Living abroad and sponsoring spouse for CR-1

[KWaps 1]

I am a US citizen residing abroad the last 16 years. Started process to get husband of 15 years a green card (filed I-130). I have been a stay-at-home mom for almost 6 years and have had $0 income. None of the information I have found relates to a US citizen sponsor living abroad with no income wanting to move back to the US with her family. Questions:

1) How can I sponsor my spouse when we are a single income family, our income is from the non-US citizen being sponsored?

2) How can I prove US domicile when I've lived abroad for 16 years and I only intend to move back to the US if/when my spouse's Permanent residency is approved? We have 3 small children and I would never be able to move to the US first, not knowing when he will get approval and be able to follow us (all 3 kids are US citizens already).

[Boiler 45,695]

Savings or a joint sponsor.

You may have to move back first. Some Consulates will accept evidence showing your intention to return.

[Caryh 5,206]

Is his job coming with him? As in is his work transferring him the USA? That is one way you can use his income. Many others use a cosponsor who meets the income requirements. If you have assets that can readily be turned into cash, that can be used to show the immigrant will not become a burden, but with zero income, that would be a lot of assets.

A rental agreement on a place to live is one way to show you will be returning. Or even establishing that you'll be moving in with a family member initially when you return.

[Everlast 49]

I am a US citizen residing abroad the last 16 years. Started process to get husband of 15 years a green card (filed I-130). I have been a stay-at-home mom for almost 6 years and have had $0 income. None of the information I have found relates to a US citizen sponsor living abroad with no income wanting to move back to the US with her family. Questions:

1) How can I sponsor my spouse when we are a single income family, our income is from the non-US citizen being sponsored?

2) How can I prove US domicile when I've lived abroad for 16 years and I only intend to move back to the US if/when my spouse's Permanent residency is approved? We have 3 small children and I would never be able to move to the US first, not knowing when he will get approval and be able to follow us (all 3 kids are US citizens already).

How about checking to see if the embassy where you reside accepts Direct Consular Filing?

[KWaps 1]

No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

Edited May 24, 2016 by KWaps

[Caryh 5,206]

No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

Many have done the same thing, don't lose hope. I'm sure someone who has been through it will let you know how they proved returning to live with family. Likely an affidavit signed by the family member you'll move in with. The big issue is if a family member will cosponsor the visa, or if you have enough assets. If you have a home there you will be selling, the equity part of that can be used. Read the I-864 instructions on what you'll need to use that.

[matmertin2016 4]

No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.

How is it a catch 22?!

You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?

Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.

Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....

[NikLR 13,228]

Because you will be moving on an immigrant visa, your husband start looking for jobs right away. He cant be paid until he has his SSN but that either comes within a few weeks or you can apply for within a few weeks

It can be difficult for families to move when the non-USC is the main breadwinner, but many people do it. NOLA on the board had exactly that issue too and needed a joint sponsor.

[NikLR 13,228]

Your husband will have 6 months from the medical date in which to activate his visa. That gives time to pack up, sell the home, and prepare for the move.

[derppis 1]

It's not a Catch-22. They will accept a signed job contract as proof of income. So - get a job, and use that. If you can't get one, you need a sponsor.

[NikLR 13,228]

It's not a Catch-22. They will accept a signed job contract as proof of income. So - get a job, and use that. If you can't get one, you need a sponsor.

Not really, a job contract is not ongoing and current income, it's potential income.

As a SAHM and single income family, a joint sponsor is probably a better idea for their family.

[NikLR 13,228]

I believe the catch 22 here is you have to show youre reestablishing domicile but how do you do that when you cant quit jobs or sell homes before the visa is issued.

Thankfully there are other ways to help reestablish domicile and I don't believe Australian consulates are that strict.

[Meg&Andrew 297]

How is it a catch 22?!

You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?

Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.

Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....

Ok, OP stated that they will move here and live with the parents until they get on their feet and the husband gets a job. Let's not assume they want to move here to live off of welfare and get food stamps. Sadly it isn't the immigrants that usually end up on food stamps and welfare. It's the citizens of the US that take advantage of the system.

[B-2-Z 37]

Our situation was slightly different since it was for a K1, but he had been living with me in Canada for 5 years. We did have a problem with domicile which I was lucky enough to fight out with the CO at the embassy. The CO said 90% of the time the USC has to return to the US first for 6 months. I'll list what we did to help.

We set up an online US bank account and started putting money into it when we applied for the visa, the CO said this majorly helped. We used his parents address for the account until we moved. You can do this for both a chequing and savings account.

We got his parents to write up a lease saying that we would be staying with them until we found our own place. He was planning on temporarily working with his Dad, so he also wrote up a job offer.

We showed that his work visa was expiring in 2015, and we withdrew his permanent residency, since after moving he wouldn't qualify for it. Not sure what your legal status in AU is?

Some stuff we've seen done here on the forum is depending on how old your children are, start contacting schools about enrolling them. Contact leasing and home companies and start searching for homes. You can do the same for cars. You can also do this for health insurance. The more it looks like you're trying, the better the chances. Don't be surprised if they do make you move back first though.

[NikLR 13,228]

Canada is probably more strict on domicile than almost anywhere else in the world. Overseas people rarely have too many issues. But in all honesty, we share not one, but two borders with the USA so I completely see why they are that strict.