Working abroad after filing for a CR1 visa

[Michelle90 1]

Hello!

 

I am a USC and would like to marry my boyfriend from Germany, who is currently living there. At the same time, I'm preparing to go to Japan to work as an assistant language teacher. It is a short-term contract that ends in March 2024. My work visa will be sponsored by the school there, and I will begin working there in September. I'm doing this because my teacher preparatory program is with Moreland. Since I am enrolled with them rather than with a state program, my license would be issued so much faster. When I get to the clinical portion, it would be too late to do my clinicals in a US school. The school semester in Japan starts in October, so it would be more convenient to do it there. It will also look better on my application to US International Baccalaureate schools if I have experience teaching abroad.goal is to keep living in the US and have my boyfriend live here with me.

 

Overall, I want to file a spouse visa this Fall since my boyfriend will be visiting me before I go overseas. Would this cause any problems since I will have already filed for a Japanese work visa? I would be returning to the US after my program ends because my longterm goal is to keep living in the US and have my boyfriend live here with me. I'd like to file before I leave since the spouse visa could take around a year from what I've read online.

[Lil bear 4,201]

1 hour ago, Michelle90 said:

Hello!

 

I am a USC and would like to marry my boyfriend from Germany, who is currently living there. At the same time, I'm preparing to go to Japan to work as an assistant language teacher. It is a short-term contract that ends in March 2024. My work visa will be sponsored by the school there, and I will begin working there in September. I'm doing this because my teacher preparatory program is with Moreland. Since I am enrolled with them rather than with a state program, my license would be issued so much faster. When I get to the clinical portion, it would be too late to do my clinicals in a US school. The school semester in Japan starts in October, so it would be more convenient to do it there. It will also look better on my application to US International Baccalaureate schools if I have experience teaching abroad.goal is to keep living in the US and have my boyfriend live here with me.

 

Overall, I want to file a spouse visa this Fall since my boyfriend will be visiting me before I go overseas. Would this cause any problems since I will have already filed for a Japanese work visa? I would be returning to the US after my program ends because my longterm goal is to keep living in the US and have my boyfriend live here with me. I'd like to file before I leave since the spouse visa could take around a year from what I've read online.

Marry.  File I130 asap. The spouse process will be 18-12 months until the visa is in hand. Your temporary stay in Japan

will not be an issue. You will

need to demonstrate that you will be returning  to the USA to live in order to meet your domicile requirements. You must enter the US before or with your immigrant spouse when that time comes. Keep your US state drivers license, voter registration etc current while away.. use a safe reliable address of parents, sibling , friend etc as your US mailing address. 
 

Enjoy the experience !! 

[pushbrk 12,881]

1 hour ago, Lil bear said:

Marry.  File I130 asap. The spouse process will be 18-12 months until the visa is in hand. Your temporary stay in Japan

will not be an issue. You will

need to demonstrate that you will be returning  to the USA to live in order to meet your domicile requirements. You must enter the US before or with your immigrant spouse when that time comes. Keep your US state drivers license, voter registration etc current while away.. use a safe reliable address of parents, sibling , friend etc as your US mailing address. 
 

Enjoy the experience !! 

Exactly, but she must also plan for the affidavit of support, to financially sponsor her then husband.

[Michelle90 1]

Thank you both for your help!

[SalishSea 17,827]

On 3/20/2023 at 11:48 AM, Michelle90 said:

Hello!

 

I am a USC and would like to marry my boyfriend from Germany, who is currently living there. At the same time, I'm preparing to go to Japan to work as an assistant language teacher. It is a short-term contract that ends in March 2024. My work visa will be sponsored by the school there, and I will begin working there in September. I'm doing this because my teacher preparatory program is with Moreland. Since I am enrolled with them rather than with a state program, my license would be issued so much faster. When I get to the clinical portion, it would be too late to do my clinicals in a US school. The school semester in Japan starts in October, so it would be more convenient to do it there. It will also look better on my application to US International Baccalaureate schools if I have experience teaching abroad.goal is to keep living in the US and have my boyfriend live here with me.

 

Overall, I want to file a spouse visa this Fall since my boyfriend will be visiting me before I go overseas. Would this cause any problems since I will have already filed for a Japanese work visa? I would be returning to the US after my program ends because my longterm goal is to keep living in the US and have my boyfriend live here with me. I'd like to file before I leave since the spouse visa could take around a year from what I've read online.

You will likely need a joint sponsor.

[Lil bear 4,201]

22 hours ago, pushbrk said:

Exactly, but she must also plan for the affidavit of support, to financially sponsor her then husband.

Yes. But as a student that was already the situation.. Working abroad doesn’t change that . 

[Michelle90 1]

20 hours ago, Jorgedig said:

You will likely need a joint sponsor.

 

Oh, sorry, I forgot to mention it in the original post.

I'm currently working and my income is more than the ~25,000 requirement, and it will still be more in my next year's tax return.
There should be no issues then, right? Or would I need a joint sponsor because I'd be working abroad?

[SalishSea 17,827]

36 minutes ago, Michelle90 said:

 

Oh, sorry, I forgot to mention it in the original post.

I'm currently working and my income is more than the ~25,000 requirement, and it will still be more in my next year's tax return.
There should be no issues then, right? Or would I need a joint sponsor because I'd be working abroad?

Foreign income that will not continue in the US is not considered.   You will need a joint sponsor.

[Michelle90 1]

35 minutes ago, Jorgedig said:

Foreign income that will not continue in the US is not considered.   You will need a joint sponsor.

Let me be clearer, even if I'd be working abroad, I'd still be working for my US employer remotely, and I'd still be filing my tax return in the US. Would it be okay in this case?

[SalishSea 17,827]

Just now, Michelle90 said:

Let me be clearer, even if I'd be working abroad, I'd still be working for my US employer remotely, and I'd still be filing my tax return in the US. Would it be okay in this case?

When you return, will that salary continue once you are domiciled in the US?

[Michelle90 1]

6 minutes ago, Jorgedig said:

When you return, will that salary continue once you are domiciled in the US?

 

Yes, it would still continue. However, when I return to the US, I'd also be looking for another job while working. Will that be fine?

[SalishSea 17,827]

26 minutes ago, Michelle90 said:

 

Yes, it would still continue. However, when I return to the US, I'd also be looking for another job while working. Will that be fine?

Yes.   Approval is based on current income  as evidenced by payslips, not past income, which is what W2s and tax transcripts show.   

[Michelle90 1]

2 hours ago, Jorgedig said:

Yes.   Approval is based on current income  as evidenced by payslips, not past income, which is what W2s and tax transcripts show.   

Ok thats good! But even though I'm still working for a US employer while abroad, it will mainly be part-time due to the time difference. The payslips I'll get might only total up to $18K while I am working abroad from September '23-March '24. Will that be a problem? We will have already filed for the spouse visa before I'd leave the US, with payslips totaling up to over $25K. Then, the payslips will go back to be over $25K when I return to the US.

[pushbrk 12,881]

2 hours ago, Michelle90 said:

Ok thats good! But even though I'm still working for a US employer while abroad, it will mainly be part-time due to the time difference. The payslips I'll get might only total up to $18K while I am working abroad from September '23-March '24. Will that be a problem? We will have already filed for the spouse visa before I'd leave the US, with payslips totaling up to over $25K. Then, the payslips will go back to be over $25K when I return to the US.

You seem to be having a problem with tenses.  For an employed person, current income (present tense)  does not come from a tax return.  Tax returns are about the past.  You provide no financial information or documentation when filing the petition.  Your affidavit of support will be provided at the NVC stage and may need to be updated between that time and the visa interview.  It asks for information from the past, (tax returns) and asks about current income.  Current income is calculated using a pay stub.  If at that time, you are making $300 a week, your current income is 300 X 52 or 15,600, so you would need a joint sponsor.  A letter from your employer saying what you will make once you return, is "future tense" not "current income."

[Michelle90 1]

4 hours ago, pushbrk said:

You seem to be having a problem with tenses.  For an employed person, current income (present tense)  does not come from a tax return.  Tax returns are about the past.  You provide no financial information or documentation when filing the petition.  Your affidavit of support will be provided at the NVC stage and may need to be updated between that time and the visa interview.  It asks for information from the past, (tax returns) and asks about current income.  Current income is calculated using a pay stub.  If at that time, you are making $300 a week, your current income is 300 X 52 or 15,600, so you would need a joint sponsor.  A letter from your employer saying what you will make once you return, is "future tense" not "current income."

Thank you, I really appreciate your help with clarifying things. I mixed up when we'd have to file for the affidavit of support.
I don't have any ties with my family and finding a joint sponsor would be hard for me.

I'll just make sure I work enough hours for my US employer while abroad, in order to satisfy the required amount.