CR1 or I-130 - Outside US

[neosez 1]

Hi,Last year I got married back in my home country Pakistan, my wife is US citizen. after we married she flew with me and living here in Mauritius where i'm currently living and working for past 3 years. My wife back in US she was studying.

She live with me for 2 months and than went back to US to meet her family.

I applied for B-2 Visa and got 5 year multiple visa. I went to US for two weeks and we both flew back to Mauritius end of January 2012.

Now we are planning to settle in US ASAP.

we find out is that we need to apply I-130

what I heard is that " petitioner need to show his/her root as that person is living in US, I-864 Affidavit for support", So in my case my wife is with me here outside the US, don't you think its going to be an issue to proof that she is living in US and either working or studying there. kindly clarify me on this, is it better to send her back to US and than she apply the entire procedure or its OK to have her here with me and do all the necessary procedure by applying I-130 etc... from here, kindly help me out i'm confused, i spoke with attorney and they said its no a problem even if she is living outside the US and apply for I-130

I need a right Guidance

Many thanks in Advance, I need to file my case ASAP.

Regards

[theunknown 5]

you can apply both ways if she is with u or if she go back to the states but if she will be living with u you ll need a co sponsor. or if your tourist visa still valid u can go the u.s and adjust your status while you are there with her.

[Oksana & Max 94]

you can apply both ways if she is with u or if she go back to the states but if she will be living with u you ll need a co sponsor. or if your tourist visa still valid u can go the u.s and adjust your status while you are there with her.

Don't go to US as a visitor and adjust a status. It would be a Visa Fraud, and can have unforsee circumstances.

[neosez 1]

Many thanks for quick reply, so she can live with me here and we can still able to do our case, but what about I-864 Affidavit for support?? i believe it should be submit by petitioner, yes i can get to co-sponsor.

I also contact with attorney and he said that same that go to US and apply both I-130 & I-458 together and get the advance protocol. but i'm confused about it as well, is this the right path.

Please guide me what should i do. how can i apply and the right steps.

Thanks in Advance

[Ryan H 3,812]

Moving from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as that is the path the OP will need to take.

yif your tourist visa still valid u can go the u.s and adjust your status while you are there with her.

I also contact with attorney and he said that same that go to US and apply both I-130 & I-458 together

What was suggested by the poster of post #2 and by the attorney you spoke with is a non-starter. Using a US tourist visa to attempt to immigrate to the US is visa fraud. Penalties for visa fraud are severe.

For the Affidavit of Support (I-864); she will need to show that she has maintained her US domicile or has shown intent to reestablish a US domicile. Use the VJ search function to find examples of maintaining or showing intent to reestablish US domicile.