Sponsored Spouse Move to the US alone and IR1 related questions

[LifeAbroad 8]

 

Hello,

 

I have a few questions regardings the GC petition for my husband and would love to get some insight from you all:

 

Some backgrounds about us:

 

I am USC. My husband is German Citizen. We’ve been married for almost 5 years.  We have 1 kid and are expecting another one. We are currently living in Germany. My husband has been wanting to move to the US to work/live and I would like to stay in Germany for now. So here are my questions:

 

1. Is it possible for me to petition for my husband and he can move there, live and work by himself?

 

• I have read on this forum that I must be in the US before or fly together with him otherwise he wouldn’t be able to enter at POE. If this is the case, can I fly there and then back to Germany once he is admitted?

 

• Would there be any issue with immigration for me to stay in Germany and he in USA? Would it affect his naturalization later on if the kids and I stay in Germany the whole time? Of course there will be visits in between.I I am still debating on moving together with my husband but there are some reasons why we want to do this. Also it is in case he is granted the visa while my kid is in middle of the school year and we can’t travel. 

 

2. In case if there’s a joint sponsor - does my joint sponsor have to live in the same state that we/he intend(s) to move to?

 

3. When establishing domicile - I have a bank account that has been there since 2006, driver license, tax. I can get voting registration and records, lease agreement from a friend, his communication with recruiters or future job. Would this be sufficient? 

 

4. In case we are using our asset for petition since I am not working at the moment - can we use his German income to petition as well? He can continue working for his German company for a few months once he move to the US and then get a job. This is in case he can’t find a job before moving there.

 

5. Is total asset required to be 3 or 5 times the 125% Poverty Guidelines to petition for spouse?

 

6. How long before he has to move once the immigrant visa is approved? I’ve read and heard from 6, 4 to 2 months? Knowing this would help us plan ahead as well.

 

7. This might be a long shot but has anyone filed from Germany for your spouse? What does the timeline look like right now?

 

Thank you all for your help! 

 

 

[Boiler 46,206]

This is a family reunification category so no.

[Boiler 46,206]

Just a thought when will you want to move, this could take 2 years.

[Hilde 381]

33 minutes ago, Boiler said:

This is a family reunification category so no.

Which of the questions is this "no" an answer to? 😁

[Boiler 46,206]

7 minutes ago, Hilde said:

Which of the questions is this "no" an answer to? 😁

1. Is it possible for me to petition for my husband and he can move there, live and work by himself?

[Zoeeeeeee 797]

6 minutes ago, Hilde said:

Which of the questions is this "no" an answer to? 😁

You can't petition for your husband to move to the US, when you don't live there or plan to live there yourself. The point of the visa is to unify families - not split them apart. Essentially, your husband has no path to living in the US, unless you live there too.

[Ontarkie 14,518]

You would have to provide proof of reestablishing domicile. Lying or faking proof that you are could come back to bite you both. 

Entering with zero intentions of living in the US to make it look like you will be moving also would be just that. 

Figure out when you actually want to move and plan for it then.  

If you're worried about it being the middle of the school year, then that is something different. Most of the time the Visa is good for 6 months from the medical. Now it that still doesn't get you to the end of the school year then doing what you said earlier. Entering and then going back to tie things up is totally acceptable and done all the time. This would be months not years to do though. Not the entire time your Husband. 

Edited April 14, 2021 by Ontarkie

[Timona 4,208]

I know you have your reasons, but this plan looks really weird (you staying back in Germany and fine with being separate from your spouse). 

All the best

[LifeAbroad 8]

32 minutes ago, Boiler said:

Just a thought when will you want to move, this could take 2 years.

I got info from different sources and they are all different with as long as 2 years like you said and as fast as 1 year so i've been stressed about it. Thank you for your reply btw

[LifeAbroad 8]

23 minutes ago, Zoeeeeeee said:

You can't petition for your husband to move to the US, when you don't live there or plan to live there yourself. The point of the visa is to unify families - not split them apart. Essentially, your husband has no path to living in the US, unless you live there too.

i have plan to move back in a few years since I literally just moved to Germany. My partner is making it difficult and want to move to the US like tomorrow if he could 😑 😔. That's part of the reason why I want to figure out if this has been done.

[LifeAbroad 8]

32 minutes ago, Ontarkie said:

You would have to provide proof of reestablishing domicile. Lying or faking proof that you are could come back to bite you both. 

Entering with zero intentions of living in the US to make it look like you will be moving also would be just that. 

Figure out when you actually want to move and plan for it then.  

If you're worried about it being the middle of the school year, then that is something different. Most of the time the Visa is good for 6 months from the medical. Now it that still doesn't get you to the end of the school year then doing what you said earlier. Entering and then going back to tie things up is totally acceptable and done all the time. This would be months not years to do though. Not the entire time your Husband. 

The only concern i have regarding proof of establishing domicile is school registration/application if it's required when my kid is actually in the middle of the school year and we have to finish the year here in Germany. Then we won't apply for school in America until it's time for the upcoming year (I also have to research on this topic since my kid will start next year). I was thinking this in case they ask oh, where is your kid's school application.

 

I'm also starting a business here and at the early stage I would like to stay behind to get it going. My husband insists on moving. Yea, it's a bit complicated. Thank you for your help  😊.

Edited April 14, 2021 by LifeAbroad

[LifeAbroad 8]

30 minutes ago, Timona said:

I know you have your reasons, but this plan looks really weird (you staying back in Germany and fine with being separate from your spouse). 

All the best

Yes it is weird but my husband and I actually get along much better when we live apart. And also as stated above, i want to start my business here in Germany soon and he keeps pressuring me he wants to move to America. I've only recently moved here for a year and I'm literally so sick of moving. Plus, my daughter speaks no German and I would like for her to finish elementary school before moving back to America.😔

 

Thank you though 🙂!

 

 

Edited April 14, 2021 by LifeAbroad

[Ontarkie 14,518]

9 minutes ago, LifeAbroad said:

The only concern i have regarding proof of establishing domicile is school registration/application if it's required when my kid is actually in the middle of the school year and we have to finish the year here in Germany. Then we won't apply for school in America until it's time for the upcoming year (I also have to research on this topic since my kid will start next year). I was thinking this in case they ask oh, where is your kid's school application.

 

I'm also starting a business here and at the early stage I would like to stay behind to get it going. My husband insists on moving. Yea, it's a bit complicated. Thank you for your help 😊.

It's good you're researching. Tell him to join VJ so he can research too. For registering kids for school. Most of the time the school will not let you until you are actually moved. So they shouldn't ask for school registration, you can move mid year too. Schools are pretty good with enrolling kids mid year. I moved in May 08, the schools in Canada still had nearly two  months to go. The schools here had just a few weeks so they wouldn't register them at that point. Their old school did sent me their final report cards showing the next grade level. They weren't even looked at for the primary levels and the HS kids they just went by what I told them and a transcript to give them credit for he classes they already had. Kids are much more resilient to change then we are. 

Edited April 14, 2021 by Ontarkie

[Paul and Sopheap 91]

1 hour ago, LifeAbroad said:

 

Hello,

 

I have a few questions regardings the GC petition for my husband and would love to get some insight from you all:

 

Some backgrounds about us:

 

I am USC. My husband is German Citizen. We’ve been married for almost 5 years.  We have 1 kid and are expecting another one. We are currently living in Germany. My husband has been wanting to move to the US to work/live and I would like to stay in Germany for now. So here are my questions:

 

1. Is it possible for me to petition for my husband and he can move there, live and work by himself?

 

• I have read on this forum that I must be in the US before or fly together with him otherwise he wouldn’t be able to enter at POE. If this is the case, can I fly there and then back to Germany once he is admitted?

 

• Would there be any issue with immigration for me to stay in Germany and he in USA? Would it affect his naturalization later on if the kids and I stay in Germany the whole time? Of course there will be visits in between.I I am still debating on moving together with my husband but there are some reasons why we want to do this. Also it is in case he is granted the visa while my kid is in middle of the school year and we can’t travel. 

 

2. In case if there’s a joint sponsor - does my joint sponsor have to live in the same state that we/he intend(s) to move to?

 

3. When establishing domicile - I have a bank account that has been there since 2006, driver license, tax. I can get voting registration and records, lease agreement from a friend, his communication with recruiters or future job. Would this be sufficient? 

 

 

4. In case we are using our asset for petition since I am not working at the moment - can we use his German income to petition as well? He can continue working for his German company for a few months once he move to the US and then get a job. This is in case he can’t find a job before moving there.

 

5. Is total asset required to be 3 or 5 times the 125% Poverty Guidelines to petition for spouse?

 

6. How long before he has to move once the immigrant visa is approved? I’ve read and heard from 6, 4 to 2 months? Knowing this would help us plan ahead as well.

 

7. This might be a long shot but has anyone filed from Germany for your spouse? What does the timeline look like right now?

 

Thank you all for your help! 

 

 

1. You either have to wait and live with him until the visa is approved and come together, or return to the US and wait until his green card is approved. There is technically a K3 visa that is supposed to allow pending beneficiaries to wait in the US while the i130 is pending, but it is no longer valid. If you have established domicile, you don't necessarily need to return to the US. I am not knowledgeable about domicile, though. I had to return to the US to file since I had been abroad for so many years living with my wife.

 

2. Joint sponsor can live anywhere as long as they qualify and sign.

 

3. Don't know about this part, someone else will for sure.

 

4/5. I think it has to be US income, but someone else can answer this one more accurately I'm sure.

 

6. Before the visa expires. (I *think* 6 months?) 

 

7. Depends on your case and service center as well. Which USCIS service center are you at? Or are you not sure yet?

 

 

[Paul and Sopheap 91]

But yeah you have to establish domicile because in order for him to live in the US, he needs to be with you. That's what the spouse visa is designed for (hence the domicile requirements). It would not be doable without you living there.