Filing from abroad questions.

[Groogrux108 14]

My approach has changed in the past few days, I have decided to go with the Filing from Abroad option.

I have dual citizenship and have lived in Brazil just about my whole life. I intend to move to the US and apply for the CR-1 for my wife. I’m currently looking at two options:

1. Plan A: Seattle – I have a couple of friends who do well and would have us stay at their home until we got settled. They also own a company and could potentially give me a job offer. Cost of living is a bit higher and it’s more expensive to visit other family members I have around the US.
2. Plan B: Dallas – My brother lives here but shares an apartment with three other people and is unemployed. Cost of living is cheaper, we think about moving here eventually even if we initially live in Seattle. The biggest concern is overcoming the hurdles of immigration.

NVC Stage – We are selling an apartment here so we could try to use assets (money in bank). We also have co-sponsors available.

Intent to establish domicile – The Seattle option, as I’ve said, might lead to a housing agreement and maybe even a job offer. Strong proof of intent, no doubt. I plan on traveling there beforehand to open bank account, get driver’s license, voter’s card, car insurance, etc. If I go with the Dallas option I would probably have to travel beforehand and lease a home and have to pay that every month with my Brazilian income, besides all the other expenses I have from living here. Plus in Dallas I have no immediate job offers, therefore, weaker proof of domicile.

Question:

1. At which point in the immigration process would I have to have my body of evidence of proof of intent to reestablish domicile? Can I send out the I-130 today, get the ball rolling, then a few weeks down the line travel to the US to establish these things? Is this evidence expected at the USCIS, NVC and Interview stages? I’m a bit lost in the whole timeline thing.
2. (this question is tied to #1) – If we decide to take the Dallas route, would we have to take out a lease on an apartment, a car, pay insurance, etc every month for how long? This seems like a huge financial burden for what is an undetermined period of time, especially if you have this all set before even sending out the I-130.
3. If my wife is granted the visa, say on the Seattle scenario, do I have to actually begin work at the said job immediately? What if I don’t like working there and decide to quit after a few weeks? And also, what if I decide to move into my own apartment with my wife instead of sharing with these friends of ours? What if we move to another city? In essence, how are you actually legally bound to your proof of domicile arrangements?
4. What is the shortest period of time I would have to stay in the US to get all those little evidences done? Eg.: insurance, voter ID, bank account, take out a car lease, etc… Do these things have long processing times, background checks, etc? Is two weeks enough?
5. Using assets (money in bank) as sponsoring, can this money be partly in Brazil partly in the US bank account? It’s just that the dollar is super high right now and a new law made transferring money even more costly… We would definitely like to not have to transfer all of it at once.
6. Can I maintain my current job in brazil through to the end of the process?

By the way, Brazil does NOT have Direct Consular Filing option.

Thank you! Any help is appreciated!

Edited January 12, 2016 by Groogrux108

[Anh map 2,098]

Have you been filing US tax returns? If not, you need to get that sorted for at least the last 3 tax years. The US taxes on worldwide income. There are treaties that prevent you from paying double tax, but that doesn't absolve you from filing tax returns.

[B and H 18]

As far as I understand it, the USCIS stage isn't concerned with domicile at all. You would deal with that as part of your affidavit of support during the NVC stage. And I don't see how you'd be legally bound to any particular city or job. Moving between cities in the US doesn't change your country of domicile. Just be mindful of which stage you're in if you move and comply with change of address notifications as necessary.

[Groogrux108 14]

Have you been filing US tax returns? If not, you need to get that sorted for at least the last 3 tax years. The US taxes on worldwide income. There are treaties that prevent you from paying double tax, but that doesn't absolve you from filing tax returns.

Yes, I am aware of this. I'm currently looking into an accounting office who will do that for me. Thank you!

[Groogrux108 14]

As far as I understand it, the USCIS stage isn't concerned with domicile at all. You would deal with that as part of your affidavit of support during the NVC stage. And I don't see how you'd be legally bound to any particular city or job. Moving between cities in the US doesn't change your country of domicile. Just be mindful of which stage you're in if you move and comply with change of address notifications as necessary.

I plan to maintain my current address in Brazil for the whole process right up until we travel to the US. My doubt is after the visa is granted and we move to Seattle, for example, if we are homehow obliged to stay there for a minimum period of time if we decide to move to Dallas afterwards. Or in a more extreme case, with her visa in hand, maybe not even go to Seattle at all, even though we proved we had a willing "tenant" and a job offer.

Thank you for your input!

[Groogrux108 14]

[ShadowCat170 0]

American here, filing for Brazilian spouse (his interview's next month)

1. Yes, start now. Our I-130 took about two months to be approved (supposedly the average time is 5 months). Domicile is only at the NVC stage.

2. You COULD commit to all that stuff to strengthen your case, but you don't HAVE to. My proof to reestablish domicile consisted of a statement from my father saying we could live with him, and proof of my holding bank accounts, a U.S. driver's license and voting registration, and a newly-formed U.S. company. We haven't been interviewed yet, but NVC gave it the green light.

3. I don't think you are legally bound. I believe they just want to make sure you have somewhere to go and settle in the U.S., and are not just applying for the immigrant visa so that your spouse can take a 2-week vacation to the U.S. every year, you know? Emergencies happen, plans change, etc. - it's normal. Just make sure they have your updated address on file for the mailing out of the actual green card, which takes a couple months.

4. Don't know, sorry.

5. I believe so, since you can also use your spouse's assets. Those will be declared in the NVC stage on the I-864. I also submitted bank statements to prove the amount I have. If I were you, I'd get bank statements from your Brazilian account and attach a note with the exchange rate and current dollar value.

6. No reason you can't!

[Sona_1390 1]

Hi, ShadowCat! Just a little advice: make sure your spouse takes proof of your intent to restablish domicile documents with him to the interview. We thought we had the all clear because NVC was satisfied with my documents, but the embassy gave him a 221g for Domicile. They want to see proof at the interview, too.

Edited January 14, 2016 by Sona_1390

[ShadowCat170 0]

Hi, ShadowCat! Just a little advice: make sure your spouse takes proof of your intent to restablish domicile documents with him to the interview. We thought we had the all clear because NVC was satisfied with my documents, but the embassy gave him a 221g for Domicile. They want to see proof at the interview, too.

Good to know - thanks for the tip! We'll take EVERYTHING to the interview. Now I just have to make sure he knows which document is which :-)

[Groogrux108 14]

American here, filing for Brazilian spouse (his interview's next month)

1. Yes, start now. Our I-130 took about two months to be approved (supposedly the average time is 5 months). Domicile is only at the NVC stage.

2. You COULD commit to all that stuff to strengthen your case, but you don't HAVE to. My proof to reestablish domicile consisted of a statement from my father saying we could live with him, and proof of my holding bank accounts, a U.S. driver's license and voting registration, and a newly-formed U.S. company. We haven't been interviewed yet, but NVC gave it the green light.

3. I don't think you are legally bound. I believe they just want to make sure you have somewhere to go and settle in the U.S., and are not just applying for the immigrant visa so that your spouse can take a 2-week vacation to the U.S. every year, you know? Emergencies happen, plans change, etc. - it's normal. Just make sure they have your updated address on file for the mailing out of the actual green card, which takes a couple months.

4. Don't know, sorry.

5. I believe so, since you can also use your spouse's assets. Those will be declared in the NVC stage on the I-864. I also submitted bank statements to prove the amount I have. If I were you, I'd get bank statements from your Brazilian account and attach a note with the exchange rate and current dollar value.

6. No reason you can't!

This cleared up a lot a doubts! Thanks!

1. I currently don't have an american bank account and as I understand you have to send in a check from an American Bank, correct? This seems to be the only thing keeping me from sending out the I-130 today. I only have vacation from work in March so I would travel then to open a bank account and send out the I-130. In the meanwhile, I found out the Banco do Brasil has an affiliate in the US called BBamericas, since I'm already a Banco do Brasil account holder, I can open an account in the American Affiliate from Brazil... And they could even send me a checkbook... this will take around a month or two but I'll try to speed it up as much as I can to see if I can get a head start and send out the I-130 before I go spend my vacation in the US in March.

Thanks again!

[ShadowCat170 0]

This cleared up a lot a doubts! Thanks!

1. I currently don't have an american bank account and as I understand you have to send in a check from an American Bank, correct? This seems to be the only thing keeping me from sending out the I-130 today. I only have vacation from work in March so I would travel then to open a bank account and send out the I-130. In the meanwhile, I found out the Banco do Brasil has an affiliate in the US called BBamericas, since I'm already a Banco do Brasil account holder, I can open an account in the American Affiliate from Brazil... And they could even send me a checkbook... this will take around a month or two but I'll try to speed it up as much as I can to see if I can get a head start and send out the I-130 before I go spend my vacation in the US in March.

Thanks again!

Sounds like a good plan :-)

If I were you, I'd send the I-130 now since it can take 3-5 months to process, do the U.S. trip in March to open the account, and by the time you get back your I-130 might be done processing and then you'll be ready for NVC (which is where you'll need the bank account). Even if the I-130 approval comes earlier than expected, you can wait to send the NVC packet until you've got the account open and all the documents needed.

Also - I actually didn't send a check, I printed out a statement from my online account. But a check should work, too.

Make sure to get an original copy of your U.S. birth certificate if you don't have one already. I forgot this on my trip to the States, and had to have my mom mail it to me.

Boa sorte!

[Groogrux108 14]

Sounds like a good plan :-)

If I were you, I'd send the I-130 now since it can take 3-5 months to process, do the U.S. trip in March to open the account, and by the time you get back your I-130 might be done processing and then you'll be ready for NVC (which is where you'll need the bank account). Even if the I-130 approval comes earlier than expected, you can wait to send the NVC packet until you've got the account open and all the documents needed.

Also - I actually didn't send a check, I printed out a statement from my online account. But a check should work, too.

Make sure to get an original copy of your U.S. birth certificate if you don't have one already. I forgot this on my trip to the States, and had to have my mom mail it to me.

Boa sorte!

Don't I have to send the I-130 along with an american check in my name of U$420,00?

obrigado!

[Groogrux108 14]

Don't I have to send the I-130 along with an american check in my name of U$420,00?

obrigado!

OK so I just read this: https://www.uscis.gov/forms/paying-immigration-fees and nowhere does it say the I-130 check has to belong to the petitioner's bank account... Can my Dad write this check?

[Sona_1390 1]

Anyone can write the check as long as it's from a bank in the USA.

Edited January 14, 2016 by Sona_1390

[Ryan H 3,812]

OK so I just read this: https://www.uscis.gov/forms/paying-immigration-fees and nowhere does it say the I-130 check has to belong to the petitioner's bank account... Can my Dad write this check?

Yes