Cr1 visa

[Inesmlm 13]

Hi everyone, 

I am an American/Portuguese citizen. I lived in the US for 8 years and moved back to Portugal 2 years ago due to family health issues. I am thinking about moving back to the US again soon, however I have a girlfriend who I’d like to sponsor to come with me. I understand we have to be married so I can sponsor her and I would rather get married in Portugal first when the time is right. I also have a daughter (who is American/Portuguese).

 

I’m not 100% sure of how the process goes so here are my questions: 

- I have to file for Cr1 (I-130 petition) whilst in Portugal? Is this the only petition we have to file? 
- what kind of income proof do I have to gather? I am confused about this. I have a job in Portugal (so does she) and even though I don’t work in the US I still file for my taxes over there (the way it’s supposed to be done). I don’t own anything in the US. 
Will I need a joint sponsor? 
- if I don’t make enough money to sponsor her on my own and don’t want to use a joint sponsor, would it be a good idea that I move to the US by myself first, get a job and a house and go from there with the petition and affidavit of support? 
- if all this goes smoothly and works out the way it’s supposed to, will my girlfriend have permission to work immediately? 
- can all this be file electronically? 
 

thank you in advance! 

[aaron2020 11,651]

Hi,

 

You file an I-130 to start the immigration process.  When USCIS approves the I-130, the case moves to the NVC.  At the NVC, you will pay more fees and file more paperwork.  Follow the Guides on VJ.

 

If your income will stop once you move back to the US and you do not have sufficient assets to meet the I-864 requirements, then you will need a Joint Sponsor.

You can come back alone, get a job, and then meet the I-864 requirements without a Joint Sponsor.  Some people do this.  

 

Once your wife enters the US with an immigrant visa, she automatically gets a green card.  She can work immediately.

 

You can file the I-130 online.  You are required to file online with the NVC.  The immigration interview at the US Embassy will be in person.  

[pushbrk 12,877]

Just to clarify, sponsorship comes later.  You can file the petition even though you don't qualify, but if you want to avoid using a joint sponsor, you will need to return to the US and get a job before you submit sponsorship documents.  That's several month AFTER  submitting the petition.