Potential issues working remote while visiting spouse?

[mcmuffins05 0]

First off just want to say that this community is wonderful. I learned so much more than what I expected to. 

 

For context, I physically met my girlfriend (soon-to-be-spouse) in Argentina (I'm a US citizen) about a month ago and now we're looking at the next steps for bringing her into the US. We were considering k-1 visa for a while but after reading into forums and speaking to an immigration agent, we believe that CR-1 would be the better move since they'll both take about the same amount of processing time. Plus she would be able to work as soon as she arrives to the US. 

 

Now here's my question. I'm currently searching for a remote job in the US (I'm a software developer) that would allow me to travel and visit my girlfriend every so often while we wait for the files to process. Could this later be an issue? I'm not sure if I'll have to be asked to prove that I'm domicile. I could get proof of US taxes, bank statements, and letter from my parents that we would be living with them once she arrives until we find an apartment. 

 

Some other questions I have on my mind: 

Do I need to be making over the minimum poverty guideline for the past 3 years or just the current year? I was in college 2 years ago not making much income.

Can I marry my girlfriend and submit form I-130 even though I haven't secured the job? I'm pretty certain I'd be able to find employment within 3 months max. 

We plan on marrying in Argentina, then having the religious/spiritual ceremony after a year. Not sure if this should all be done after green card is obtained? I wanted to submit as soon as we legally marry.  

 

Any other advice is greatly appreciated! Thanks!

 

Edited February 23, 2022 by mcmuffins05

[SalishSea 17,835]

11 minutes ago, Rocio0010 said:

I believe no, because you have to submit the I-864 affidavit of support.

That is much later in the process.

[Rocio0010 5,579]

5 minutes ago, Jorgedig said:

That is much later in the process.

I know. Just wanted to see if you were paying attention. I gotcha! 😹😹

[SteveInBostonI130 3,459]

1 hour ago, mcmuffins05 said:

We were considering k-1 visa for a while but after reading into forums and speaking to an immigration agent, we believe that CR-1 would be the better move since they'll both take about the same amount of processing time. Plus she would be able to work as soon as she arrives to the US.

 

+1000 for this, good job! 👍

 

1 hour ago, mcmuffins05 said:

Now here's my question. I'm currently searching for a remote job in the US (I'm a software developer) that would allow me to travel and visit my girlfriend every so often while we wait for the files to process. Could this later be an issue? I'm not sure if I'll have to be asked to prove that I'm domicile. I could get proof of US taxes, bank statements, and letter from my parents that we would be living with them once she arrives until we find an apartment. 

 

Some other questions I have on my mind: 

Do I need to be making over the minimum poverty guideline for the past 3 years or just the current year? I was in college 2 years ago not making much income.

Can I marry my girlfriend and submit form I-130 even though I haven't secured the job? I'm pretty certain I'd be able to find employment within 3 months max. 

We plan on marrying in Argentina, then having the religious/spiritual ceremony after a year. Not sure if this should all be done after green card is obtained? I wanted to submit as soon as we legally marry. 

 

In the order of your questions:

• No, it should not be an issue.  Make sure to keep paying taxes and present records of your ties to the US.
• Just the current income at the time you file the I-864.  It is not what you made in the previous tax return transcript, but your salary at the time you fill out the form.  The CO at the embassy may require a joint sponsor if that salary is above the 125% poverty limit but only barely so.  That limit is the minimum needed in order to be considered - it is not an automatic acceptance.
• Yes.
• You need to be married first in order to file the I-130, so the "marrying in Argentina" will be required before your spouse can get a greencard.  The religious ceremony is whenever you want to do it.  It has no impact to immigration, other than helping to provide more bona fide relationship evidence for the interview. 

[mcmuffins05 0]

31 minutes ago, SteveInBostonI130 said:

 

+1000 for this, good job! 👍

 

 

In the order of your questions:

• No, it should not be an issue.  Make sure to keep paying taxes and present records of your ties to the US.
• Just the current income at the time you file the I-864.  It is not what you made in the previous tax return transcript, but your salary at the time you fill out the form.  The CO at the embassy may require a joint sponsor if that salary is above the 125% poverty limit but only barely so.  That limit is the minimum needed in order to be considered - it is not an automatic acceptance.
• Yes.
• You need to be married first in order to file the I-130, so the "marrying in Argentina" will be required before your spouse can get a greencard.  The religious ceremony is whenever you want to do it.  It has no impact to immigration, other than helping to provide more bona fide relationship evidence for the interview. 

Thank you so much for the information! 

[pushbrk 12,894]

7 hours ago, Rocio0010 said:

Hi there! 

 

I believe no, because you have to submit the I-864 affidavit of support.

 

The above is incorrect.  The I-864 is not submitted with the I-130.  No need to wait for a job to file the I-130 to start the process.  Financial issues are dealt with several months to a year later during the NVC stage.

 

Further advice.  Limiting your "help" to members of a group specific to one country is a bad idea.  Sure, join a group, but you'll limit your pool of expert help if you don't ask your important questions here, and leave the other group to country specific information.  One of those members has already steered you very wrong as demonstrated above.

[Rocio0010 5,579]

2 minutes ago, pushbrk said:

The above is incorrect.  The I-864 is not submitted with the I-130.  No need to wait for a job to file the I-130 to start the process.  Financial issues are dealt with several months to a year later during the NVC stage.

 

Further advice.  Limiting your "help" to members of a group specific to one country is a bad idea.  Sure, join a group, but you'll limit your pool of expert help if you don't ask your important questions here, and leave the other group to country specific information.  One of those members has already steered you very wrong as demonstrated above.

I completely agree with you about not limiting the answers. However, I used the word “I believe”, which surely should prompt OP to reach out to more knowledgeable people.

[pushbrk 12,894]

1 minute ago, Rocio0010 said:

I completely agree with you about not limiting the answers. However, I used the word “I believe”, which surely should prompt OP to reach out to more knowledgeable people.

Golden rule here is "Know before you advise."

[Rocio0010 5,579]

33 minutes ago, pushbrk said:

Golden rule here is "Know before you advise."

I obviously knew I was wrong. Was just trying to see if you were paying attention!😹😹😹

[mcmuffins05 0]

4 hours ago, pushbrk said:

The above is incorrect.  The I-864 is not submitted with the I-130.  No need to wait for a job to file the I-130 to start the process.  Financial issues are dealt with several months to a year later during the NVC stage.

 

Further advice.  Limiting your "help" to members of a group specific to one country is a bad idea.  Sure, join a group, but you'll limit your pool of expert help if you don't ask your important questions here, and leave the other group to country specific information.  One of those members has already steered you very wrong as demonstrated above.

I appreciate the information! With that said, I'm capable of doing my due diligence when given "help." Thanks.

[Sarah&Facundo 595]

I'm the US citizen and I had a remote job from the US and my now-husband is Argentinian. I was in Argentina constantly while waiting throughout our process, often staying pretty close to 90 days and then returning home, then doing it again a few weeks later. We had applied for the K1, which in retrospect was stupid of us because we were together so much that we should have just done the CR1. I was also in Argentina when the interview was scheduled and we attended it in Buenos Aires together.

 

We were allowed in together and it was only in our favor that we spent so much time together. The officer did ask me about my income and if it would continue, even upon moving back to the US. I had moved out of my apartment during the process since I was almost never there, but I had listed domicile at my parent's house, maintained my bank accounts, paid taxes, etc. 

 

As for income and having to show the last three years, you are so far away from having to show anything that I wouldn't even worry about your income from a few years ago. You will definitely have filed 2022 taxes and by the time you interview, possibly even 2023 taxes. 

 

Also, Argentina separates the civil from the religious ceremony anyway. So you only need to complete the civil to qualify. You can do the religious one whenever you want to, if at all.

Edited February 24, 2022 by Sarah&Facundo

[pushbrk 12,894]

3 hours ago, mcmuffins05 said:

I appreciate the information! With that said, I'm capable of doing my due diligence when given "help." Thanks.

Just "helping" with your due diligence.😉