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ZenBV

Unemployed and filing for spouse visa

By ZenBV in IR-1 / CR-1 Spouse Visa Process & Procedures

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ZenBV Rookie

ZenBV   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Hi! I'm American and my husband is Indian. I moved from the US to India 1 year and 7 months ago to get married and now am filing for a US spouse visa for my husband. 

 

Both me and my husband are unemployed. I haven't work since I left the US in July 2018 and he hasn't worked since May 2016. Both of us have Master's, and are living on our savings.

 

Now that the public charge rule is in effect, how will that affect us? We were thinking of using a co-sponsor but now that the public charge rule will be applied the other option is for me to go back to the US, get a job and file from there. 

 

Should we use a co-sponsor or should I (the Petitioner) go back to the US to get a job and apply from there? Please help. Thank you!

TBoneTX Grand Master

TBoneTX   45,784

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the K-3 Process forum to the CR-1 Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

SalishSea Grand Master

SalishSea   18,020

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
5 hours ago, ZenBV said:

Hi! I'm American and my husband is Indian. I moved from the US to India 1 year and 7 months ago to get married and now am filing for a US spouse visa for my husband. 

 

Both me and my husband are unemployed. I haven't work since I left the US in July 2018 and he hasn't worked since May 2016. Both of us have Master's, and are living on our savings.

 

Now that the public charge rule is in effect, how will that affect us? We were thinking of using a co-sponsor but now that the public charge rule will be applied the other option is for me to go back to the US, get a job and file from there. 

 

Should we use a co-sponsor or should I (the Petitioner) go back to the US to get a job and apply from there? Please help. Thank you!

I would think the latter, since you will need to establish domicile anyway.

milimelo Veteran

milimelo   4,533

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted
33 minutes ago, ZenBV said:

We were thinking of filing the I-130 and if approved I would go back to the US to get a job or a co-sponsor for the NVC stage. Could this work?

Wrong thinking. You need proof of domicile and job BEFORE he interviews and for that you need tax transcripts. Start working this year to have tax transcripts next year. 

ROC 2009
Naturalization 2010

GiggsMcGill Contributor

GiggsMcGill   40

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

I stayed with my husband abroad and got a co-sponsor, and so far it's been a nightmare for me. I finally went back to the states (so am here now - my parents are still cosponsors because I have to find work). They accepted my domicile instantly where they rejected it twice before (and I had uploaded bank documents showing I had a bank account the last 6 years, active credit cards, an active driver's license, active voter registration, etc). 

 

Still having trouble with the co-sponsorship - but my lawyer may have filled things out wrong, they've accepted everything except the i-864a. 

 
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