Applying for outside US and home country

[lsp 0]

Hi,

My husband and I are just getting started on the permanent residency process and are looking for some answers. We'd really appreciate any insight into any of these questions!

I'm a USC my husband is not. At the moment we are volunteering in a third country but looking to move permanently to the US.

As far as I can tell we can't file for the K-3 Spouse visa because the law says you have to do it from the country in which the marriage took place (my husband's home country). We also can't file for an Adjustment of Status unless we return to his home country and wait it out.

Can we apply for an IR-1 from the third country? Do we have to have residency here (we're just on tourist visas but have been here for 8 months)?

Will applying for an IR-1 jeopardize chances of getting a tourist visa to travel through the States? (We have a wedding at his home in a few months and so need to know if we should wait to file until after.)

What if I'm not currently a resident in the US. Can I still petition for my husband and file the Affidavit of Support if not currently living in America? I maintain an address, credit cards, and bank accounts and work for an America based NGO.

We have been married for more than 3 years and before this lived in his country. We've never lived in the US.

Thanks for your help!

[Penguin_ie 5,993]

You need the IR-1, which will lead to a 10 year greencard upon entry to the USA. You can petition for him from anywhere- he needs legal residency in whichever country he interviews. A tourist visa is not usually enough. As volunteers, are you not required to have a work visa or some sort of charity visa?

Yes, getting a tourist visa will be more difficult once you files for an immigration visa. You can try for one before, but it will be difficult too. Considering the immigration process takes 9-12 months, it may be best to just wait it out abroad.

You will still need to be primary sponsor, but it looks like you will need a co-sponsor (a US based person to stand guarantoor for your husband), or sponsor on assets, as you will not have a US based job- unless your NGO job will continue when you move back to the USA?

Edited December 12, 2011 by Penguin_ie

[lsp 0]

Thanks for your reply and careful answer to each question! Seems like we're having visa troubles on all fronts. Glad to see that the process works for some - and so quickly for you!