Us citizen living in colombia, wanting to go back to usa

[Donjuanjosc 0]

Hello all,

 

I hope is all well. I am a us citizen living in colombia for over 7 years.

I live with a colombian citizen lady, we had one Child AND we completed crba for him last year AND he now Is a Us citizen as well.

 

I am looking to relocate back to usa.

 

What would be the best route for my child's Mother ? The best cost/time effective

We do have if needed sponsor back in the usa

 

 

We are not legally married. We have just been living together.

 

We are not in a huge hurry since i have to sell the apartment AND business.

 

Does the Bogotá embassy handle  DCF ? 

 

What route would you reccommend ?

 

Thanks

Edited September 7, 2020 by Donjuanjosc

[geowrian 22,337]

DCF is no longer generally available anywhere. It is only available in exceptional circumstances now.

 

My suggestion is to get legally married then do a CR-1 visa.

Guide:

 

Technically, you can do the K-1 visa since you are not legally married, but this has several downsides compared to a CR-1. The only applicable advantage of the K-1 here is it is slightly faster to get to the US.

Since you noted you are not in a huge hurry, the CR-1 path seems like a much better fit.

Edited September 7, 2020 by geowrian

[Donjuanjosc 0]

2 hours ago, geowrian said:

DCF is no longer generally available anywhere. It is only available in exceptional circumstances now.

 

My suggestion is to get legally married then do a CR-1 visa.

Guide:

 

Technically, you can do the K-1 visa since you are not legally married, but this has several downsides compared to a CR-1. The only applicable advantage of the K-1 here is it is slightly faster to get to the US.

Since you noted you are not in a huge hurry, the CR-1 path seems like a much better fit.

Thanks for the quick reply.

Since I reside in colombia

Do I need to travel to the usa to mail the package to USCIS ?

 

There Is no way to do it from here ?

[geowrian 22,337]

1 hour ago, Donjuanjosc said:

Thanks for the quick reply.

Since I reside in colombia

Do I need to travel to the usa to mail the package to USCIS ?

 

There Is no way to do it from here ?

You can either mail the paper from from wherever you live now, or you can file the I-130 online.

https://www.uscis.gov/i-130

[Lil bear 4,181]

4 hours ago, Donjuanjosc said:

Hello all,

 

I hope is all well. I am a us citizen living in colombia for over 7 years.

I live with a colombian citizen lady, we had one Child AND we completed crba for him last year AND he now Is a Us citizen as well.

 

I am looking to relocate back to usa.

 

What would be the best route for my child's Mother ? The best cost/time effective

We do have if needed sponsor back in the usa

 

 

We are not legally married. We have just been living together.

 

We are not in a huge hurry since i have to sell the apartment AND business.

 

Does the Bogotá embassy handle  DCF ? 

 

What route would you reccommend ?

 

Thanks

There are no immigration visas for “girlfriends”. You either marry her now and petition for her as spouse, or you petition for  her as a fiancé and marry her within 90 days of her entering the US using the fiancé visa. If you go the fiancé route you must then complete 2 further processes.. adjustment of status to LPR based on the condition of having married, and the removal of conditions after 2 years to complete the process of unconditional LPR status. 
As recommended already .. marry now , submit the petition .. use the processing time of 12-18 months to prepare to return. She becomes an LPR on entry .. can work , travel etc straights away. You may still need to go through removal of conditions if you have been married for less then 2 years on entry 

[Lil bear 4,181]

Moved to “What visa do I need” from AOS forum, as this better reflects OP’s current situation

[aaron2020 11,651]

4 hours ago, Donjuanjosc said:

Thanks for the quick reply.

Since I reside in colombia

Do I need to travel to the usa to mail the package to USCIS ?

 

There Is no way to do it from here ?

There's no way to do it from Columbia.  You must file the petition in the US.  You do not need to travel to the US to mail the package to USCIS.  You can file the I-130 online from anywhere in the world or mail it to the US from anywhere in the world.  

 

For the Affidavit of Support, you will also need to have file US tax returns for the last three years on your worldwide income.  If your income will end when you move back to the US, then you will need a Joint Sponsor who can meet the financial requirements.

[HRQX 4,145]

20 hours ago, Donjuanjosc said:

Thanks for the quick reply.

Since I reside in colombia

It's easier to do it online. You fill out and submit I-130 petition after your marriage: https://www.uscis.gov/i-130

Eventually it's going to ask you: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When you select "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since she is currently outside of the US she doesn't have to sign I-130A supplement, but it still needs to be uploaded by you. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[Donjuanjosc 0]

Thank you all for the kind replies.

 

For the sponsor issue, since I am, AND our son Is us citizen already 

 

To calculate the income the sponsor needs to meet is for 3 ? Wife, son, myself ? Ir only wife ?

[Crazy Cat 41,814]

34 minutes ago, Donjuanjosc said:

Thank you all for the kind replies.

 

For the sponsor issue, since I am, AND our son Is us citizen already 

 

To calculate the income the sponsor needs to meet is for 3 ? Wife, son, myself ? Ir only wife ?

Your household size will include all members..3 ..but you are sponsoring only your wife (after marriage)...or fiance  US citizens do not reqire sponsors.

Edited September 12, 2020 by Lucky Cat

[aaron2020 11,651]

21 minutes ago, Donjuanjosc said:

Thank you all for the kind replies.

 

For the sponsor issue, since I am, AND our son Is us citizen already 

 

To calculate the income the sponsor needs to meet is for 3 ? Wife, son, myself ? Ir only wife ?

For the Affidavit of Support, your household count will be 3 - you, your son, and the intending immigrant, your wife/fiancee.  You need to include your son in your household even though you are only sponsoring your wife/fiancee.  

If you are using a co-sponsor/Joint Sponsor, then that person on their Affidavit of Support would only include your wife/fiancee, the intending immigrant, in their household.  You and your son would not be included.  

[Donjuanjosc 0]

Thanks, for all the answers. She now holds a b1 tourist visa. 

 

After we file for i-130 , can she Enter the us with her b1 visa while we wait for it to be approved? 

 

Obvs she will only be taking care of our child while at the USA. Not working , and she would not over stay the 180 periodo. 

 

For the household income, since we are three, My taxes should Say My income is at least 28k USD. Correcto ?