3rd party country

[N&M's 1]

Has anyone tried living in a 3rd party country on a tourist Visa to try and shorten the length of time you will be separated while the i130 is processing?  Did you run into any obstacles?  Any advice on things to consider with this scenario?

[Oliversmom 250]

The only problem I can think of is how are you going to meet the financial requirements to sponsor your spouse if you are not working.  If you have that worked out then I don't see a problem.  I know you also have to show intent to re-establish domicile but I am not familiar with those requirements.  I am sure others more experienced will chime in.  Good luck to you.  

[SorrowL 138]

If your sponsor is in the EU as a legal resident, you can easily apply for a spousal resident permit in that country after entering without a visa. You will require a Joint Sponsor for a I-864, and you can work on the EU permit, but the money you make outside of the USA are not applicable for I-864 income purposes. If you have enough liquid asset savings (60-70k> in US dollar equivalent), you could probably get through with asset sponsorship. 
 

You would have to inform yourself on the country of destination in regards to how easy it is to get residency. I know the EU only requires that your spouse has a job and you have proof of marriage.
 

 

[Boiler 45,541]

47 minutes ago, N&M's said:

Has anyone tried living in a 3rd party country on a tourist Visa to try and shorten the length of time you will be separated while the i130 is processing?  Did you run into any obstacles?  Any advice on things to consider with this scenario?

You would be visiting not living.

 

Why would it have any impact on processing times?

[Just Paul 4,595]

49 minutes ago, N&M's said:

Has anyone tried living in a 3rd party country on a tourist Visa to try and shorten the length of time you will be separated while the i130 is processing?  Did you run into any obstacles?  Any advice on things to consider with this scenario?

You would not shorten the times unless the beneficiary had some form of residency.  We had residency in Mexico, did a DCF and made it thru in near record time. We had friends just do the same thing but the interview wait was crazy in Mexico and they transferred the case back to Manila.

[N&M's 1]

thank you, I do not mean the length of time for processing but the length of time we spend apart in two different countries.

[Boiler 45,541]

1 minute ago, N&M's said:

thank you, I do not mean the length of time for processing but the length of time we spend apart in two different countries.

In that case yes many have. Just need to show US domicile and of course meet sponsorship requirements.

[N&M's 1]

50 minutes ago, Oliversmom said:

The only problem I can think of is how are you going to meet the financial requirements to sponsor your spouse if you are not working.  If you have that worked out then I don't see a problem.  I know you also have to show intent to re-establish domicile but I am not familiar with those requirements.  I am sure others more experienced will chime in.  Good luck to you.  

yes this is another drawback I have about 100K in savings  although if I am only in a country for less than 6 months would domicile come into question if I own my home? Also know that for income requirements proof of future income is the most important aspect not necessarily the assets.  

[Just Paul 4,595]

48 minutes ago, N&M's said:

I am only in a country for less than 6 months would domicile come into question if I own my home?

You have enough to cover the sponsorship.   If you are there on a tourist visa then you won't have domicile issues.

[SorrowL 138]

1 minute ago, Paul & Mary said:

You have enough to cover the sponsorship.   If you are there on a tourist visa then you won't have domicile issues.

They could also show intent to reestablish domicile right? If they stayed out longer. 

[Just Paul 4,595]

9 minutes ago, SorrowL said:

They could also show intent to reestablish domicile right? If they stayed out longer. 

Yes, but being on a tourist visa does not affect domicile the way being on a resident visa does.   A tourist is going to maintain stronger ties back to the US, keeping his housing, insurance, etc.

 

Petitioner is going to have assets at NVC with the I-864.

[bmqsg5h3 12]

How about getting a Canadian or Mexican visa (tourist or student visa) and living near the border (Seattle/Vancouver; Buffalo/Hamilton-Toronto; Detroit/Windsor; San Diego/Tijuana; El Paso/Ciudad Juárez; etc)? OP can live/work in the US and visit his/her spouse in weekend (and even weekday evening).

[Esponjoso 26]

My spouse and I have done this. With some careful planning, we have been able to be together through our entire visa journey. How well this works for you will depend on what country your spouse is from and your (USC) ability to maintain income. We work remotely, so it was no problem. And I have family in the US who were able to help keep an eye on things at home. My spouse and I stayed in Chile for 5 months (you can stay 3 months on a basic tourist visa and easily extend 3 more months from there). We have also been in various countries in Europe (we both have European passports, I am a dual citizen).

 

There was no question about residency, since we have stayed in short-term rentals, each for less than two months at a time. We have lived out of one suitcase each. At home, I have a house, a car, family, work, all my stuff. I've payed my taxes, insurance, and maintained all the other things necessary. Basically, I've gone on an extended world tour, but my home is still clearly my home.

 

Canada also has a 6 month tourist visa, so is a good one to consider. 3 months in Chile, 3 months in Uruguay, then back to Chile with the visa extension gets you a year with minimal travel. See where your spouse can enter with their passport. Think about what languages you and your spouse speak—it is helpful to be able to communicate with officials if necessary. Do you have friends or relatives anywhere? It is nice to be able to hang out with local friends to not feel too disconnected. Proximity to your spouse's country is also good, so you both can go visit their family through the process.

 

Document everything! Get an accordion file and make like a squirrel. Take pictures, save receipts, keep tickets.

 

Also, this can be a difficult process emotionally if your temperaments are not concussive to itinerant life. My spouse and I are chill, introverted people who don't mind being just with each other for extended periods of time. We like trying new foods. We call our families back home every day, don't mind not seeing friends for a year, and are unsentimental about being parted from our possessions. We have solitary, easy-to-carry hobbies.

 

Let me know if you have any questions about our experiences. In conclusion, it is absolutely possible, but it does take a lot of planning and money.

[N&M's 1]

Thank you everyone for you advice.  We decided to try and blend some suggestions, I was approved to work remotely from Canada so we planned for him to come in on Canadian tourist Visa and he missed entry by one day when all the borders closed due to Covid  We tried to apply for student visa and he was denied so we don't want to include CA in any of our further plans since there reason was 'applicant will not return to country' ...

 

We got worried that all the time apart could be detrimental to us starting a family, we have been working with a fertility specialist and our concerns were confirmed & I can not risk waiting any longer and we must try asap ( I am 37)

 

So now my main issues come down to being able to sponsor on assets alone, because I will not be able to get time off for that long from any employer to go to his country for the rest of the year, job market is ####### so I really don't have the time to find a job that will allow me to work remote from Africa.

 

Right now we have about 60,000 in a joint account. 

 

We own a duplex together that brings in 2200 a month in rental income.  

 

My Dad is willing to be a joint sponsor but he is on fixed retirement income.

 

My sister and brother in law are willing to co sponsor and they make 170K together a year.  

 

On a few forums here I saw that the Accra embassy is adverse to joint, co sponsors etc.  

 

At the NVC stage would you suggest I try and sponsor alone or go in with the help of others I have lined up?  I will be leaving as soon as borders open in his country for the remainder of the year.  Thank you in advance you all are good people!

 

 

 

 

[Ryan H 3,812]

4 hours ago, N&M's said:

My Dad is willing to be a joint sponsor but he is on fixed retirement income.

 

My sister and brother in law are willing to co sponsor and they make 170K together a year.  

 

You can only do this one of the following two ways, not both:

• Your dad acts as a joint sponsor
• Your sister acts a joint sponsor and your brother in-law would be a household member (only semantics but joint sponsor is the proper term when referring to an I-864, not co-sponsor).

 

4 hours ago, N&M's said:

On a few forums here I saw that the Accra embassy is adverse to joint, co sponsors etc.  

 

By law, when an immigrant visa is being sought, a joint sponsor is permissible to meet the income requirement; all embassies an consulate follow the law in this regard.