Question before filing I-130/Spouse Visa

[ThePhilosophy 0]

Hello all,

 

My wife and I got married recently and want to take things to the next step by moving to the US, for this we want to file the I-130 however we currently both live in Mexico since she has dual citizenship.

After digging for information online I can't seem to find similar cases to this, but it is my understanding that she will need to move to the US, file the I-130 then if all goes well, I'll receive the GC and will be able to join her.

Our questions are the following.

Are we missing something?

Has anybody else had a similar experience?

Would it be possible to file everything from abroad then move to the US?

Thanks in advance.

[Boiler 45,467]

You can file online

 

Usually the 2 issues are showing US Domicile and meeting the Sponsorship requirements.

[ThePhilosophy 0]

16 minutes ago, Boiler said:

You can file online

 

Usually the 2 issues are showing US Domicile and meeting the Sponsorship requirements.

At what point in the timeline will she have to show a US Domicile?

[Boiler 45,467]

Before the interview.

[ThePhilosophy 0]

2 minutes ago, Boiler said:

Before the interview.

Thanks for the reply. One last question, would it be possible then for her to file it in Mexico then move a couple months before the interview to the US to establish a Domicile and try and meet the sponsorship requirements? 

I'm assuming that in case she doesn't meet the sponsorship requirements we will need to file a joint sponsor. In that case can it be a family member of the beneficiary (me)?

[Boiler 45,467]

Yes

 

It can be any USC or LPR that meets the requirements.

[ThePhilosophy 0]

6 minutes ago, Boiler said:

Yes

 

It can be any USC or LPR that meets the requirements.

Perfect.

Thanks a lot for the help.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

1 hour ago, ThePhilosophy said:

it is my understanding that she will need to move to the US, file the I-130 then if all goes well, I'll receive the GC and will be able to join her.

 

Your US citizen wife may file the I-130 even while she is in Mexico, if you already have a valid marriage certificate and the other required documents for the I-130.  File the I-130 ASAP!  Don't delay, as the wait time for visa interview in Mexico is long.

 

[ThePhilosophy 0]

7 minutes ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

 

Your US citizen wife may file the I-130 even while she is in Mexico, if you already have a valid marriage certificate and the other required documents for the I-130.  File the I-130 ASAP!  Don't delay, as the wait time for visa interview in Mexico is long.

 

Understood.

Thanks for the tip.

[garebear397 69]

Correct me if I am wrong those with more experience, but the sponsor doesn't actually have to be living in the US even at the time of the interview/filing I-864 -- if they can show intent to re-establish domicile in the United States (opening bank accounts, job applications/job offer, enrolling kids in school etc.). Of course its still a bit easier to show domicile (rental agreements, house purchase, utility bills, etc.) than "intent ro establish domicile" if you want to play it safe. But it is an option for your spouse if they want to wait for you to move to the US. 

[pushbrk 12,876]

14 hours ago, garebear397 said:

Correct me if I am wrong those with more experience, but the sponsor doesn't actually have to be living in the US even at the time of the interview/filing I-864 -- if they can show intent to re-establish domicile in the United States (opening bank accounts, job applications/job offer, enrolling kids in school etc.). Of course its still a bit easier to show domicile (rental agreements, house purchase, utility bills, etc.) than "intent ro establish domicile" if you want to play it safe. But it is an option for your spouse if they want to wait for you to move to the US. 

Correct.