Applying when both beneficiary and sponsor are outside the US?

[Ollie7 2]

Myself (British) and my wife (American) met, married, and continue to live together in a third country that is neither the UK or the US. We now wish to move to the US to put down some roots. We wish to apply and complete the whole process without her having to return to the US and us having to spend a period of time apart. Is this possible? Have people here done this successfully? 

 

Thank you so much I really appreciate any feedback!!!

 

Ollie

[Bee91 78]

I'm in the process of doing exactly that now. It should be fine and I've read a few other cases on VisaJourney of people successfully doing that. 

 

The only thing is you will have to prove U.S. Domicile for your U.S. wife. You have to show that she always intended on coming back to the U.S. (things like voting records, driver's license, bank accounts in the states, etc. will show this). Other than that, you'll deal with the consulate for interview in your country (Thailand I'm assuming? Are you teachers perhaps?)

 

 

Edited December 13, 2019 by Bee91

[SalishSea 18,020]

12 minutes ago, Ollie7 said:

Myself (British) and my wife (American) met, married, and continue to live together in a third country that is neither the UK or the US. We now wish to move to the US to put down some roots. We wish to apply and complete the whole process without her having to return to the US and us having to spend a period of time apart. Is this possible? Have people here done this successfully? 

 

Thank you so much I really appreciate any feedback!!!

 

Ollie

There are also financial requirements that you will want to investigate.  As she is sponsoring you, she will need adequate US-based income, or a joint sponsor who is a USC or LPR.

[USS_Voyager 1,972]

Wouldn’t it be more prudent to let the US citizen spouse move a few months ahead of the non-US citizen spouse to:

1. Establish domicile.

2. Sign lease or buy houses, get bank accounts, find a job...

 

Separation will only be few months.

[Bee91 78]

2 hours ago, USS_Voyager said:

Wouldn’t it be more prudent to let the US citizen spouse move a few months ahead of the non-US citizen spouse to:

1. Establish domicile.

2. Sign lease or buy houses, get bank accounts, find a job...

 

Separation will only be few months.

It could be, but everyone's thoughts and situations are different. I don't want to be separated from my spouse and we have a way to make it all work without putting ourselves in a hard situation.  For some, it may be necessary, but to people who might have the option to stay together of course they are going to take that. 

[NikLR 13,231]

7 hours ago, Bee91 said:

It could be, but everyone's thoughts and situations are different. I don't want to be separated from my spouse and we have a way to make it all work without putting ourselves in a hard situation.  For some, it may be necessary, but to people who might have the option to stay together of course they are going to take that. 

US Immigration doesn't care what you want. They care about what they need.  If you don't provide what THEY need and want, they will deny the visa.

Many people are able to stay together for a long time and even the entire time, especially at overseas consulates and embassies.  However, evidence of re-establishing domicile and sponsorship is a requirement. 

[carmel34 3,650]

18 hours ago, Ollie7 said:

Myself (British) and my wife (American) met, married, and continue to live together in a third country that is neither the UK or the US. We now wish to move to the US to put down some roots. We wish to apply and complete the whole process without her having to return to the US and us having to spend a period of time apart. Is this possible? Have people here done this successfully? 

 

Thank you so much I really appreciate any feedback!!!

 

Ollie

The only way this can be done is if the USC spouse has sufficient ties to the US to prove US domicile, and sufficient US-based income or assets to sponsor you or you have a qualified US-based joint sponsor.  Do lots more research on the spousal visa process.  Sometimes a period of separation is unavoidable.  Good luck!

[Bee91 78]

On 12/13/2019 at 11:40 PM, NikLR said:

US Immigration doesn't care what you want. They care about what they need.  If you don't provide what THEY need and want, they will deny the visa.

Many people are able to stay together for a long time and even the entire time, especially at overseas consulates and embassies.  However, evidence of re-establishing domicile and sponsorship is a requirement. 

Yes. And in my case I'm able to prove everything they need without moving. That's why I said every case is different. If the USC doesn't have enough ties then yeah, they may need to move. The original question was if it is /possible/ to do, which it is possible.  

 

Wish y'all the best of luck in the process. 

[NikLR 13,231]

34 minutes ago, Bee91 said:

Yes. And in my case I'm able to prove everything they need without moving. That's why I said every case is different. If the USC doesn't have enough ties then yeah, they may need to move. The original question was if it is /possible/ to do, which it is possible.  

 

Wish y'all the best of luck in the process. 

With your case you may not know what they will ask of you until that time.  

[Bee91 78]

21 hours ago, NikLR said:

With your case you may not know what they will ask of you until that time.  

I'm not sure why you seem so pessimistic about this, though maybe that wasn't your intent?

 

I've read up on my consulate and they are pretty lax about the proof for domicile. However, I already have plenty of evidence (voting records, drivers license, bank accounts, a car title, renewing of professional license in a state, etc.) So, yes, I may not know what they will ask of me, but I have plenty of evidence ready.

[NikLR 13,231]

19 minutes ago, Bee91 said:

I'm not sure why you seem so pessimistic about this, though maybe that wasn't your intent?

 

I've read up on my consulate and they are pretty lax about the proof for domicile. However, I already have plenty of evidence (voting records, drivers license, bank accounts, a car title, renewing of professional license in a state, etc.) So, yes, I may not know what they will ask of me, but I have plenty of evidence ready.

I have a habit of not counting chickens until they're hatched.   It can seem pessimistic.

[Ollie7 2]

Thanks everyone for all your useful information and advice. After some careful consideration and also speaking to a US based lawyer we have decided its best if she returns to the US to establish stronger proof of domicile, get us set up with accommodation, show a US based income etc. and I will return to the UK and complete the remainder of the process there. It will really suck not being with each other as we have lived together for 4 years now, but silver lining I can spend some time at home with my family which I haven't done for a long long time, she can come visit, and it will be worth it in the end

 

Thanks again everyone, I do really appreciate it and best of luck!

[JFH 12,191]

8 minutes ago, Ollie7 said:

Thanks everyone for all your useful information and advice. After some careful consideration and also speaking to a US based lawyer we have decided its best if she returns to the US to establish stronger proof of domicile, get us set up with accommodation, show a US based income etc. and I will return to the UK and complete the remainder of the process there. It will really suck not being with each other as we have lived together for 4 years now, but silver lining I can spend some time at home with my family which I haven't done for a long long time, she can come visit, and it will be worth it in the end

 

Thanks again everyone, I do really appreciate it and best of luck!

Sounds like a very sensible plan. The separation is hard but almost all of us have been through a period of time apart and we have all lived to tell the tale. I always think if military spouses can cope with the separation and the not knowing whether the spouse will return alive or in a casket then we can get through it too. 

[canadavisa22 202]

12 hours ago, Ollie7 said:

Thanks everyone for all your useful information and advice. After some careful consideration and also speaking to a US based lawyer we have decided its best if she returns to the US to establish stronger proof of domicile, get us set up with accommodation, show a US based income etc. and I will return to the UK and complete the remainder of the process there. It will really suck not being with each other as we have lived together for 4 years now, but silver lining I can spend some time at home with my family which I haven't done for a long long time, she can come visit, and it will be worth it in the end

 

Thanks again everyone, I do really appreciate it and best of luck!

If you want to limit the amount of time you're apart, she doesn't have to move back until you're at least finished with the I-130 process which can take a year depending on the service center you're assigned to.

 

There's no decision made for proof of domicile really until your interview, so you could even limit the separation even further if she can simply get a lease and a job within a couple of months of returning. If you can get a formal lease done with family during the NVC stage that should be enough to get you through to the interview.

Edited December 16, 2019 by canadavisa22

[gonzolux 82]

I stayed in my husband's country until after we submitted documents to the NVC. I wrote a cover letter stating I would return to the US to live by _______ date and added in the usual domicile documents (valid drivers license, bank statements, etc). We were separated three months exactly. (It would have only been two but we had a document returned. Always make sure documents are oriented properly!) It wasn't fun, but it was worth it to know that we would definitely not be put into Administrative Processing for establishing domicile. My husband took an updated I-864 with my new employer and address to his interview to show that I had indeed returned to the US.