Can i Living outside the us while waiting for my husband cr1 visa interview ?

[laurawinner 0]

Hello everyone . My husbnd and I are planning to live in his home country while we wait for his cr1 visa process ( we didn't apply yet ) 

We already are married thru utah state zoom marriage .

I wanna go back with him to america when he gets his visa . i just wanna be with him rn.

Is me living outside the us with him is gonna affect the process in anyway ? 

Did anybody went thru similar situation ? 

What should we take under consideration if we gonna do that ? 

Any advice ? 

Edited June 5, 2022 by laurawinner

[Rocio0010 5,579]

16 minutes ago, laurawinner said:

Is me living outside the us with him is gonna affect the process in anyway ? 

Not really. Tons of people do it that way.

However, you should start working on your intent to establish domicile here (such as for example open bank accounts, start looking for a place to live, etc etc).

Also, plan on either you coming first or both of you arriving together. He should not come without you.

[laurawinner 0]

22 minutes ago, Rocio0010 said:

Not really. Tons of people do it that way.

However, you should start working on your intent to establish domicile here (such as for example open bank accounts, start looking for a place to live, etc etc).

Also, plan on either you coming first or both of you arriving together. He should not come without you.

Thank u for ur reply

Can u elaborate more on these parts please 

1 = you should start working on your intent to establish domicile here (such as for example open bank accounts, start looking for a place to live, etc etc).

2 = plan on either you coming first or both of you arriving together. He should not come without you.

Edited June 5, 2022 by laurawinner

[Troy B 223]

#1 depends on where you husband is located.

 

#2 means he cannot come to the USA if you are not in the USA.  As stated either arrive together or arrive before him.

 

Also to note when it gets the NVC stage,  if you are not working for a US company, you will need a joint sponsor.

[Redro 4,611]

51 minutes ago, laurawinner said:

Hello everyone . My husbnd and I are planning to live in his home country while we wait for his cr1 visa process ( we didn't apply yet ) 

We already are married thru utah state zoom marriage .

I wanna go back with him to america when he gets his visa . i just wanna be with him rn.

Is me living outside the us with him is gonna affect the process in anyway ? 

Did anybody went thru similar situation ? 

What should we take under consideration if we gonna do that ? 

Any advice ? 

Lots of USCs live with their partners in their home country while they wait out the process. 

Be aware at the NVC stage (once the I-130 is approved). 

You need to sponsor your partner. How many people are in your family (how many dependents do you have?) 

https://www.uscis.gov/i-864p

 

If it is a family of 2 you have to make at least $22,887 a year. If you have a family of three at least  $28,787. 

This money should come from a US employer or continue once you leave his home country. 

IF you do not earn any money you can ask someone to be a joint sponsor (you will still be the primary sponsor). 

You should also maintain your ties to the US. Have US bank accounts, credit cards, vote in elections... you need to show you are only staying in your husband's country for a short time. 

 

Edited June 5, 2022 by ROK2USA

[laurawinner 0]

5 minutes ago, Troy B said:

#1 depends on where you husband is located.

 

#2 means he cannot come to the USA if you are not in the USA.  As stated either arrive together or arrive before him.

 

Also to note when it gets the NVC stage,  if you are not working for a US company, you will need a joint sponsor.

He lives in morocco and he already have a place there ready and everything .

[laurawinner 0]

2 minutes ago, ROK2USA said:

Lots of USCs live with their partners in their home country while they wait out the process. 

Be aware at the NVC stage (once the I-130 is approved). 

You need to sponsor your partner. How many people are in your family (how many dependents do you have?) 

https://www.uscis.gov/i-864p

 

If it is a family of 2 you have to make at least $22,887 a year. If you have a family of three at least  $28,787. 

This money should come from a US employer or continue once you leave his home country. 

IF you do not earn any money you can ask someone to be a joint sponsor (you will still be the primary sponsor). 

You should also maintain your ties to the US. Have US bank accounts, credit cards, vote in elections... you need to show you are only staying in your husband's country for a short time. 

 

I don't have a job currently . I stopped working because i thought we already decided we gonna live in his home country waiting for the process to finish . And also because i'm gonna be the primary sponsor do i have to do something here in the us before i go to morocco so i can make things easier ? 

Ans also whzt kinda ties u mean and why do i have to show that i'm only staying for a short period because it's gonna show in my passport anyway when i go in or out of the country !!

[Redro 4,611]

8 minutes ago, laurawinner said:

I don't have a job currently . I stopped working because i thought we already decided we gonna live in his home country waiting for the process to finish . And also because i'm gonna be the primary sponsor do i have to do something here in the us before i go to morocco so i can make things easier ? --- Make sure you renew your drivers license and don't close any of your bank accounts. 

Ans also whzt kinda ties u mean and why do i have to show that i'm only staying for a short period because it's gonna show in my passport anyway when i go in or out of the country !! 

You are his sponsor. 

So, you have to show the government you can support him if he moves to the US. 

There are 3 stages to getting your husband his visa. 

1) USCIS stage- you submit a petition to USCIS asking them to give him the opportunity to apply for a visa

2) NVC stage- your husband completes the DS260 and you complete the I-864 (affidavit of support). 

3) Interview stage- your husband won't be able to interview if your documents at NVC stage are not accepted/ you do not make enough money OR you cannot obtain a qualified joint sponsor. 

 

You can look at the form here:

https://www.uscis.gov/i-864

 

This form asks you about where you are living... 

1.) Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

 

2. You are living abroad temporarily. If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include: A. Your voting record in the United States; B. Records of paying U.S. state or local taxes; Form I-864 Instructions 12/08/21 Page 5 of 17 C. Having property in the United States; D. Maintaining bank or investment accounts in the United States; E. Having a permanent mailing address in the United States; or F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay. 3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status

 

Because you are his sponsor. You need a job. If it is just the two of you. You need to earn at least $22,887 a year.

 

 

Edited June 5, 2022 by ROK2USA

[SusieQQQ 11,586]

1 hour ago, laurawinner said:

I don't have a job currently . I stopped working because i thought we already decided we gonna live in his home country waiting for the process to finish . And also because i'm gonna be the primary sponsor do i have to do something here in the us before i go to morocco so i can make things easier ? 

Ans also whzt kinda ties u mean and why do i have to show that i'm only staying for a short period because it's gonna show in my passport anyway when i go in or out of the country !!

The idea behind family based visas is reunification of family. So you need to show intent of domicile in the US and/or move back here before your husband gets his visa, because otherwise there is no reason to issue him a US visa.  

There will need to be US-based income as well for sponsorship… obviously whatever you /he are earning overseas is not going to continue when you move back to the US

 

the upside is that living with him there for a couple of years waiting for this is good for the evidence of genuine relationship.

[SusieQQQ 11,586]

Can a sponsor maintain U.S. domicile while living abroad temporarily?

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she departed the United States for a limited and not indefinite period of time,
   
• He/she intended to maintain a domicile in the United States, and
   
• He/she has evidence of continued ties to the United States.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
   
• Records of paying U.S. state or local taxes
   
• Having property in the United States
   
• Maintaining bank or investment accounts in the United States
   
• Having a permanent mailing address in the United States
   
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

How can a financial petitioner establish a domicile?

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
   
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

• Opening a bank account
   
• Transferring funds to the United States
   
• Making investments in the United States
   
• Seeking employment in the United States
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos18

[Ontarkie 14,228]

~~Moved to IR1/CR1 P&P, from Progress Reports - as the OP is just starting to figure things out~~

[pushbrk 12,898]

Domicile issues are usually a minor consideration when it's clear you've just moved to live with your spouse through the process.  The bigger issue is the financial sponsorship.  You qualify in one of three ways.  1.  With a current job with sufficient income.  2.  With more than 3X the required income amount in liquid assets.  Liquid assets of the foreign spouse can be used as well but all use of assets must be adequately documented.  Or....3.  A qualified joint sponsor with a plausible reason to WANT to be a joint sponsor.

 

 

[SalishSea 17,837]

3 hours ago, laurawinner said:

I don't have a job currently . I stopped working because i thought we already decided we gonna live in his home country waiting for the process to finish . And also because i'm gonna be the primary sponsor do i have to do something here in the us before i go to morocco so i can make things easier ? 

Ans also whzt kinda ties u mean and why do i have to show that i'm only staying for a short period because it's gonna show in my passport anyway when i go in or out of the country !!

You need to do a significant amount of reading/research to become educated about the visa process.

[JeanneAdil 6,511]

If also working outside the US,  u need to file US tax returns as Married (MFJ or MFS)

foreign income may be exempt if the country has  a tax treaty with the US 

 

List of countries here

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

 

Follow IRS site for tax returns while working outside the US and married to nonresident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[laurawinner 0]

Also i had 2 DUI arrests 8 months ago .

Can that affect my cr1 petition for my husband ?