13,180]

I have a question about proving my domicile for the Us... My Husband and i are living in Canada and have applied for him to receive his green card.. Now i don't believe i have any evidence to say i have maintained my domicile.. but do you think this is enough to show i tried to reestablish mine

I registered to vote and voted once

i attempted to re-open my bank account but in the end couldn't because i could not be present to sign in person

when we arrive we will be living with family

do you believe this is enough or do you have any other suggestions for what i could do... would it also be good to show that we have not invested anything here in canada like we have been renting and never owned a house????? just showing being here was temporary ???

You asked this question in its own thread as well. Please don't post the same question in multiple places, particularly when it hijacks somebody else's discussion.

Hello everyone,

Can anyone please tell if I can apply for IR 1 directly, after I received my I-130 approved? Do I still need to go through the K3 and then AOS( once in US) process or just apply for IR 1 directly?

I've been married for 2 years, my husband is a US citizen living with me in Romania. We plan to move permanently to US once I receive by immigration visa. We do not want to stay apart at all:)

Thanks in advance!

Other good answers already but you can travel the day you have the IR1 visa in hand. The timing for that will depend on how fast you get through NVC after the I-130 is approved but expect 3 to 5 months from petition approval to visa in hand.