usc living in foreign country

[cvc70]

I am a USC living with my spouse in foreign country. I want to apply for GC ( IR 1) for my spouse. Could any one please let me know what is the process.
We married 10 years earlier. We plan to relocate to US next year and live in US permanently.

Usually the sponsor is in US and the beneficiary is in foreign country. In this case, we both are in foreign country. What is procedure to get GC for my spouse. Thank you

 

[newacct]

I am a USC living with my spouse in foreign country. I want to apply for GC ( IR 1) for my spouse. Could any one please let me know what is the process.
We married 10 years earlier. We plan to relocate to US next year and live in US permanently.

Usually the sponsor is in US and the beneficiary is in foreign country. In this case, we both are in foreign country. What is procedure to get GC for my spouse. Thank you

It's the same. You file the I-130 petition and your spouse will go through Consular Processing in the foreign country. The only potential difference is that if you have been living long term in the foreign country and it is one of the countries that has a USCIS international office, you can use Direct Consular Filing to file the petition directly at the consulate instead of to the US, which makes it faster.

 

[1AurCitizen]

The USC also must establish US domicile at the time of, or prior to the admittance of the petitioned alien, the spouse in this case.

 

[cvc70]

It's the same. You file the I-130 petition and your spouse will go through Processing in the foreign country. The only potential difference is that if you have been living long term in the foreign country and it is one of the countries that has a USCIS international office, you can use Direct Consular Filing to file the petition directly at the consulate instead of to the US, which makes it faster.

Thank you for the reply. I live in India and New Delhi has USCIS international office. Thanks for suggesting Direct consular processing.

I am not working for past couple of years and my spouse salary though reasonable to live here, falls below US federal poverty limit. Our savings account has 1.5 times federal poverty limit. Will it meet the income requirements of affidavit of support.

I plan to enter US at the same time as my spouse once GC is approved. Is this ok or should I enter US prior to my spouse.

 

[SusieQQQ]

Thank you for the reply. I live in India and New Delhi has USCIS international office. Thanks for suggesting Direct consular processing.

I am not working for past couple of years and my spouse salary though reasonable to live here, falls below US federal poverty limit. Our savings account has 1.5 times federal poverty limit. Will it meet the income requirements of affidavit of support.

.

See pages 8-9 re assets https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

 

[cvc70]

Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

Thank you for the reply. I appreciate it.
My IRA will meet the asset requirement. Hope I can list my IRA for asset requirement.

If my spouse enters USA on B1/B2, will I be able to process GC while I work in US to meet income requirements. i.e My spouse enters on non immigrant visa. Once the spouse is in USA, I will initiate the GC process .

 

[SusieQQQ]

Thank you for the reply. I appreciate it.
My IRA will meet the asset requirement. Hope I can list my IRA for asset requirement.

If my spouse enters USA on B1/B2, will I be able to process GC while I work in US to meet income requirements. i.e My spouse enters on non immigrant visa. Once the spouse is in USA, I will initiate the GC process .

Your spouse can’t enter on a B visa with the intent to immigrate. You’d need to either apply and do consular processing for him/her while in India, or enter the US first and then sponsor (this latter route will mean you spend time apart while spouse waits for interview etc, usually some months).

 

[cvc70]

Your spouse can’t enter on a B visa with the intent to immigrate. You’d need to either apply and do consular processing for him/her while in India, or enter the US first and then sponsor (this latter route will mean you spend time apart while spouse waits for interview etc, usually some months).

Thank you very much. I will apply and do consular processing in India. We will enter US at the same time once consular processing is done.

 

[cafeconleche]

Direct consular processing is quite fast, so once you have the immigrant visa, you two may enter the US, and then leave immediately for a few months as well if you need to activate the visa long before you intend to move permanently.

 

[cvc70]

Direct consular processing is quite fast, so once you have the immigrant visa, you two may enter the US, and then leave immediately for a few months as well if you need to activate the visa long before you intend to move permanently.

Great suggestion. We were wondering how to sync school year end and visa process. This helps. Thank you very much.