Unpaid leave to be with spouse abroad while waiting for CR-1

[Terry M 1]

Hello everybody,

 

Is it possible to initiate the CR-1 process in the USA, then spend a year in my spouse's country while on an unpaid leave from my US-based employer while waiting?

 

Some specifics on our situation. I am currently living and working in California and my soon-to-be fiance in Vietnam. We have talked about getting married there early next year but don't want to be separated for 18+ months. I can get a one year unpaid leave of absence from my employer. I wonder if I could spend that time in Vietnam? I would have to give up my apartment here and use my elderly mom's address as my own, as I do not own real estate. Would some statement from my employer that I am on leave and plan to resume working in the USA on a certain date and my past income satisfy the Affidavit of Support? Otherwise would I be able to use my 401k/IRA savings (and mom's address)? Finally my 84 year old mom would have enough SS income and owns her house, so use her as a joint sponsor?

 

[Timona 4,207]

Just initiate CR-1 in Vietnam...why come to US, initiate, go back to Vietnam?

 

 

[Terry M 1]

Just now, Timona said:

Just initiate CR-1 in Vietnam...why come to US, initiate, go back to Vietnam?

 

 

Is that possible? I thought direct consular processing was no longer available.

[Troy B 223]

Keep in mind an I-130 petition will likely result in a ~2 years before the visa gets issued.  You can file the i-130 online from anywhere with a internet connection.

[Family 3,988]

1 hour ago, Terry M said:

it possible to initiate the CR-1 process in the USA, then spend a year in my spouse's country while on an unpaid leave from my US-based employer while waiting?

 

Some specifics on our situation. I am currently living and working in California and my soon-to-be fiance in Vietnam. We have talked about getting married there early next year but don't want to be separated for 18+ months. I can get a one year unpaid leave of absence from my employer. I wonder if I could spend that time in Vietnam? I would have to give up my apartment here and use my elderly mom's address as my own, as I do not own real estate. Would some statement from my employer that I am on leave and plan to resume working in the USA on a certain date and my past income satisfy the Affidavit of Support? Otherwise would I be able to use my 401k/IRA savings (and mom's address)? Finally my 84 year old mom would have enough SS income and owns her house, so use her as a joint sponsor?

Your Now Fiancé Soon to be Wife , is how read this …but you cannot “ initiate CR-1 from US” since you are not married yet , assuming you make a quick trip to Vietnam and marry, you can file online from anywhere.

 

Rest of plan is excellent , as you are preserving domicile ( mom’s address, accounts w $$, job leave …ps register to and vote from overseas ), plenty of assets for down the road…and even mom if needed on I-864 ..but won’t need her is $$$ in retirement is ok

 

You are fortunate to be able to wait with Future Wife

Edited August 6, 2022 by Family

[pushbrk 12,898]

2 hours ago, Terry M said:

Hello everybody,

 

Is it possible to initiate the CR-1 process in the USA, then spend a year in my spouse's country while on an unpaid leave from my US-based employer while waiting?

 

Some specifics on our situation. I am currently living and working in California and my soon-to-be fiance in Vietnam. We have talked about getting married there early next year but don't want to be separated for 18+ months. I can get a one year unpaid leave of absence from my employer. I wonder if I could spend that time in Vietnam? I would have to give up my apartment here and use my elderly mom's address as my own, as I do not own real estate. Would some statement from my employer that I am on leave and plan to resume working in the USA on a certain date and my past income satisfy the Affidavit of Support? Otherwise would I be able to use my 401k/IRA savings (and mom's address)? Finally my 84 year old mom would have enough SS income and owns her house, so use her as a joint sponsor?

 

Since you are looking at a 1.5 to 2 year process, yes, your plan will work.  Neither domicile or affidavit of support issues will be a problem, as you will have documentation you're returning to your job.  In reality, you can time you "year" so that you are back to work before submitting the affidavit of support.  If your liquid assets are sufficient, that works too.

 

I noticed some of the other answers assumed you would be gone for the entire process.  One year is far less than the entire process will likely take.

 

Your 84 year old mother is "elderly" so not a great choice as a joint sponsor. (She might not be around to fulfil the obligations of the contract.  It's a contract, not just a statement of income and assets.  Her equity in her primary home is not helpful to any sponsorship issues. 

[Terry M 1]

19 hours ago, pushbrk said:

support

Thank you for the answers, this is very encouraging! I though for sure there would be some problem with that plan. For now the plan is to travel to Vietnam in October and get engaged, start my leave in February and live in Vietnam on 30 day tourist visas for a year, but I'll also travel back to spend time with my mom. I will start the CR1 process online from Vietnam. I'm still not 100% sure of our plan after that year is up. I'm guessing it would be simpler to show domicile if I would return to the USA at that point at resume working, but that would result in 6-12 of separation. Or I might be able to extend the leave. I'm sure I'll have more questions as I get into this process. I guess a question is how soon after marriage do folks start the process? Does there have to be some time to establish the legitimacy of the marriage, open joint accounts, get both names on a lease, and things like that?

[Family 3,988]

2 minutes ago, Terry M said:

will start the CR1 process online from Vietnam. I'm still not 100% sure of our plan after that year is up. I'm guessing it would be simpler to show domicile if I would return to the USA at that point at resume working, but that would result in 6-12 of separation. Or I might be able to extend the leave. I'm sure I'll have more questions as I get into this process. I guess a question is how soon after marriage do folks start the process? Does there have to be some time to establish the legitimacy of the marriage, open joint accounts, get both names on a lease, and things like that?

You can get married ( if u choose) via Utah online marriage on your next visit , but no matter when you marry , you can file I-130 as soon as you have the marriage certificate in hand. ..and use your stamped passport / itinerary, photos as initial filing. 

The marriage bonafides get reviewed at interview and you are already way ahead just by living there w wife. most couples only manage a few visits.
 

Don’t worry about domicile too much because you can satisfy that with “ Intent to Re-establish domicile “ letter ( if needed). and wait w her till the very end. 
 

 

[pushbrk 12,898]

1 hour ago, Family said:

 

Don’t worry about domicile too much because you can satisfy that with “ Intent to Re-establish domicile “ letter ( if needed). and wait w her till the very end. 
 

 

That's correct, but since the petitioner really needs to get back to work to satisfy the affidavit of support, they need to get back to work before or during the NVC stage.

[Terry M 1]

I hadn't considered the Utah online marriage. I discussed that with my fiance and she suggested just getting the marriage certificate in Vietnam, which only takes a couple days. Is there any advantage to doing the Utah marriage. That would be a US marriage certificate, would that help the application?

[Family 3,988]

6 minutes ago, Terry M said:

hadn't considered the Utah online marriage. I discussed that with my fiance and she suggested just getting the marriage certificate in Vietnam, which only takes a couple days. Is there any advantage to doing the Utah marriage. That would be a US marriage certificate, would that help the application?

No advantage, do as she suggested. Some countries have lengthy process , you are in good hands w fiancé if it’s so easy 

[Terry M 1]

Getting married in October is a lot faster than we expected, but it seems like the best way, since that would give us five months of processing time before my year in Vietnam starts. However, that would mean we wouldn't be living together and I would be leaving her country. Would I still be able to prove the marriage just with pictures, text messages, physical letters, proof of our trips? What else would I need?

[Family 3,988]

16 minutes ago, Terry M said:

Getting married in October is a lot faster than we expected, but it seems like the best way, since that would give us five months of processing time before my year in Vietnam starts. However, that would mean we wouldn't be living together and I would be leaving her country. Would I still be able to prove the marriage just with pictures, text messages, physical letters, proof of our trips? What else would I need?

Yes it will be sufficient.
The first stage at USCIS is primarily focused on civil documentation of the marriage so you won’t have issues.
If this is first marriage for both then just marriage certificate, I recommended you include your birth certificate and her birth certificate ( though required later at NVC it’s good practice to include now) and what you have listed and passport style photos for both of you.

After USCIS approves you will get the NVC process instructions.
 

Link to marriage certificate and civil documents requirement.for Vietnam.

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/VietNam.html