CR1 for wife and kid

[wtrav 34]

If we get married in my home country (Bulgaria) and want to move to the US after a couple of years (e.g. in 2021), can my husband file CR1 for me and our kid? Is it a must for him to be residing in the US during that process? We don't want to live separated especially with a small kid.

[Roel 7,193]

He can file from whenever he wants but as US citizen he will need to show proofs of established domicle in the US if you want your visa approved. 

[Jorge V 195]

To confirm and expand a little more, yes your husband can file the CR1 while residing outside of the US. The process takes around 12-14 months (though this may change by 2021) and about 2/3 of the way through the process he'll have to submit an I864 (affidavit of support). The I864 requires that the petitioner (your husband) either be domiciled in the US or intend to reestablish domicile in the US before or at the same time as the intending immigrants.

 

Here is the relevant excerpt from the I864 instructions page 5:

 

Quote

2. You are living abroad temporarily.

 

If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include:

  A. Your voting record in the United States;

  B. Records of paying U.S. state or local taxes; Form I-864 Instructions 03/06/18 Page 6 of 17

  C. Having property in the United States;

  D. Maintaining bank or investment accounts in the United States;

  E. Having a permanent mailing address in the United States; or

  F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

 

3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.

Your husband would fall into one of these two categories, and from the sounds of it, falls into the 3rd. What this means is that, while he isn't required to move to the US before you and your kid, he does have to convince them that he fully intends to do so no later than you. He can do this by including evidence such as 1) a rental agreement or home purchase, 2) enrolling your kid into a school, 3) getting a job. These are just examples and you can include anything else that makes sense.

 

I suggest you do a search on here for "reestablish domicile" to read through previous conversation.

Edited July 3, 2018 by Jorge V

[Hikerwa 28]

You will also need to get a Consular Report of Birth Abroad for your kid, if not born in the USA.

 

[wtrav 34]

2 hours ago, Hikerwa said:

You will also need to get a Consular Report of Birth Abroad for your kid, if not born in the USA.

 

Thanks! I know. My due date is end of January and we will most probably need to do DNA as well as we are not married yet. 

 

He actually filed k1 for me in March but considering the fact the birth will extend the process we are thinking about other options now.

Edited July 3, 2018 by wtrav

[wtrav 34]

2 hours ago, Jorge V said:

To confirm and expand a little more, yes your husband can file the CR1 while residing outside of the US. The process takes around 12-14 months (though this may change by 2021) and about 2/3 of the way through the process he'll have to submit an I864 (affidavit of support). The I864 requires that the petitioner (your husband) either be domiciled in the US or intend to reestablish domicile in the US before or at the same time as the intending immigrants.

Thanks a lot! I will def do a research.

 

As he will be intending to reestablish domicile at the time of i864 submittion, he won't be employed in the US at that time.

With that being said will he be still required to earn above the threshold or prove somehow that once he comes back he can find a well paid job? Will he be required to provide certain amount of savings considering he won't have a US job? 

 

Edited July 3, 2018 by wtrav

[Jorge V 195]

4 minutes ago, wtrav said:

Thanks a lot! I will def do a research.

 

As he will be intending to reestablish domicile at the time of i864 submittion, he won't be employed in the US at that time.

With that being said will he be still required to earn above the threshold or prove somehow that once he comes back he can find a well paid job? Will he be required to provide certain amount of savings considering he won't have a US job? 

 

Your husband will be required to be the primary sponsor on the I864 and will be required to either earn above the minimum threshold ($25,975/year) or 3 times that amount in assets. The promise of a future job is not sufficient, only his income at the time of filing the I864 is considered and that income must come from a US based source.

 

That said, if your husband doesn't meet the requirements then you'll have to get a cosponsor. A cosponsor can be any US citizen or resident domiciled in the US.