Spouse visa queries

[Momomemo16 0]

Hey guys I have some queries regarding CR-1 visa. I am legal permanent resident. I stay overseas with my husband. I also go to the US once very 6 months to keep my permanent resident status valid. so there are my queries

1) Do I need to have a minimum income to sponsor my spouse.

2)I am student studying overseas and I have no source of income. However if I do get a job overseas can i show that as my income?

3)Do I need to give bio metrics for this visa. I am asking this because it is difficult for me to travel back and forth from the US. So it would be convenient for me to just apply for the spouse greencard and return back to overseas

[Lemonslice 5,002]

If you're living overseas with your husband, why do you need to reunite in the USA?

 

Careful how you describe your situation/it sounds like you've already abandoned your permanent residence...

[geowrian 22,338]

25 minutes ago, Momomemo16 said:

Hey guys I have some queries regarding CR-1 visa. I am legal permanent resident. I stay overseas with my husband. I also go to the US once very 6 months to keep my permanent resident status valid. so there are my queries

CR-1 visas are for US citizen petitioners. Your case would fall under F2A. ETA: ~2.5 years.

 

25 minutes ago, Momomemo16 said:

1) Do I need to have a minimum income to sponsor my spouse.

2)I am student studying overseas and I have no source of income. However if I do get a job overseas can i show that as my income?

3)Do I need to give bio metrics for this visa. I am asking this because it is difficult for me to travel back and forth from the US. So it would be convenient for me to just apply for the spouse greencard and return back to overseas

1. Yes. See the I-864P (https://www.uscis.gov/i-864p). Note that this is a bare minimum to qualify...the actual public charge concern is a judgement call by the CO based on the totality of the circumstances.
2. Being a student is good, re: maintaining LPR status. The general intention of a student is that it is a temporary stay abroad. But note that you may eventually get a warning if they start to question where you actually live. A green card holder must maintain permanent residency within the US.
   1. A job overseas would only count towards the income requirements if the income will continue from the same source upon return to the US. Most jobs do not meet this criteria...they stop when you return to the US.
3. No biometrics of the petitioner are required except in very limited cases. I would not be concerned about that piece. You can file the I-130 while outside the US.
   1. The beneficiary will have biometrics abroad before they issue the visa.

[Just Paul 4,595]

1 hour ago, Momomemo16 said:

I am legal permanent resident. I stay overseas with my husband. I also go to the US once very 6 months to keep my permanent resident status valid.

You realize that is not the purpose of having a green card.  It is meant for living in the US.  If you are in the US for only a few days / weeks a year expect issues when trying to renew or go for citizenship. 

[TBoneTX 46,416]

Thread is moved from the K-3 Process forum to the "Bringing Family Members of Permanent Residents" forum, which is for F-2A status.

[SusieQQQ 11,587]

You’re at risk of losing your green card as you are not actually residing in the US. Related to that, even if you manage to keep touching down every 6 months without being sent before an immigration judge, you clearly don’t meet the requirements to sponsor a spouse: you don’t have domicile in the US, and you don’t have a stable US based income. There is no way you can sponsor a spouse under current circumstances. 

Edited April 18, 2019 by SusieQQQ