I130 for IR1 outside from USA

[Eugenia2017 28]

Can the citizen send the petition from the country of the beneficiary and remain there until the process is over? He is a retired  from the Usa SS and has also a good sponsor 

[millefleur 5,046]

**Moved from Emigrating Outside the US to IR-1 / CR-1 Spouse Visa Process & Procedures**

[Eugenia2017 28]

I would very much like to have opinions on this topic! Thank you 

[pushbrk 12,876]

5 hours ago, Eugenia2017 said:

I would very much like to have opinions on this topic! Thank you 

Not opinion.  Fact.  Yes, the US Citizen can file from outside the US and stay outside the US throughout the process, but the spouse cannot enter the US before the petitioner.  Which country?  Doesn't change the answer, just possibly changes the available options.

[Eugenia2017 28]

3 hours ago, pushbrk said:

Not opinion.  Fact.  Yes, the US Citizen can file from outside the US and stay outside the US throughout the process, but the spouse cannot enter the US before the petitioner.  Which country?  Doesn't change the answer, just possibly changes the available options.

The country is Colombia but I can not find any information about available options. 

 

4 hours ago, pushbrk said:

Not opinion.  Fact.  Yes, the US Citizen can file from outside the US and stay outside the US throughout the process, but the spouse cannot enter the US before the petitioner.  Which country?  Doesn't change the answer, just possibly changes the available options.

My concern is that the Consul believes that we do not need to live in USA and that we are doing well in their country.

[pushbrk 12,876]

9 hours ago, Eugenia2017 said:

The country is Colombia but I can not find any information about available options. 

 

My concern is that the Consul believes that we do not need to live in USA and that we are doing well in their country.

You will be dealing with the US Consulate, not the Colombian Consulate.  "Need" is not an issue.  The number one issue is whether yours is a genuine "bona fide" relationship.  The rest is just are you a US Citizen, both of you were free to marry when you married and are actually married.

 

There is no Direct Consular Filing option for Colombia, so you will follow the process you'll find by clicking on the work Guides at the top of any page here.

[Eugenia2017 28]

30 minutes ago, pushbrk said:

You will be dealing with the US Consulate, not the Colombian Consulate.  "Need" is not an issue.  The number one issue is whether yours is a genuine "bona fide" relationship.  The rest is just are you a US Citizen, both of you were free to marry when you married and are actually married.

 

There is no Direct Consular Filing option for Colombia, so you will follow the process you'll find by clicking on the work Guides at the top of any page here.

I understand the consular process and the marriage is in good faith, we have two children in our relationship.

Some people told us that the citizen had to be in USA while the process but with this information we are more clear. Thank you

[carmel34 3,621]

Near the end of this approximately one-year process, your husband will need to show evidence of US domicile, or intent to establish US domicile, and sufficient US-based income to sponsor you and the children, or get a financial sponsor in the US.  He'll need to provide US tax returns for world-wide income or a statement that he had no income.  That's a long way off but worth doing research on so that you're ready for it and not surprised by it later.  Good luck!

[Eugenia2017 28]

1 hour ago, carmel34 said:

Near the end of this approximately one-year process, your husband will need to show evidence of US domicile, or intent to establish US domicile, and sufficient US-based income to sponsor you and the children, or get a financial sponsor in the US.  He'll need to provide US tax returns for world-wide income or a statement that he had no income.  That's a long way off but worth doing research on so that you're ready for it and not surprised by it later.  Good luck!

Thank you . We will keep everything in mind!

[pushbrk 12,876]

2 hours ago, Eugenia2017 said:

I understand the consular process and the marriage is in good faith, we have two children in our relationship.

Some people told us that the citizen had to be in USA while the process but with this information we are more clear. Thank you

If you understood it was the US Consulate you're dealing with, you would have understood that the US is "their country", not Colombia.  If you understood the process, you would already know that how well you were doing in Colombia is irrelevant to the process.

[JFH 12,190]

16 hours ago, carmel34 said:

Near the end of this approximately one-year process, your husband will need to show evidence of US domicile, or intent to establish US domicile, and sufficient US-based income to sponsor you and the children, or get a financial sponsor in the US.  He'll need to provide US tax returns for world-wide income or a statement that he had no income.  That's a long way off but worth doing research on so that you're ready for it and not surprised by it later.  Good luck!

May not need to include the children as they may already be USCs or they will become USCs immediately upon arrival. It's unclear whether the children are USCs but I am guessing they are.

[Eugenia2017 28]

2 hours ago, JFH said:

May not need to include the children as they may already be USCs or they will become USCs immediately upon arrival. It's unclear whether the children are USCs but I am guessing they are.

Yes. They are Usa citizens

Edited May 23, 2019 by Eugenia2017

[pushbrk 12,876]

7 hours ago, Eugenia2017 said:

Yes. They are Usa citizens

Then they will count in your husband's household size for the affidavit of support but they DO NOT count on any joint sponsor's affidavit of support.