Spousal visa insufficient requirements

[nicolebroce@gmail 0]

Hi guys! 

I am a filipina and both my husband and son(minor) are american citizens. My husband left America to study college here in the PI. We are planning to migrate to the US but he has no tax return, no employment, no house in the US, since he left when he was still a student. My question is how can he sponsor me or how can I go with them to the US? I can't bear the thought of him and my son going ahead of me. My son is my evertyhing.  Thanks 

[JE57 239]

He will need to provide a US source of income necessary to sponsor you.  And while tax returns are great for that it's not the only proof that the embassy would accept.  A couple pay stubs etc with a letter from an employer in the USA might be sufficient.  He will also need to establish Domicile in the USA prior to the interview.  If he is legally resident in the Philippines a direct consulate filing is a possibility which is a lot short than the 12-18 months that a full spousal visa would take.  However, he would still need to address the income and domicile issue.  The other option to consider is if he has someone in the USA that could co-sponsor.  If he does that takes care of the income issue.  For the domicile issue that will only be an issue at the time of the interview and if he has a job offer and a lease set up the embassy may accept that as proof of intent to establish domicile..  In the worst case he might have to go back to the USA to become established.   BUT... if he's legally resident in the Philippines than abandoning that residence takes away the DCF option which means 12-18 months (likely apart) so proceed with caution on that.   Your Son could, and likely should stay with you in the Phlippines if he has to go ahead since it seems it would be hard for him to establish a life while also caring for the needs of your son.  Finally, he should also file back tax returns..  While it's almost certain that he wouldn't owe taxes it is likely that he has a requirement to file them.  The taxes are not so much an immigration issue as an avoiding future problems issue.

  Good Luck to you,  also be advised that whatever degree he may have achieved in the Philippines may not be fully transferable to the USA.  Often education is cheaper in the Philippines but may be, or maybe seen as, inferior to potential employers in the USA.  

 

[Ryan H 3,840]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[bakphx1 789]

Definitely check into DCF.  I'm not sure, but I think they take into account the spouse is living abroad for income and domicile requirements.