US citizen spouse internship abroad

[kimi1990 0]

Hello, I have been married for approximately 3 months, to my spouse that I had dated for 3 and a half years. I am currently living and working in the US, and will be starting graduate school in a month. I am currently on an F1/OPT. My spouse is currently working at a company in China where he teaches English, his contract will be up in September of 2015. He will be returning to the US then. We have a few questions/concerns as we prepare the the I-140 and I-864.

1)My spouses income for the current tax year reflects what he makes in China. He makes above the poverty line. When he sent in his tax documents, the government did not take that much taxes from him that I can see. He is getting a refund of $16 and did not have to give any money to pay any additional taxes. My friend thinks that this may be problematic, even though the taxes were filed and he was above the poverty line. She thinks that he should have been asked to pay more by the government. She thinks I need a joint sponsor, is this so?

2)What address should I use? He is physically in China and will return in September 2015. I am currently living with family, I will move to an apartment in another state in a month to start school. Can I just use his address in New York as our address?

3)We intend to have the documents sent in next week. I want to go to China to stay with my husband for my Christmas break, is it okay if I leave the US for two weeks to visit my spouse while my application is still being processed (I am saying in the event that I don't have an interview by then).

4)Do I need to have the results of my physical done and sent in at the time everything else is sent in? Will it slow my process down if I send the physical results in maybe a month or two after I submit the application? and how much does this generally cost? I would be doing it in the DMV.

[Boiler 45,519]

So he intends to fly back for the interview and use his Chinese income to sponsor you to live in the US.

I think we have a situation I have never seen before.

[kimi1990 0]

So he intends to fly back for the interview and use his Chinese income to sponsor you to live in the US.

I think we have a situation I have never seen before.

Yes, he will fly back for the interview. my husbands contract ends in September of 2015. At that time he will return to the US and start teaching here, he was kind of forced to take that experience abroad because since he has graduated from Undergrad he has had trouble finding jobs in the area that he interested in and was previously un-employed. During his current internship he is getting valuable teaching experience and also internationally recognized teaching certifications. These are things he will use to get teaching positions in the US upon his return. I don't technically need him to sponsor me financially, but for the purpose of immigration I do have to use him as my sponsor.

[Kathryn41 3,205]

Do you mean the I-140 which is for sponsorship of a foreign worker, or the I-130 which is for sponsorship of a foreign spouse?

Regardless, this is not a K-1 visa issue so i am moving this thread to the general immigration forum until the issue of what immigration benefit is being sought is clarified.

[kimi1990 0]

Do you mean the I-140 which is for sponsorship of a foreign worker, or the I-130 which is for sponsorship of a foreign spouse?

Regardless, this is not a K-1 visa issue so i am moving this thread to the general immigration forum until the issue of what immigration benefit is being sought is clarified.

I meant the I-130 to sponsor a foreign spouse. I miss-typed. This should actually go under spouse visa process and procedure. Can someone move this for me? I don't know how.

Edited June 30, 2014 by kimi1990

[Boiler 45,519]

Do you mean the I-140 which is for sponsorship of a foreign worker, or the I-130 which is for sponsorship of a foreign spouse?

Regardless, this is not a K-1 visa issue so i am moving this thread to the general immigration forum until the issue of what immigration benefit is being sought is clarified.

Sounds more like adjusting status in country?

[Kathryn41 3,205]

Yes, it does. I'll move it now to the Adjustment of Status forum for Work, Student and Visitor visas. Thanks, kimi and Boiler.

[aaron2020 11,651]

How does this work when the spouse is residing outside the US?

After all, no foreign spouse can immigrate to the US without the USC spouse.

So, why should an AOS be granted for family reunification. When the USC husband is living abroad?

[Boiler 45,519]

I guess it is future family reunification, one step on from DCF.

Does sound odd.

[kimi1990 0]

How does this work when the spouse is residing outside the US?

After all, no foreign spouse can immigrate to the US without the USC spouse.

So, why should an AOS be granted for family reunification. When the USC husband is living abroad?

My spouse is only temporarily residing outside the US. All the while we dated (3.5 years) we were both living in the US. We met in college, and I was already in the US because of school before I met him, after I graduated, I worked for a year and now I am going back to school again this August for grad school.

Page 4, #2 of this document addresses the issue in relation to sponsorship for the affidavit of support, so I assume it has been done before.

Edited June 30, 2014 by kimi1990

[Boiler 45,519]

Perhaps wait until he is back in the US then?

Page 4, #2 of this document addresses the issue in relation to sponsorship for the affidavit of support, so I assume it has been done before.

May have, I have never seen it, and I have seen a lot of odd cases.

[kimi1990 0]

Perhaps wait until he is back in the US then?

Can you tell me why specifically? Does anyone know anyone who went through this or has a friend that went through this?

[Boiler 45,519]

It is for family unification.

Like I say I have not seen such a case, have you discussed your situation with a Lawyer?

[kimi1990 0]

It is for family unification.

Like I say I have not seen such a case, have you discussed your situation with a Lawyer?

I never got a full on consultation with a lawyer. But, I know a lawyer who works on immigration cases, I called her about it before, she had said that as long as I could prove the stay was temporary (with a job letter, visa etc) that I could still submit around this time.

[Boiler 45,519]

Let us know how it goes.