Can CR1 be filed outside of US?

[Lariza 0]

I'm currently living overseas with my fiancée in Australia on a work and holiday visa. At first we were going the K1 visa route but after discovering we weren't able to leave until her adjustment of status which we wouldn't be able to do because we have to come back to Australia for our jobs and etc so we decided to go with the CR1. I had been told by others on here that once the CR1 is granted she would be able to work right away which is why we gave up on the K1. My visa ends in March 2018 so i intended to live it out while also waiting with my fiancée (by then "wife") on the CR1. If it were to be granted by the time I would have to leave (highly doubt that but it would be nice) then we could leave together and if not I would have to go back to the US and she would have to wait in Australia(I assume? Not sure what traveling for her is like while waiting) What I'm uncertain of is the CR1 process while living outside the US and is it possible to file while in Australia? I read something about an affidavit of support as well and if we're both working in Australia I'm not sure how that would translate to American. 

[Roel 7,193]

Yes you can file from where you are. As us citizen and main sponsor you need yo proof your domicile in the US or no visa for your spouse. Also proofs of filed taxes. (I swear this is 3rd time this week when I answer identical question, please use Search tab  :)) 

[JFH 12,191]

Yes it's possible to file whilst overseas. It's not going to be complete in time for March 2018 if you're not even married yet. You need to allow 12-14 months for the process. 

 

The fee for the petition must be paid by check drawn on a US bank or a US money order (no credit cards permitted) so you might need the help of a friend or relative back home for that unless you still have an active checking account here. 

 

You will need to show your intent to re-establish domicile later down the line with this process. Search this forum for lots of helpful posts on the things you need to do for that. 

 

Your wife will have to wait in Australia until the process is complete so you will be apart for some time. She can visit you during that time, subject to the usual requirements, but must return to Australia after the visit(s).

[Penguin_ie 5,996]

You can totally file while still in Australia, and stay there (if you can arrange that on the Aus side) until you guys are ready to move. There is two things to keep in mind:

- You need to show proof you never abandoned US domicile, OR that you intend to re-establish domicile before or at the same time as the immigrant. So things like having furniture in storage in the USA, having a valid voter reg and drivers license, arranging for somewhere to live (sign lease, buy a home), looking for jobs )sign up with job agencies), enroll any kids you may have in US schools etc.  This proof won;t be needed until interview, so you have some time.

- You need to be able to support her financially (see affadavit of support, I-864). Australian based income doesn;t count, unless it transfers from the same source to the USA (for example, if you work for Microsoft in Aus and they agree to keep employing you when you move back to the USA).  If you move back before her and find a job quickly, that is no problem.  Otherwise, you can sponsor her on assets (3 times as much as the income requirement), or get a US based co-sponsor to stand guarantoor for her.

 

If you move back to the USA before her, your then-wife can visit on the VWP, but she cannot life or work in the USA  until her CR-1 spousal visa is granted, and she'll need to return to Aus for her medical and interview.

[Lariza 0]

12 hours ago, Penguin_ie said:

You can totally file while still in Australia, and stay there (if you can arrange that on the Aus side) until you guys are ready to move. There is two things to keep in mind:

- You need to show proof you never abandoned US domicile, OR that you intend to re-establish domicile before or at the same time as the immigrant. So things like having furniture in storage in the USA, having a valid voter reg and drivers license, arranging for somewhere to live (sign lease, buy a home), looking for jobs )sign up with job agencies), enroll any kids you may have in US schools etc.  This proof won;t be needed until interview, so you have some time.

- You need to be able to support her financially (see affadavit of support, I-864). Australian based income doesn;t count, unless it transfers from the same source to the USA (for example, if you work for Microsoft in Aus and they agree to keep employing you when you move back to the USA).  If you move back before her and find a job quickly, that is no problem.  Otherwise, you can sponsor her on assets (3 times as much as the income requirement), or get a US based co-sponsor to stand guarantoor for her.

 

If you move back to the USA before her, your then-wife can visit on the VWP, but she cannot life or work in the USA  until her CR-1 spousal visa is granted, and she'll need to return to Aus for her medical and interview.

Thanks so much for the explanation, super helpful! Just wondering about the affidavit of support, is there a way to combine incomes because she works for Hilton here and she was planning on continuing with the company once in the US. Would her funds be able to transfer or it wouldn't matter because I'm the only one looked at? I'm just a little nervous because I've been working in Australia and once I come home in March I'd have to find a new job again and I don't want it to look like I haven't been working for a year. Is my working history as a whole looked at or just what I'm currently doing? 

[Penguin_ie 5,996]

Yes, as  your spouse she can effectively self-sponsor, if she can get something official from Hilton to say that they will transfer her, her salary in the USA etc.

[Lariza 0]

1 hour ago, Penguin_ie said:

Yes, as  your spouse she can effectively self-sponsor, if she can get something official from Hilton to say that they will transfer her, her salary in the USA etc.

Okay, that's good news! Would you happen to know which form she would need to fill out? Because of this, would I still need to fill out something as well or will hers be in place of anything I would have to? 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.