Need advise for Applying IR-1 and both are living outside US

[MarryAnn 0]

Hello there, 

My US citizen husband has been working outside USA for almost 11 years now. He files tax every Year and we always come to the US once a year during that 11 years period. Right now we live in Jakarta and we are thinking moving back to US due to kids education.  We’ve Been married for 13 years and Currently I’m holding 5 years visa tourist. My kids were born here in Jakarta and holding dual nationalities. 

 

I need an advise for the following:

 

We understand the visa process takes time thus my husband asked me to start preparing documents for IR-1 . Currently he is working in Jakarta as an expatriate and our plan is he will look for a job in the US while awaiting for the visa process. Is that qualified to put the Salary Info in Affidavit of Support Form using his current job ?  Or Does your US citizen’s sponsor (my husband) must have a job in the US to apply for a spouse visa? 

 

Would appreciate any input. Thank you ... 

 

Mary

[JFH 12,191]

Why is he asking you to do the I-130? That form is to be completed by the petitioner (the USC). 

 

The affidavit of support is not required until after the I-130 is approved (which is currently taking 6 - 9 months). You can only include current salary on the affidavit of support if the income will continue from the same source once you are in the USA. Most overseas petitioners either use a joint sponsor, use their assets, or move back to the USA a few months ahead of their spouse and get a job that meets the income requirements. 

 

[aywang 169]

Agree with the comment above.  I am the U.S. citizen and have been living abroad for the past 20 years.  We applied for I-130 in May 2017, and is now waiting for the NVC process to start (USCIS approved in January).  I have used my dad as co-sponsor.  I don't want to move ahead of my husband, but given the delays, I may have to in order to have the kids start school in the U.S. by this fall.

[MarryAnn 0]

37 minutes ago, JFH said:

Why is he asking you to do the I-130? That form is to be completed by the petitioner (the USC). 

 

The affidavit of support is not required until after the I-130 is approved (which is currently taking 6 - 9 months). You can only include current salary on the affidavit of support if the income will continue from the same source once you are in the USA. Most overseas petitioners either use a joint sponsor, use their assets, or move back to the USA a few months ahead of their spouse and get a job that meets the income requirements. 

 

Thank you for your respond. Yes, he is the one who will fill the I-30. At this stage we just print all the forms in order to prepare the documents needed. 

 

Thanks again for your information ...most likely we need a co-sponsor from in-laws since my husband doesnt want to move ahead without the family. 

[MarryAnn 0]

30 minutes ago, aywang said:

Agree with the comment above.  I am the U.S. citizen and have been living abroad for the past 20 years.  We applied for I-130 in May 2017, and is now waiting for the NVC process to start (USCIS approved in January).  I have used my dad as co-sponsor.  I don't want to move ahead of my husband, but given the delays, I may have to in order to have the kids start school in the U.S. by this fall.

Yes, we love living in expatriate life here in Asia but kids schooling is our main priority right now. May I know how long do you have to submit the Affidavit of Support after you received your NOA-1 ( case approved)? 

[aywang 169]

2 minutes ago, MarryAnn said:

Yes, we love living in expatriate life here in Asia but kids schooling is our main priority right now. May I know how long do you have to submit the Affidavit of Support after you received your NOA-1 ( case approved)? 

NOA-2 is case approved; NOA 1 is case receipt by USCIS.

 

current timeline is 5-8 weeks for a case number...and about 2-3 days for payments...then u can mail / electronically submit your affidavit of support. I think u have an entire year to do the NVC steps (if you choose to take things nice and slow).

 

i find timing hard to predict. If you don’t want your hubbie to have to move ahead of you, just find a co-sponsor at that time. Then, you just need to prove intention to move back for your husband.

[ms_bobdog 501]

1 hour ago, MarryAnn said:

Yes, we love living in expatriate life here in Asia but kids schooling is our main priority right now. May I know how long do you have to submit the Affidavit of Support after you received your NOA-1 ( case approved)? 

As long as you contact NVC at least once a year, your case will remain open. Hope this helps with your planning!

[MarryAnn 0]

36 minutes ago, ms_bobdog said:

As long as you contact NVC at least once a year, your case will remain open. Hope this helps with your planning!

Thank you! Yess ..  we will take it slowly and make sure we understand the whole process.  xx

[Ryan H 3,840]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,263]

19 hours ago, JFH said:

Why is he asking you to do the I-130? That form is to be completed by the petitioner (the USC). 

 

The affidavit of support is not required until after the I-130 is approved (which is currently taking 6 - 9 months). You can only include current salary on the affidavit of support if the income will continue from the same source once you are in the USA. Most overseas petitioners either use a joint sponsor, use their assets, or move back to the USA a few months ahead of their spouse and get a job that meets the income requirements. 

 

It does not matter who types or writes information into forms.  It matters that the correct information and signature appear in the right places.