Filing a Spouse Visa from the US but moving abroad

[db2016 100]

Hi All, 

 

I have a few questions about the IR-1. I applied for the K1 visa for my fiance. He did have his interview and was put on AP and we have now decided to get married and are withdrawing our application. My fiance and I are planning on getting married and then I plan to come back to the US for a few months. While here, I plan on filing the i-130 but eventually plan on moving abroad to join him. My question, is it ok if I file from the United States and then move abroad? I will be using my parent's permanent address, the same as what is on my driver's license. I do plan on eventually working abroad as well. How would that work later on when our case gets approved and I have to show the affidavit of support?

Edited September 29, 2017 by db2016

[Roel 7,193]

If you're planning on living and working abroad, what's the point of the visa for your partner?

You need to have a plan to permanently move to the USA.

Also search the forums for "domicile".

[geowrian 22,338]

You can file from anywhere. Your foreign job very likely won't qualify for the I-864, so you'll need a joint sponsor. Both you and the joint sponsor will need to complete the I-864. You will also need to show US domicile (or intent to establish US domicile) before they will issue the visa.

 

This is all assuming you mean you will move abroad until the visa is issued, then return to the US. If your plan is to stay abroad, then you don't have a basis to petition somebody.

Edited September 29, 2017 by geowrian

[db2016 100]

  On 9/29/2017 at 5:43 PM, Roel said:

If you're planning on living and working abroad, what's the point of the visa for your partner?

You need to have a plan to permanently move to the USA.

Also search the forums for "domicile".

Expand  

I am only living abroad until he gets the visa and we plan to come back together. We had applied for the fiance visa and are withdrawing our application. We are getting married and want to live together abroad until he is able to legally enter the US. 

[db2016 100]

  On 9/29/2017 at 5:44 PM, geowrian said:

You can file from anywhere. Your foreign job very likely won't qualify for the I-864, so you'll need a joint sponsor. Both you and the joint sponsor will need to complete the I-864. You will also need to show US domicile before they will issue the visa.

 

This is all assuming you mean you will move abroad until the case is approved, then return to the US. If your plan is to stay abroad, then you don't have a basis to petition somebody.

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Only living abroad until he is able to come to the US. So yes, temporary move until we can come back to the states. 

[Jeanne Adil 1,651]

file your taxes on foreign income with the form for exemption (it is well over the 100,000 mark)

then you will have the necessary IRS documents 

you only need a cosponsor if your income is below the 125% poverty guidelines

[little immigrant 801]

That's what my ex did. He filed and came to my country while we waited. Once the visa was issued we returned to the States together. 

[db2016 100]

  On 9/29/2017 at 6:45 PM, Andrina said:

That's what my ex did. He filed and came to my country while we waited. Once the visa was issued we returned to the States together. 

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thanks, this gives me comfort.

[reza30 2]

  On 9/29/2017 at 6:45 PM, Andrina said:

That's what my ex did. He filed and came to my country while we waited. Once the visa was issued we returned to the States together. 

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how long did he stay there?

[truelove29 218]

I'm doing the same thing, living abroad in my husbands country. I freelance in the U.S., so I only go back when I get work...usually for about 1-2 months at a time. I stay at my parents home when I'm in the U.S. My drivers license has that address as well. My dad will be the joint sponsor & we'll live with them when we first come to the U.S. together.

 

edited to add: I filed from the U.S. during one of my visits

Edited September 30, 2017 by truelove29

[little immigrant 801]

  On 9/30/2017 at 7:30 PM, reza30 said:

how long did he stay there?

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Ten months. 

[Ryan H 3,854]

Moved from Progress Reports to Process & Procedures.