CR1 / IR1 Applicant requirements

[Jao Moragoat 0]

Howdy,

For Americans married to non-US citizens residing overseas who wish to pursue the immigrant visa / LPR status of their spouse directly via the overseas USCIS office, what are the official requirements / guidelines ?

All I’ve been able to gather is that the American has had to been a legal resident of that particular country for at least a year to be able to pursue this route as opposed to the K1-K3 route. (and ofcourse married to the person pursuing American immigrant status)

What constitutes a legal resident in the eyes of USCIS ? Is it only those working legally in that country (i.e. with a work permit) Obviously those residing on tourist visas wouldn’t be considered residents, but what about the others such as dual citizens, students, religion, etc. who are in fact residents?

Another apparent guideline for CR1 / IR1 applicants is the establishing of domicile. If an American citizen has been working overseas for at least a year as a ‘legal resident’ of that country, and he/she has no personal assets in the USA, let alone a guaranteed employer on their return, could they still pursue the CR1 / IR1 ? If so / not so, please explain on what grounds ?

One final clarification question I have is what guidelines must CR1 / IR1 applicants (without assets /employment in the USA) follow in completing the affidavit of support ? Obviously many applicants who were working / living overseas for a non-American company /entity for at least a year would have little-no (immediate) American income upon return. I understand co-sponsors are permitted but to what extent?

Lets say American Joe is married to Tipsawan in Thailand. Joe was a legal resident (non-tourist) married / living for 5 years in Thailand when he pursues the IR1via Bangkok USCIS. What would Joe use on the affidavit of support ? The Thai income he had while working in Thailand ? Or only provable income on Tipsawan’s arrival in the USA? If Joe cannot garuntee that he will have an immediate income-job on arrival in the USA, are co-sponsors (i.e. Joe’s parents) permitted to fully meet the income standard (i.e. 125%>poverty line)? Obviously once Joe and Tipsawan arrived in the USA, they would have an easier time finding work /income than trying to show potential / possible future-present assets while they were still in Thailand waiting for the visa….So in other words will the income / assets of Joe’s parents (co sponsors) be allowed to fully suffice the support standard (affidavit for support) for Tipsawan to gain LPR while in Thailand??

Thank you in advance for addressing / clarifying my inquiries,

Jao Moragoat

[crifever 0]

Whether or not you can apply overseas embassy/consulate [called a DCF] depends on the country you are applying in (or in some cases, even the Embassy you are applying at)

I would recommend you check the requirements on the embassy/consulate website.

[John and Sonya 0]

I agree with previous reply, there are many different requirements for residency for DCF for each country. Example, Ukraine requires no residency, you put wifes Ukraine address as your place of residence while in Ukraine, or you can put the apartment or hotel that you are staying at.

Advice is to goto the web page for the US Embassy in the country you are applying your DCF at, and also recommend a short e-mail to them as well asking their requirements.

[misa 2]

This page is not an embassy page but it shows that Thailand does not allow DCF for non-resident USCs. But your best bet is to contact them. The worst they can say is no.

http://usaimmigrationattorney.com/DCFandnoDCFcountries.html