Living abroad with spouse, applying for green card

[Maverick1990 2]

Hi,

I live in Northern Ireland (my home country) with my wife (the US citizen), and we are looking at applying for a green card for me so we can move to the states. Looking for guidance on how my wife applies for the I-130 for me, considering that she lives outside the states with me. Most advise that I read here seems like the US citizen is in the states, and applying to bring the spouse there with them. Can it be applied for online? As the online application with USCIS seems geared towards someone currently living in the states. As much insight as possible would be helpful.

[B&C2017 123]

19 minutes ago, Maverick1990 said:

Hi,

I live in Northern Ireland (my home country) with my wife (the US citizen), and we are looking at applying for a green card for me so we can move to the states. Looking for guidance on how my wife applies for the I-130 for me, considering that she lives outside the states with me. Most advise that I read here seems like the US citizen is in the states, and applying to bring the spouse there with them. Can it be applied for online? As the online application with USCIS seems geared towards someone currently living in the states. As much insight as possible would be helpful.

There is absolutely no problem in applying while she is out of the country. We did the same thing and many others do as well 🙂

 

It depends on your situation. She might have to go back earlier to get a job (prove of domicile and income for the affidavit of support), but that might not even be necessary (I don't know your full situation so I can't tell).

 

It is important though, that she can prove domicile in the US (which she can't) OR that her stay abroad is temporary and she has the intention to go back and establish y'alls life there.

The temporary stay can be proven by: 

- Voters registrations

- Bank account in the US

- US assets she might still have

- Her paying US taxes

etc. (See USCIS instructions and online for more possibilities)

 

The income requirement in the Affidavit of support would have to be met though and this is where she might have to relocate to the US before you (depending on your financial status). 
Income earned abroad is not calculated into the minimum income requirement, so you'd have to substitute for that with assets (I believe three times the minimum income requirement). If you can't do that, she'd have to go back earlier and get a job to show the required income or you'd have to get a joint sponsor (her parents, siblings, friends, etc.). 

 

About the online question: Yes, you can apply online. The thing is that some fields sometimes don't work correctly, but as I understood you can print the thing out and then fill in the missing parts with pen and upload it. Somone would have to confirm that though.
To be honest, the PDF version is not much better either (paper based filing). It has fields that don't work right or you can't enter something as requested. So you have to fill out some things with a pen either way 🙂
I've never seen the online form, but I doubt that it is much different than the paper based one (question wise) and the paper based one isn't geared towards someone currently living in the states.

Hope this helps 🙂

[Jessandmargarito 13]

You can apply for i130 just fine and now with the online app it is even easier. Our i130 was approved and I am living abroad with my husband. Not yet at the interview stage but up until now we have no issues. We are planning to have a joint sponsor to help out. We’ll see how that goes with the public charge ruling. 

[Just Paul 4,595]

File the I-130/I-130a either online or on paper.  Then sit back and wait.   Hopefully she is current on her US tax filings.

[pushbrk 12,892]

Note, that you are not applying for a green card.  You are beginning an immigrant visa process, with the US Citizen filing a petition in behalf of the spouse.  When the petition is approved, the foreign spouse applies for a CR1 or IR1 visa.  Only when the visa is used and the new immigrant fee is paid, will the foreign spouse receive a green card.  Time for the OP and spouse to start studying guides here and I-130 instructions.

[Maverick1990 2]

On 4/14/2020 at 3:01 PM, B&C2017 said:

There is absolutely no problem in applying while she is out of the country. We did the same thing and many others do as well 🙂

 

It depends on your situation. She might have to go back earlier to get a job (prove of domicile and income for the affidavit of support), but that might not even be necessary (I don't know your full situation so I can't tell).

 

It is important though, that she can prove domicile in the US (which she can't) OR that her stay abroad is temporary and she has the intention to go back and establish y'alls life there.

The temporary stay can be proven by: 

- Voters registrations

- Bank account in the US

- US assets she might still have

- Her paying US taxes

etc. (See USCIS instructions and online for more possibilities)

 

The income requirement in the Affidavit of support would have to be met though and this is where she might have to relocate to the US before you (depending on your financial status). 
Income earned abroad is not calculated into the minimum income requirement, so you'd have to substitute for that with assets (I believe three times the minimum income requirement). If you can't do that, she'd have to go back earlier and get a job to show the required income or you'd have to get a joint sponsor (her parents, siblings, friends, etc.). 

 

About the online question: Yes, you can apply online. The thing is that some fields sometimes don't work correctly, but as I understood you can print the thing out and then fill in the missing parts with pen and upload it. Somone would have to confirm that though.
To be honest, the PDF version is not much better either (paper based filing). It has fields that don't work right or you can't enter something as requested. So you have to fill out some things with a pen either way 🙂
I've never seen the online form, but I doubt that it is much different than the paper based one (question wise) and the paper based one isn't geared towards someone currently living in the states.

Hope this helps 🙂

We are using a joint sponsor who currently makes sufficient overly the 125% over the poverty line requirement, so from what we've read this should be okay. Rather than her return early and get a job.

She still pays US taxes, and has a bank account open there which she utilises pretty frequently. She's only on a temporary visa for here in the UK, so we should be able to prove okay that the desire is to move back to the states and set up shop there.

This is helpful, thank you.

[Maverick1990 2]

On 4/14/2020 at 7:29 PM, Jessandmargarito said:

You can apply for i130 just fine and now with the online app it is even easier. Our i130 was approved and I am living abroad with my husband. Not yet at the interview stage but up until now we have no issues. We are planning to have a joint sponsor to help out. We’ll see how that goes with the public charge ruling. 

Has the process moved fairly quickly so far for you? We're trying to get an idea of how long the total process is, from applying for the I-130 to the interview.

On 4/14/2020 at 7:49 PM, Paul & Mary said:

File the I-130/I-130a either online or on paper.  Then sit back and wait.   Hopefully she is current on her US tax filings.

Yea, she's currently up to date with all her tax filings.

[Maverick1990 2]

On 4/14/2020 at 10:28 PM, pushbrk said:

Note, that you are not applying for a green card.  You are beginning an immigrant visa process, with the US Citizen filing a petition in behalf of the spouse.  When the petition is approved, the foreign spouse applies for a CR1 or IR1 visa.  Only when the visa is used and the new immigrant fee is paid, will the foreign spouse receive a green card.  Time for the OP and spouse to start studying guides here and I-130 instructions.

I understand this, and was using as short hand. AS the ultimate goal is to have the green card, and the I-130 is the first step in achieving this. And of course we've got more reading to do regarding study guides and instructions etc. We've only just started the process! Please only respond with helpful, and constructive comments in future.

[Jessandmargarito 13]

1 hour ago, Maverick1990 said:

Has the process moved fairly quickly so far for you? We're trying to get an idea of how long the total process is, from applying for the I-130 to the interview.

Yea, she's currently up to date with all her tax filings.

We are kind of in limbo at the moment because we have to wait for the records office to open in my husband’s country so we can order his police certificate. Based on the NVC estimates, they were processing documents from Jan 31 as of the other day. So it could be another few months before we are DQ and receive an interview. 

1 hour ago, Maverick1990 said:

 

[pushbrk 12,892]

3 hours ago, Maverick1990 said:

I understand this, and was using as short hand. AS the ultimate goal is to have the green card, and the I-130 is the first step in achieving this. And of course we've got more reading to do regarding study guides and instructions etc. We've only just started the process! Please only respond with helpful, and constructive comments in future.

Help does not always come in the way one expects.  We do not know what you know and don't know.  We only see what you write, and help as we think best.

[rexy10 10]

6 hours ago, Maverick1990 said:

I understand this, and was using as short hand. AS the ultimate goal is to have the green card, and the I-130 is the first step in achieving this. And of course we've got more reading to do regarding study guides and instructions etc. We've only just started the process! Please only respond with helpful, and constructive comments in future.

Actually he responded in a very helpful way, he explained the whole process which will definitely help you in the process you are about to start.

[Maverick1990 2]

On 4/14/2020 at 7:29 PM, Jessandmargarito said:

You can apply for i130 just fine and now with the online app it is even easier. Our i130 was approved and I am living abroad with my husband. Not yet at the interview stage but up until now we have no issues. We are planning to have a joint sponsor to help out. We’ll see how that goes with the public charge ruling. 

How did the joint sponsor situation work out for you two? We're now at the NVC stage, so beginning to look into her family being joint sponsors.

[Jessandmargarito 13]

On ‎1‎/‎19‎/‎2021 at 1:51 AM, Maverick1990 said:

How did the joint sponsor situation work out for you two? We're now at the NVC stage, so beginning to look into her family being joint sponsors. 

 

 

Had no Issues whatsoever. My husband had his interview and arrived on Dec 3.

Edited January 22, 2021 by Ryan H
Reason for edit: to separate reply from quote.