Various questions about immigrating on IR1 Visa

[fff38455 0]

Hello,
Sorry in advance for the newbie questions. I would like to explain my situation.
My husband left the U.S. to live with me in my home country in the EU nearly 20 years. We got married in my country shortly after he moved to me. We have lived together here ever since. He holds a dual citizenship (his U.S. citizenship plus citizenship of my country) for many years. We are now thinking about moving to the United States. My questions are:

1. Based on the information I just provided, is IR1 (form I-130) the most appropriate Visa for me to apply for?

2. Since my husband has been living with me in my country for many years, he does not have a home address in USA for many years, but we have a friend in the United States who owns a house we can live in as soon as we move. Would this in any way be a detriment when it comes to my chances of getting a Visa?

If not, can we apply while we are still both living in my country, or must my husband move to that address in the U.S. first, leave me here alone and then we apply?

3. My husband is retired and does not earn enough retirement to meet the minimum income to sponsor me. He is hoping to go back to work once in USA, but at the time I would be applying for the Visa he is only living on his retirement payments which are not enough. The friend I mentioned in question 2 earns a lot of money and has agreed to be my sponsor. Does having a sponsor other than your American spouse in any way decrease the chances of being awarded a Visa?

4. I am on permanent disability in my home country. Does this in any way lessen the chances for my Visa application to not be granted? Also, a little off topic but I still thought I'd ask: does my disability somehow affect chances of later turning the Visa into a Green Card?

5. Just generally wondering, based on what I have mentioned above, is there anything that could cause my Visa request to not be granted, as long as I provide all the necessary information and documents that are expected and required during the application, and of course do not make any mistakes when I apply? In my case, does it sound as if hiring an immigration lawyer to assist would be a wise decision or is it unnecessary? We have been married since 2003, have lived together the whole time and we have all necessary documentation to back everything up.

 

Sorry if these questions are dumb but I would so much appreciate any tips and info.

[acidonyx 3]

We went through a similar process recently so I can share what I know regarding some of your questions.

 

First of all keep in mind that IR1 Visa will grant you the Green Card Immediately upon getting admitted to US, no need to turn it into GC lately.

 

Now regarding your questions:

 

1) Yes, your husband fills up the i-130 petition to get you an IR1, it is the only way to move forward with US husband petitioner.

 

2) The most challenging part of your case will be proving that your husband is in fact intends to reestablish the US Domicile. Having US lease agreement and job offer from US company will help a lot, but there are many other things you can do too. Here is a good online article on this topic - https://citizenpath.com/reestablish-us-domicile-filing-form-i-864/ . As long as you will have the sufficient documentation to convince the CO that your husband will admit to US at the same time as you, there is no need for him to move there earlier. On other hand, if you fail to provide sufficient documentation, it might result in the requirement for your husband to move there first and establish the domicile prior continuing with your case.

 

3) You can use additional sponsors to reach the income requirements, just make sure your co-sponsor will have his taxes in order and can provide you with his tax return information, preferably for the past 3 years. Having additional sponsor will not decrease your chances, it is quite common to have one, especially when a spose living abroad with you.

 

4) This is where I don't have any information. I just know that the sole reason for getting a sponsor is to guarantee you will not become a public charge, I am not sure if having a disability will put you into relevant category or not, you should research this thoroughly or ask an attorney (AVVO is a great free forum to pick attorneys brains).

 

5) The challenging parts of your case that you have to pay close attention are: Re-establishing US domicile, situation with disability (not 100% sure about this one). Also, you have to make sure your husband files his taxes with US IRS for the past 20 years - it is required by law.

 

If you think you can go through instructions yourself (such as i-864 instructions, i-130 instructions etc) then you might do it on your own, but I would still advise to get a lawyer if you are unsure, since even a minor error can result in unwanted delays or worse.

 

I am sure someone else more knowledgeable on this forum will chime in with more info soon

 

Good luck to you!

[JeanneAdil 6,510]

3.  if he hasn't filed taxes (as not needed for many who are retired),  he can file form 4506-T to get  a letter from IRS for non filing

4.  an attorney probably would not be able to do more than u can do

u need to research cost of health care insurance in the state U will live in and know the cost or find out if he can add u to his health care from his retirement (company controls this)

if u do use a lawyer understand mistakes on the form are your responsibility and attorney offices make mistakes,  so don't sign a petition until u know all info is correct especially as u would be using a US attorney from afar (perhaps thru emails)

 

depending on the country there is a possibility of DFC at the embassy

 

 

 

[fff38455 0]

23 hours ago, acidonyx said:

We went through a similar process recently so I can share what I know regarding some of your questions.

 

First of all keep in mind that IR1 Visa will grant you the Green Card Immediately upon getting admitted to US, no need to turn it into GC lately.

 

Now regarding your questions:

 

1) Yes, your husband fills up the i-130 petition to get you an IR1, it is the only way to move forward with US husband petitioner.

 

2) The most challenging part of your case will be proving that your husband is in fact intends to reestablish the US Domicile. Having US lease agreement and job offer from US company will help a lot, but there are many other things you can do too. Here is a good online article on this topic - https://citizenpath.com/reestablish-us-domicile-filing-form-i-864/ . As long as you will have the sufficient documentation to convince the CO that your husband will admit to US at the same time as you, there is no need for him to move there earlier. On other hand, if you fail to provide sufficient documentation, it might result in the requirement for your husband to move there first and establish the domicile prior continuing with your case.

 

3) You can use additional sponsors to reach the income requirements, just make sure your co-sponsor will have his taxes in order and can provide you with his tax return information, preferably for the past 3 years. Having additional sponsor will not decrease your chances, it is quite common to have one, especially when a spose living abroad with you.

 

4) This is where I don't have any information. I just know that the sole reason for getting a sponsor is to guarantee you will not become a public charge, I am not sure if having a disability will put you into relevant category or not, you should research this thoroughly or ask an attorney (AVVO is a great free forum to pick attorneys brains).

 

5) The challenging parts of your case that you have to pay close attention are: Re-establishing US domicile, situation with disability (not 100% sure about this one). Also, you have to make sure your husband files his taxes with US IRS for the past 20 years - it is required by law.

 

If you think you can go through instructions yourself (such as i-864 instructions, i-130 instructions etc) then you might do it on your own, but I would still advise to get a lawyer if you are unsure, since even a minor error can result in unwanted delays or worse.

 

I am sure someone else more knowledgeable on this forum will chime in with more info soon

 

Good luck to you!

 

17 hours ago, JeanneAdil said:

3.  if he hasn't filed taxes (as not needed for many who are retired),  he can file form 4506-T to get  a letter from IRS for non filing

4.  an attorney probably would not be able to do more than u can do

u need to research cost of health care insurance in the state U will live in and know the cost or find out if he can add u to his health care from his retirement (company controls this)

if u do use a lawyer understand mistakes on the form are your responsibility and attorney offices make mistakes,  so don't sign a petition until u know all info is correct especially as u would be using a US attorney from afar (perhaps thru emails)

 

depending on the country there is a possibility of DFC at the embassy

 

 

 

Hi and thanks to the both of you for your replies! I have a little bit to go by now, but I'm still trying to figure out exactly how all this works when it comes to sponsors etc and I still have some more questions but I feel perhaps they would be better to ask an attorney. I will check out that forum AVVO.

If you, or someone else in here, think of something else to add that might be helpful for me to know, feel free to add more comments. I will continue to check back!

[Redro 4,611]

6 minutes ago, fff38455 said:

 

Hi and thanks to the both of you for your replies! I have a little bit to go by now, but I'm still trying to figure out exactly how all this works when it comes to sponsors etc and I still have some more questions but I feel perhaps they would be better to ask an attorney. I will check out that forum AVVO.

If you, or someone else in here, think of something else to add that might be helpful for me to know, feel free to add more comments. I will continue to check back!

Getting the IR1 visa takes TIME... Right now, you can start by filing the I-130. 

 

The sponsorship issues and re-establishing domicile can be researched while you wait for the I-130 approval (this can take between 3 months to a year!). 

As your husband does not live in the US, he should read up on the citizenpath link @acidonyx posted.

There are some steps he can take now to re-establish his domicile back in the USA before you have to file the I-864. 

Both your husband and your friend will have to file their own I-864.

ALSO

Make sure your friend back in the USA is aware of what the I-864 entails and have a Plan B in place in case they realize they are uncomfortable with signing an Affidavit of Support. 

 

[pushbrk 12,894]

2 hours ago, fff38455 said:

 

Hi and thanks to the both of you for your replies! I have a little bit to go by now, but I'm still trying to figure out exactly how all this works when it comes to sponsors etc and I still have some more questions but I feel perhaps they would be better to ask an attorney. I will check out that forum AVVO.

If you, or someone else in here, think of something else to add that might be helpful for me to know, feel free to add more comments. I will continue to check back!

It's important for you to understand that this is the US Citizen's process to manage, and it will be more efficient if HE is taking the lead.  This is because much of the terminology and concepts will be easier for HIM to understand, as they are US regulations, laws, and concepts.  We always worry, when it is the foreigner alone, asking questions.

[Redro 4,611]

1 hour ago, pushbrk said:

It's important for you to understand that this is the US Citizen's process to manage, and it will be more efficient if HE is taking the lead.  This is because much of the terminology and concepts will be easier for HIM to understand, as they are US regulations, laws, and concepts.  We always worry, when it is the foreigner alone, asking questions.

Fully agree! 

Before we filled out our i-130, I was on the forum trying to understand the process...

When it came to completing the paperwork my USC husband didn't need anything explained to him. I was ready to tell him... but he understood how to read and answer the questions. 

My husband is aware I'm here on the forum, but knows it's because I'm a social creature and like to crowd source for info about the process. 

 

Edited November 14, 2021 by Kor2USA

[fff38455 0]

On 11/14/2021 at 10:38 AM, Kor2USA said:

Getting the IR1 visa takes TIME... Right now, you can start by filing the I-130. 

 

The sponsorship issues and re-establishing domicile can be researched while you wait for the I-130 approval (this can take between 3 months to a year!). 

As your husband does not live in the US, he should read up on the citizenpath link @acidonyx posted.

There are some steps he can take now to re-establish his domicile back in the USA before you have to file the I-864. 

Both your husband and your friend will have to file their own I-864.

ALSO

Make sure your friend back in the USA is aware of what the I-864 entails and have a Plan B in place in case they realize they are uncomfortable with signing an Affidavit of Support. 

 

We did read the link but most of that stuff doesn't really apply to my husband. He already holds a U.S. bank account and have been for several years as his former U.S. employee retirement won't deposit his payments to foreign bank accounts, so a U.S. bank account was necessary. There is a small amount of money in that account, about 20,000 dollars. I suppose we could transfer more if that would be of any help. We have joined savings that totals approx. 220,000 dollars and would have more if we were to sell out possessions just before moving. Perhaps these savings would be of help when it comes to proving we have sufficient finances to immigrate? We could either show proof in form of bank statements from our bank accounts over here.

Regarding our U.S. friend who is willing to be a sponsor. He is well aware of the commitment. We have known him for many many years and it is our absolutely closest friends and he wants to help in every way. He has a very good retirement, but one concern I have is his age. He is 68 years old. In perfectly good health, but as I am only in my early 40s, I am worried that the U.S. government might look at it as "what happens when this sponsor ultimately passes, who will then offer support?".

The friend has, besides agreeing to be a sponsor, also said he is willing to make me the sole beneficiary in his will and I would inherit all his savings, possessions and home if he would be to pass. Does this help my chances any at all?

What could a plan b consist of?

 

On 11/14/2021 at 12:33 PM, pushbrk said:

It's important for you to understand that this is the US Citizen's process to manage, and it will be more efficient if HE is taking the lead.  This is because much of the terminology and concepts will be easier for HIM to understand, as they are US regulations, laws, and concepts.  We always worry, when it is the foreigner alone, asking questions.

I understand. He is just not much into computers and forums and stuff. Much of these posts I am typing but we are sitting in front of the screen together and he does see all the answers you guys are offering. But I understand when we proceed with applications and discussions with lawyers etc, he should take the lead.

 

I wrote a question on the AVVO forum but the lawyers who answered just wrote short oneliners. One basically said for foreigners married to U.S. citizens, the chances of immigrating are good. The other one said my legal situation is complex and it would need to be discussed with a lawyer.

 

I am considering discussing my case with a lawyer before going further. Do you know if there are any good immigration lawyers who might be willing to offer a FREE consultation where they basically listen in on the situation of my spouse and I, hear all the facts and concerns, and then just give us their professional opinion what the odds are of this being possible and what would possibly be considered a hurdle, and whether they think it's worth to proceed with? Would they give me a fair opinion before taking my case, or will they likely just say it probably will work out just to take my money for their services even if they know we probably will not meet the requirements and our request will be rejected?

Would any of them do this type of consultation free of charge, so we know if it's even any point in proceeding? If so, where can I find a lawyer like that? The consultation would have to be either over the phone, through e-mails or video call, as we are not presently in the United States like I explained. It should be an attorney who deals specifically with immigration cases, I think. Any suggestions on this appreciated.

[Redro 4,611]

1 minute ago, fff38455 said:

We did read the link but most of that stuff doesn't really apply to my husband. He already holds a U.S. bank account and have been for several years as his former U.S. employee retirement won't deposit his payments to foreign bank accounts, so a U.S. bank account was necessary. There is a small amount of money in that account, about 20,000 dollars. I suppose we could transfer more if that would be of any help. We have joined savings that totals approx. 220,000 dollars and would have more if we were to sell out possessions just before moving. Perhaps these savings would be of help when it comes to proving we have sufficient finances to immigrate? We could either show proof in form of bank statements from our bank accounts over here.

Regarding our U.S. friend who is willing to be a sponsor. He is well aware of the commitment. We have known him for many many years and it is our absolutely closest friends and he wants to help in every way. He has a very good retirement, but one concern I have is his age. He is 68 years old. In perfectly good health, but as I am only in my early 40s, I am worried that the U.S. government might look at it as "what happens when this sponsor ultimately passes, who will then offer support?".

The friend has, besides agreeing to be a sponsor, also said he is willing to make me the sole beneficiary in his will and I would inherit all his savings, possessions and home if he would be to pass. Does this help my chances any at all?

What could a plan b consist of?

 

I understand. He is just not much into computers and forums and stuff. Much of these posts I am typing but we are sitting in front of the screen together and he does see all the answers you guys are offering. But I understand when we proceed with applications and discussions with lawyers etc, he should take the lead.

 

I wrote a question on the AVVO forum but the lawyers who answered just wrote short oneliners. One basically said for foreigners married to U.S. citizens, the chances of immigrating are good. The other one said my legal situation is complex and it would need to be discussed with a lawyer.

 

I am considering discussing my case with a lawyer before going further. Do you know if there are any good immigration lawyers who might be willing to offer a FREE consultation where they basically listen in on the situation of my spouse and I, hear all the facts and concerns, and then just give us their professional opinion what the odds are of this being possible and what would possibly be considered a hurdle, and whether they think it's worth to proceed with? Would they give me a fair opinion before taking my case, or will they likely just say it probably will work out just to take my money for their services even if they know we probably will not meet the requirements and our request will be rejected?

Would any of them do this type of consultation free of charge, so we know if it's even any point in proceeding? If so, where can I find a lawyer like that? The consultation would have to be either over the phone, through e-mails or video call, as we are not presently in the United States like I explained. It should be an attorney who deals specifically with immigration cases, I think. Any suggestions on this appreciated.

The link is just a guideline. If your husband still has strong ties to the States that's great! 

 

As he already has a US bank account, you can start transferring money to the U.S. This is one of the suggested steps you towards re-establishing domicile.

Signing a lease with your friend is another step. He can also change the address associated with his bank account to your friend's home.  And then your husband should write a statement outlining all the steps he has taken towards re-establishing domicile. Does your husband still have a US driver's license? If he does that is another piece of evidence you can use. 

 

You should be able to use assets. Do a search on the forum and you'll see some success stories. No job/ income in the US but over 3X poverty limit for your household. The money can be in the US or in your country. You'll just need to show the ability to transfer the money to the States within a year. 

[TBoneTX 45,304]

Rather than take your chance with lawyers (some of whom have an ulterior motive), talk with a reputable visa-assistance firm, such as:

https://www.visajourney.com/partners/platinum-immigration-services/

 

I have no conflict of interest in making this recommendation.

[fff38455 0]

21 hours ago, Kor2USA said:

The link is just a guideline. If your husband still has strong ties to the States that's great! 

 

As he already has a US bank account, you can start transferring money to the U.S. This is one of the suggested steps you towards re-establishing domicile.

Signing a lease with your friend is another step. He can also change the address associated with his bank account to your friend's home.  And then your husband should write a statement outlining all the steps he has taken towards re-establishing domicile. Does your husband still have a US driver's license? If he does that is another piece of evidence you can use. 

 

You should be able to use assets. Do a search on the forum and you'll see some success stories. No job/ income in the US but over 3X poverty limit for your household. The money can be in the US or in your country. You'll just need to show the ability to transfer the money to the States within a year. 

Thank you so much for all your help and suggestions, we really appreciate it!

Moving money to the U.S. is no difficulties, but moving it back (in case my Visa is denied), especially large sums, can be a hassle due to certain laws in my country. Therefore, preferably we would like to wait moving any assets to the U.S. until we know if we will be able to move. Unless this decreases our chances. If moving them prior to moving could be to our advantage, we would prefer to at least get some reassurance about how likely my Visa would be granted, from someone who has a lots of legal experience in immigration cases and also a good reputation, to feel comfortable about moving all our savings. By the way - how would we prove that we will be able to move them within a year? A wire transfer can be done in a few minutes at the bank but not sure how to "prove" this?

Unfortunately his driver's license is expired since several years. I believed he renewed it once since he moved here, during one of our U.S. trips, but then stopped renewing it because at the time we did not think we would ever go back permanently to the U.S. If we were to move back naturally he would get a new driver's license but at the moment his old one is expired. He only has his U.S. passport (and a passport of the country we live in now), his social security card and a U.S. ID card.

 

3 hours ago, TBoneTX said:

Rather than take your chance with lawyers (some of whom have an ulterior motive), talk with a reputable visa-assistance firm, such as:

https://www.visajourney.com/partners/platinum-immigration-services/

 

I have no conflict of interest in making this recommendation.

Thank you for the suggestion. We went to the link you posted but there is no contact information or links. How do we contact them?

 

Edited November 16, 2021 by fff38455

[Redro 4,611]

1 hour ago, fff38455 said:

Thank you so much for all your help and suggestions, we really appreciate it!

Moving money to the U.S. is no difficulties, but moving it back (in case my Visa is denied), especially large sums, can be a hassle due to certain laws in my country. Therefore, preferably we would like to wait moving any assets to the U.S. until we know if we will be able to move. Unless this decreases our chances. If moving them prior to moving could be to our advantage, we would prefer to at least get some reassurance about how likely my Visa would be granted, from someone who has a lots of legal experience in immigration cases and also a good reputation, to feel comfortable about moving all our savings. By the way - how would we prove that we will be able to move them within a year? A wire transfer can be done in a few minutes at the bank but not sure how to "prove" this? Here in Korea, you can only move USD $50 000  (this is under the X3 125% poverty guideline) a year via internet banking. Anything more needs to be done at a Korean bank. So, the embassy is well aware if all our assets are in Korea we would only be able to transfer that amount. And going to the bank in Korea would be pretty tricky while we are living in the USA.

Unfortunately his driver's license is expired since several years. I believed he renewed it once since he moved here, during one of our U.S. trips, but then stopped renewing it because at the time we did not think we would ever go back permanently to the U.S. If we were to move back naturally he would get a new driver's license but at the moment his old one is expired. He only has his U.S. passport (and a passport of the country we live in now), his social security card and a U.S. ID card.

 

Thank you for the suggestion. We went to the link you posted but there is no contact information or links. How do we contact them?

 

Click on the "Click here to learn more" green button and it will take you to website with all the contact details. 

 

With your hesitancy to re-establish domicile (which I understand) I think you could do with some outside assistance. 

I would also have a look around the forums to see how difficult the embassy in your country can be about domicile.

 

 

 

[fff38455 0]

23 hours ago, Kor2USA said:

Click on the "Click here to learn more" green button and it will take you to website with all the contact details. 

 

With your hesitancy to re-establish domicile (which I understand) I think you could do with some outside assistance. 

I would also have a look around the forums to see how difficult the embassy in your country can be about domicile.

 

 

 

Thank you! But I cannot seem to find that link. Maybe I'm dumb but I cannot see it anywhere. I'm accessing the page from a computer and not a phone, if that makes any difference.
EDIT: Found it! It was a green button but very small and had no text in it on my screen. But I got it now. Thanks

Edited November 17, 2021 by fff38455