Hi Everyone,
I am a US citizen living with my spouse abroad since 2020, married two years in May. I-130 petition was submitted in May of 2023. I have not maintained US domicile while abroad as I have a foreign job here and am earning foreign income. I still have a US bank account, but I have not filed federal tax returns since the last year I worked there, in 2019. I would like any advice on the process of my husband gaining his family visa after I-130 is approved- there is a lot of conflicting information out there.
I have been told the following:
- Once I-130 approval, the case will move to the NVC stage. During this stage and with documents requiring submission, I will need to submit evidence of "intent to re-establish US domicile". These include job applications, job offers, US bank account info, etc (any advice on documents required is welcome). In addition, since my income is foreign, I will not meet the minimum financial requirements for sponsorship, and we will need to submit an I-864 with documents from a person in the US willing to sponsor who is over the minimum income threshold.
OR
- Once I-130 approval, once case moves to the embassy, my husband's visa will be automatically denied, as I have not maintained US domicile while living abroad since 2020. Therefore, before or after I-130 approval, I must move back to the US. I need to begin working in the US and gaining a paycheck (3 months minimum) in order to prove US domicile and only then can my husband move on to the consular processing stage. (If so, any advice on this process is welcome)
OR
- I must begin looking for a job in the US now. If I have a job offer at the time of I-130 approval, we can apply for DCF exemption to push through the visa. (If so, any advice on this process is welcome)
OR
- This case is not straight forward, and I should consult an immigration lawyer.
Thank you so much in advance for time and advice!
