Is it possible for a US citizen to file for spousal visa while a permanent resident for 5 years of an EU country?

[Riava 1]

Hello!
Here is our situation: I (29) am a Slovak citizen, my boyfriend (44) is a US citizen. We met on the internet, and are currently long distance. We would like to meet as soon as possible, and prevent any long separation afterwards. We are considering different options about how to go about it, and trying to figure out which are actually possible, and how they compare as regards their likelihood of unproblematic success, length of necessary separation, cost etc.

 

One possible option: He would come visit me in Slovakia on ETIAS/visa waiver, and during the visit we would get married (in Slovakia). As a spouse of a Slovak citizen, he could be granted permanent residence in Slovakia for 5 years - getting the permit would take up to 3 months (after the application is filed). He would probably have to go back to the US and come back after the permit is issued, because of the processing length (3 months ETIAS - 3 months application processing; and we would file after a month or so in Slovakia). After receiving the residence permit, and either while he was still in the US or after coming to Slovakia the second time, we would file for a spousal visa.

 

However, we are unsure: Is it even possible to file for a spousal visa as a permanent resident of Slovakia?

 

The point of getting the residence permit would be to prevent prolonged separation. We would file as soon as possible after getting the residence permit. He has a history of voting, a driver's license, and a bank account in the US - would that suffice as establishing domicile?

A further complication: he is currently unemployed, has been unemployed last year (so no tax returns), has a spotty history of employment for years, and has limited assets. His mother (90) agreed to cosponsor, but we wonder how her age might affect the viability of the co-sponsorship, especially since we would be filing while resident in Slovakia.

 

Thank you very much for any information!!

[payxibka 10,047]

He will always be a US citizen regardless of the residency status 

[SalishSea 18,177]

6 hours ago, Riava said:

Hello!
Here is our situation: I (29) am a Slovak citizen, my boyfriend (44) is a US citizen. We met on the internet, and are currently long distance. We would like to meet as soon as possible, and prevent any long separation afterwards. We are considering different options about how to go about it, and trying to figure out which are actually possible, and how they compare as regards their likelihood of unproblematic success, length of necessary separation, cost etc.

 

One possible option: He would come visit me in Slovakia on ETIAS/visa waiver, and during the visit we would get married (in Slovakia). As a spouse of a Slovak citizen, he could be granted permanent residence in Slovakia for 5 years - getting the permit would take up to 3 months (after the application is filed). He would probably have to go back to the US and come back after the permit is issued, because of the processing length (3 months ETIAS - 3 months application processing; and we would file after a month or so in Slovakia). After receiving the residence permit, and either while he was still in the US or after coming to Slovakia the second time, we would file for a spousal visa.

 

However, we are unsure: Is it even possible to file for a spousal visa as a permanent resident of Slovakia?

 

The point of getting the residence permit would be to prevent prolonged separation. We would file as soon as possible after getting the residence permit. He has a history of voting, a driver's license, and a bank account in the US - would that suffice as establishing domicile?

A further complication: he is currently unemployed, has been unemployed last year (so no tax returns), has a spotty history of employment for years, and has limited assets. His mother (90) agreed to cosponsor, but we wonder how her age might affect the viability of the co-sponsorship, especially since we would be filing while resident in Slovakia.

 

Thank you very much for any information!!

I would suggest that he try to sort out his employment issues before trying to bring an immigrant to the US......

[Paul and Sopheap 91]

Yes you can  I lived in Cambodia with my wife for the past 6 years. I just came back to the US in January, 2021 because I didn't have any proof of domicile. Other ways you can prove intent of establishing domicile is by closing foreign accounts/getting a job offer/frequently visiting the US, etc.

 

For the joint sponsorship age question, I honestly have no idea if it would matter.

 

Basically though, yes he can petition for you as long as his joint sponsor meets the financial requirements, and that he can prove domicile or intent to establish domicile. I didn't have to attempt to prove intent as I had moved back here already, so others would know more about that than me.

[Paul and Sopheap 91]

Yes you can  I lived in Cambodia with my wife for the past 6 years. I just came back to the US in January, 2021 because I didn't have any proof of domicile. Other ways you can prove intent of establishing domicile is by closing foreign accounts/getting a job offer/frequently visiting the US, etc.

 

For the joint sponsorship age question, I honestly have no idea if it would matter.

 

Basically though, yes he can petition for you as long as his joint sponsor meets the financial requirements, and that he can prove domicile or intent to establish domicile. I didn't have to attempt to prove intent as I had moved back here already, so others would know more about that than me.

 

(Ideally he would have some type of job prospects or something lined up)

[aaron2020 11,651]

He can file an I-130 spousal petition as a permanent resident of Slovakia.

 

For the I-864, he will need proof of a US domicile or the intent to reestablish one.  By getting permanent residency in Slovakia, he will not have a US domicile.  Voting, bank account, driver's license will not be sufficient since he will not be giving any of that up while be a Slovakia permanent resident.  He will need to either move before your interview or get a lease.  

The US Embassy will look at a totality of circumstances in determining whether the Joint Sponsor meets the I-864 criteria.  The petitioner's lack of employment and a 90 years old JS may not be a good combination.

 

 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,143]

10 hours ago, Jorgedig said:

I would suggest that he try to sort out his employment issues before trying to bring an immigrant to the US......

Yes, a 90 year old mother as a joint sponsor is not a good idea.  The public charge decision is taken very seriously.  It's unlikely they will accept such an elderly sponsor, who is unlikely to be alive to fulfill the obligations of the contract.  How is your fiance supporting himself now?

 

[JColo 0]

2 hours ago, pushbrk said:

How is your fiance supporting himself now?

Hello! I am the boyfriend in question. I have been caregiving for my elderly mom for some years and have not been earning an income during that time. I currently live with her and she pays the bills. When my dad got sick just over a decade ago, I moved back home to help out. He died shortly thereafter and I stayed to help my mom. Her health was in rapid decline then also and she wasn't doing well. But thankfully, she improved markedly over some years. Though I hate to say it, I really wasn't expecting her to last this long. But my own life has been slipping away here, and my mom feels pretty guilty about consuming my life. It's time for me to move on. So I've arranged for my older sister to step into my place if I go to Slovakia to be with Riava. Obviously, this situation doesn't look so good for me as a potential sponsor. It makes me look like a deadbeat who is unlikely to be able to fulfill the responsibility of a sponsor. I am prepared to change everything now and move into a different mode of life. I have many skills. And I hope to be earning an income soon. But my recent work history is pretty blank. It's going to be a challenge to get something going, especially in Slovakia.

 

My mom does have significant assets and would have no problem demonstrating that. Her monthly income is fairly low though. And I do stand to inherit something when she passes, but it won't be a lot as she has eight children and so all will be divided eight ways.

 

I'm wondering, given the current circumstances, if bringing Riava to the U.S. to be with me is even a possibility in the near future due to this problem. I know of nobody else who could serve as a joint sponsor. If we were to get married and I were to then apply for five-year residency in Slovakia, move there, and start working (assuming I can get work!), if after a year or two of working there, do you think we would stand a good chance of making it all the way through the spousal visa process if I were to reestablish domicile here just prior to my evaluation as a sponsor?

[aaron2020 11,651]

22 minutes ago, JColo said:

Hello! I am the boyfriend in question. I have been caregiving for my elderly mom for some years and have not been earning an income during that time. I currently live with her and she pays the bills. When my dad got sick just over a decade ago, I moved back home to help out. He died shortly thereafter and I stayed to help my mom. Her health was in rapid decline then also and she wasn't doing well. But thankfully, she improved markedly over some years. Though I hate to say it, I really wasn't expecting her to last this long. But my own life has been slipping away here, and my mom feels pretty guilty about consuming my life. It's time for me to move on. So I've arranged for my older sister to step into my place if I go to Slovakia to be with Riava. Obviously, this situation doesn't look so good for me as a potential sponsor. It makes me look like a deadbeat who is unlikely to be able to fulfill the responsibility of a sponsor. I am prepared to change everything now and move into a different mode of life. I have many skills. And I hope to be earning an income soon. But my recent work history is pretty blank. It's going to be a challenge to get something going, especially in Slovakia.

 

My mom does have significant assets and would have no problem demonstrating that. Her monthly income is fairly low though. And I do stand to inherit something when she passes, but it won't be a lot as she has eight children and so all will be divided eight ways.

 

I'm wondering, given the current circumstances, if bringing Riava to the U.S. to be with me is even a possibility in the near future due to this problem. I know of nobody else who could serve as a joint sponsor. If we were to get married and I were to then apply for five-year residency in Slovakia, move there, and start working (assuming I can get work!), if after a year or two of working there, do you think we would stand a good chance of making it all the way through the spousal visa process if I were to reestablish domicile here just prior to my evaluation as a sponsor?

No, you have zero chances of making it all the way through the spousal visa process if you were to reestablish domicile just prior to your evaluation as a sponsor.  Your foreign income will not count for the I-864.  For the I-864, you need to show a good income/assets over a period of time - i.e. income tax returns for the last 3 years.  It's not just showing up in the US when the I-864 is evaluated.  

Your mother has 8 children, so couldn't one of your 7 siblings help you out by being a Joint Sponsor?

I applaud you for taking care of your parents.  However, none of that is relevant for the spousal visa.  Furthermore, there's no guarantee that you will inherit anything.  Future income or future inheritances do not count for the I-864.

You need to show a good income that will continue after your future wife immigrates or you need a good Joint Sponsor.  

Best of luck.

Edited April 18, 2021 by aaron2020

[JColo 0]

29 minutes ago, aaron2020 said:

Your mother has 8 children, so couldn't one of your 7 siblings help you out by being a Joint Sponsor?

Thanks for your help! The situation with every one of my siblings would be problematic, I think, in different ways in each case. For one thing, most of them are retired. I am the youngest of eight, and there is a big spread between me and most of my siblings. 

 

So, it would seem from what you are saying that the only options are for me to move permanently to Slovakia and never come back with Riava to the U.S. or for me to stay here and establish a work history for 3 years at least. Is that right? I was somehow under the impression that they look at the previous year's tax returns. But 3 years? We aren't getting any younger. And if I had a steady job, I doubt my employer would let me travel much to Slovakia for visits, nor would her employer likely allow her to travel here.

 

How would it look to them when applying for a spousal visa if I were to establish an income through online freelance work, assuming I were to successfully develop a steady stream? If I were to do that, I could do the same work either in the U.S. or in Slovakia. Suppose I were to live in Slovakia while doing that for several years and could show that I would have the same income stream in the U.S. Would that work?

 

Thank you so much!

[aaron2020 11,651]

18 minutes ago, JColo said:

Thanks for your help! The situation with every one of my siblings would be problematic, I think, in different ways in each case. For one thing, most of them are retired. I am the youngest of eight, and there is a big spread between me and most of my siblings. 

 

So, it would seem from what you are saying that the only options are for me to move permanently to Slovakia and never come back with Riava to the U.S. or for me to stay here and establish a work history for 3 years at least. Is that right? I was somehow under the impression that they look at the previous year's tax returns. But 3 years? We aren't getting any younger. And if I had a steady job, I doubt my employer would let me travel much to Slovakia for visits, nor would her employer likely allow her to travel here.

 

How would it look to them when applying for a spousal visa if I were to establish an income through online freelance work, assuming I were to successfully develop a steady stream? If I were to do that, I could do the same work either in the U.S. or in Slovakia. Suppose I were to live in Slovakia while doing that for several years and could show that I would have the same income stream in the U.S. Would that work?

 

Thank you so much!

Your siblings can use their assets to be the Joint Sponsor.

 

The I-864 requires you to list your income from your last 3 tax returns.  You need to provide a copy of the latest return or a tax transcript.

NO WHERE DID I SAY THAT YOUR ONLY OPTIONS are to move permanently to Slovakia or establish a work history for 3 years.  One of your siblings being a JS is another option.  

 

You could do the online freelance thing, but you will need to show a tax return for a year of self-employment.

 

Go to Slovakia and meet.  Then consider your options . . . which includes asking one of your siblings for help.  

[Nitas_man 3,100]

On 4/17/2021 at 3:18 AM, Riava said:

Hello!
Here is our situation: I (29) am a Slovak citizen, my boyfriend (44) is a US citizen. We met on the internet, and are currently long distance. We would like to meet as soon as possible, and prevent any long separation afterwards. We are considering different options about how to go about it, and trying to figure out which are actually possible, and how they compare as regards their likelihood of unproblematic success, length of necessary separation, cost etc.

 

One possible option: He would come visit me in Slovakia on ETIAS/visa waiver, and during the visit we would get married (in Slovakia). As a spouse of a Slovak citizen, he could be granted permanent residence in Slovakia for 5 years - getting the permit would take up to 3 months (after the application is filed). He would probably have to go back to the US and come back after the permit is issued, because of the processing length (3 months ETIAS - 3 months application processing; and we would file after a month or so in Slovakia). After receiving the residence permit, and either while he was still in the US or after coming to Slovakia the second time, we would file for a spousal visa.

 

However, we are unsure: Is it even possible to file for a spousal visa as a permanent resident of Slovakia?

 

The point of getting the residence permit would be to prevent prolonged separation. We would file as soon as possible after getting the residence permit. He has a history of voting, a driver's license, and a bank account in the US - would that suffice as establishing domicile?

A further complication: he is currently unemployed, has been unemployed last year (so no tax returns), has a spotty history of employment for years, and has limited assets. His mother (90) agreed to cosponsor, but we wonder how her age might affect the viability of the co-sponsorship, especially since we would be filing while resident in Slovakia.

 

Thank you very much for any information!!

Very possible, assuming he can overcome the requirements for the support affidavit (or) maintain his job in the US while living overseas.

It’s the same process for any other couple.

Edited April 18, 2021 by Nitas_man

[pushbrk 13,143]

Agree the issue is sponsorship.  There are a number of possible solutions including sibling assets.  If dead set on spending a few years together in Slovakia, then why not just stay there?  The couple hasn't met in person yet, much less married.  Take it a step at a time, then make further decisions based on the options available at THAT present time.

[Alex Prijn 29]

On 4/18/2021 at 7:57 AM, JColo said:

Thanks for your help! The situation with every one of my siblings would be problematic, I think, in different ways in each case. For one thing, most of them are retired. I am the youngest of eight, and there is a big spread between me and most of my siblings. 

 

So, it would seem from what you are saying that the only options are for me to move permanently to Slovakia and never come back with Riava to the U.S. or for me to stay here and establish a work history for 3 years at least. Is that right? I was somehow under the impression that they look at the previous year's tax returns. But 3 years? We aren't getting any younger. And if I had a steady job, I doubt my employer would let me travel much to Slovakia for visits, nor would her employer likely allow her to travel here.

 

How would it look to them when applying for a spousal visa if I were to establish an income through online freelance work, assuming I were to successfully develop a steady stream? If I were to do that, I could do the same work either in the U.S. or in Slovakia. Suppose I were to live in Slovakia while doing that for several years and could show that I would have the same income stream in the U.S. Would that work?

 

Thank you so much!

If the beneficiary has an income that can continue when in the States, that could help overcome the Affidavit of Support as well, as it can be counted towards the household income. My wife lived with me in the Netherlands for almost 6 years, she moved back in November to help her parents who are getting older and sicker. She is not employed because of this, but I am. I work in IT, and will continue working for the same company in the States. This allows us to use my own income.