US Expat Living Abroad with Wife

[calboy1 0]

Hi everyone,

I'm a US citizen that has currently been residing in Dubai, United Arab Emirates for the past 7 months or so. I'm native from Mexico but naturalized in the US. I got married with my wife in Mexico using my Mexican citizenship since I get dual citizenship. She does not have a US visa and the only times that has been to the US is with a legal working visa. Now, we've been married for a month and she lives with me in Dubai. She has a residence visa in Dubai that I sponsor for her.

Here is my question. While filling the i-130, how would I fill it in? It asks me where is my wife intending to live in the US - so I use my US address? also, it asks me where we have live together? So i'm assuming I will write Dubai since that's the only place where we've lived together. In addition, is it perfectly fine if I apply from abroad? Would there be a problem because I don't live in the US or anything of similar nature. I am planning to move to the US in the future, but I don't know when is the future right now. Please help me how to fill out the I-130 or what is the best way to approach this application. I also have all marriage certificates attested by Mexican authorities and translated into English officially.

Additional info: I have a US bank account as well as a home address in the US.

Please, help me, thank you!

[Penguin_ie 5,992]

Yes, you list a US address where you two intend to live. If you do not currently have a home there, just use a friend or family member- they just want somewhere they can send the greencard to.

It's fine to apply from abroad and write that you both currently live together abroad- in fact, this will speed up the process for you. However, the problem is that you say you do not know when you wish to move back to the USA. Don't petition for your wife until you intend to move back, because once she has the CR-1 spousal visa (which will take a few months to get) she must move within 6 months.

As you live abroad, you will need to think about how you will fullfill the affidavit of support, ie the financial requirements of sponsorship.

[canadian_wife 1,808]

Is your wife mexican as well?

I only ask because the flag in your timeline says Mexico, usually indicates the beneficiary's country

Good luck

[calboy1 0]

Yes, you list a US address where you two intend to live. If you do not currently have a home there, just use a friend or family member- they just want somewhere they can send the greencard to.

It's fine to apply from abroad and write that you both currently live together abroad- in fact, this will speed up the process for you. However, the problem is that you say you do not know when you wish to move back to the USA. Don't petition for your wife until you intend to move back, because once she has the CR-1 spousal visa (which will take a few months to get) she must move within 6 months.

As you live abroad, you will need to think about how you will fullfill the affidavit of support, ie the financial requirements of sponsorship.

Penguin,

Thanks for information. However, even though we do not know when to move back, if she gets the CR-1 visa, it wouldn't be a problem for us to go to the US within the 6 months so she can use her visa before it expires. However, does the INS wants to prove you actually continuously live there after you go into the US with the CR-1 visa?

As for the financial requirements. I actually work for a US company internally, so I do pay federal taxes to the US government as a normal US employee.

Advice...

Thanks

[Penguin_ie 5,992]

Yes, the greencard is for permanent residents, so she'd need to reside in the USA. As a rule of thumb, it means she should spend more time inside the USA than outside in any rolling year, and not more than 6 months in one stretch outside the US. If you are an official US government contractor, or with the military, there are exceptions.

[pushbrk 12,636]

Just to clarify, you'll be filing a petition, not a visa application, to begin the process. When the petition is approved, the foreign spouse will apply for a visa abroad. All visas are applied for from abroad. A petition is not a visa application.

Carefully study the guides here and the actual form instructions. When you do, interpret literally and answer accurately. Just those last two sentences would have answered your previous questions. We'll be here to answer questions, not so easy to understand from the instructions. There will be plenty.

[TBoneTX 44,864]

Thread from 2012 is now closed to further comments. A recent post was split, moved to the Waivers/AP forum, and given this thread title: "Had to File I-485 & I-601 Together? [split topic]."

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