Filing for spouse's GC

T

the.walker

New Member
Hello all,

I'm a US citizen that hasn't lived outside the US for over 4 years now. I got married 3 years ago and we have a baby, too. I really thought I'd not wanna move back which is why I didn't bother applying for her GC. But with Covid-19 and the current financial situations out here, I think we are way better off heading back once all this settles down.

My question is, will my income from outside the US suffice? Or do I need to move back to the US and earn it there and meet financial requirements. I'm trying to get this answered before I file my taxes.

Thank you.
 
You need an income source in the US (a foreign one only counts if it will continue once you move back). You can use a joint sponsor if necessary.
 
SusieQQQ said:
You need an income source in the US (a foreign one only counts if it will continue once you move back). You can use a joint sponsor if necessary.
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Thank you.

So essentially, I need to move to the US, make verifiable income that suffices to govt. needs (30k or something for my wife and child) for her GC to get approved?

Alternatively, I can have a US citizen sponsor her?
 
the.walker said:
Thank you.

So essentially, I need to move to the US, make verifiable income that suffices to govt. needs (30k or something for my wife and child) for her GC to get approved?

Alternatively, I can have a US citizen sponsor her?
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You will need to show US domicile or provable intent to re-establish domicile at the time of their interview anyway, so moving back is the best way of showing that. You have to be the sponsor of the petition, but you can get a US citizen (or green card holder) to be a co-sponsor financially.

If you go through the instructions on the affidavit of support form, it explains probably all you need to know https://www.uscis.gov/system/files_force/files/form/i-864instr-pc.pdf?download=1

By the way, you registered CRBA for your child?
 
I haven't done so. I haven't even registered my marriage at the embassy. I did it at a local office and thought that'd suffice.
 
the.walker said:
I haven't done so. I haven't even registered my marriage at the embassy. I did it at a local office and thought that'd suffice.
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Well, you‘ll need a US passport for your kid so suggest you file CRBA when the embassy reopens (assuming you meet the requirements to pass on citizenship).
Don’t know why you’d need to register your marriage at the embassy? Never heard of a need for that?
 
SusieQQQ said:
Well, you‘ll need a US passport for your kid so suggest you file CRBA when the embassy reopens (assuming you meet the requirements to pass on citizenship).
Don’t know why you’d need to register your marriage at the embassy? Never heard of a need for that?
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I'm a naturalized US citizen. I moved out within 2 months of receiving my passport. As such, I believe my child doesn't qualify as a US citizen.
Registering the marriage in the sense I'd be filing for my wife and child (family petition and GC).
 
the.walker said:
I'm a naturalized US citizen. I moved out within 2 months of receiving my passport. As such, I believe my child doesn't qualify as a US citizen.
Registering the marriage in the sense I'd be filing for my wife and child (family petition and GC).
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As a general rule, unless you naturalized automatically under 18 or via a spouse on the 3-year rule, a naturalized citizen should meet the required presence requirements to pass it on. Suggest you investigate it properly before you start anything, because they will not issue a visa to someone who is actually a USC.
 
the.walker said:
I'm a naturalized US citizen. I moved out within 2 months of receiving my passport. As such, I believe my child doesn't qualify as a US citizen.
Registering the marriage in the sense I'd be filing for my wife and child (family petition and GC).
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You had to have been a permanent resident for 5 years (plus waiting time for naturalization) before you could naturalize, and you could have been present in the US before you became a permanent resident, so most people have more than 5 years of physical presence in the US by the time they naturalize. Although you only had to have half of the 5 years (30 months) of physical presence, most people are not out of the US that much. Unless you were absent from the US a lot during your 5 years, and weren't in the US much before you became a permanent resident, chances are, you have been physically present in the US for 5 years.
 
oh
SusieQQQ said:
As a general rule, unless you naturalized automatically under 18 or via a spouse on the 3-year rule, a naturalized citizen should meet the required presence requirements to pass it on. Suggest you investigate it properly before you start anything, because they will not issue a visa to someone who is actually a USC.
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wow. I'll look into it!
 
newacct said:
You had to have been a permanent resident for 5 years (plus waiting time for naturalization) before you could naturalize, and you could have been present in the US before you became a permanent resident, so most people have more than 5 years of physical presence in the US by the time they naturalize. Although you only had to have half of the 5 years (30 months) of physical presence, most people are not out of the US that much. Unless you were absent from the US a lot during your 5 years, and weren't in the US much before you became a permanent resident, chances are, you have been physically present in the US for 5 years.
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I'd lived in the states for over a decade before I naturalized. I'll definitely do some research. Thank you!
 
My girlfriend is a Canadian citizen and I am a US citizen. She just graduated from University and I'm going to be graduating in a few months. We've been dating long distance for the past 3 years, and are planning on finally living together long term in the US.
Everyone keeps telling us to just get married because it would be the simplest way to assure that she can live and work in the states. Is this advisable? Or would this constitute as marriage fraud in some convoluted way? We've been a committed couple for the past 3 years, so it's not like I've been paid off by her parents to get her a visa. It's just the easiest way of us not having to deal with living in two separate countries. Any advice?
 
jordybell1994 said:
My girlfriend is a Canadian citizen and I am a US citizen. She just graduated from University and I'm going to be graduating in a few months. We've been dating long distance for the past 3 years, and are planning on finally living together long term in the US.
Everyone keeps telling us to just get married because it would be the simplest way to assure that she can live and work in the states. Is this advisable? Or would this constitute as marriage fraud in some convoluted way? We've been a committed couple for the past 3 years, so it's not like I've been paid off by her parents to get her a visa. It's just the easiest way of us not having to deal with living in two separate countries. Any advice?
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I'm no expert, but I think you have two options here...

1) Apply for a K-1 visa which will allow your gf to come to the US and get married (within 90 days of her receiving the visa). She can then apply for the green card in the US with you, but won't be allowed to work while she's waiting for approval (without an additional work visa).

2) Get married in a foreign country (combine it with a vacation!) and then apply for a spouse visa (CR-1)

If you get married in the US with your gf on a travel visa that could be seen as fraud. She needs to be honest with border security about her intentions while visiting the US. If she says "I'm getting married", and doesn't have the K-1 visa, they won't look on that too kindly. Generally speaking just make sure you don't get married in the country you're looking to settle without a proper visa to do so.

Also keep in mind you as the US citizen will need to prove a minimum income ($21,550 per year) when applying for the green card.

Good luck! I'm going through a similar process (UK/US). We plan to get married in Canada once this corona crap settles down and then I'll apply for the green card.
 
epiphanyUK said:
If you get married in the US with your gf on a travel visa that could be seen as fraud. She needs to be honest with border security about her intentions while visiting the US. If she says "I'm getting married", and doesn't have the K-1 visa, they won't look on that too kindly. Generally speaking just make sure you don't get married in the country you're looking to settle without a proper visa to do so.

Also keep in mind you as the US citizen will need to prove a minimum income ($21,550 per year) when applying for the green card.

Good luck! I'm going through a similar process (UK/US). We plan to get married in Canada once this corona crap settles down and then I'll apply for the green card.
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Not quite accurate. Coming into the US to get married is allowed on a NIV as long as the person does not stay back to file AOS. Visa fraud comes into play IF someone enters the US on a NIV with the preconceived intent of getting married and filing AOS.

If OP’s current income does not meet the required amount, they can use a joint sponsor with an applicable income.
 
epiphanyUK said:
I don't know why anyone would risk it to be honest.
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There’s no law that says someone cannot enter the US solely for the purpose of getting married, nothing is being risked here. Heard of destination wedding? As a matter of fact, two non-residents can enter the US solely for the purpose of getting married.
 
epiphanyUK said:
I don't know why anyone would risk it to be honest.
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Las Vegas and Hawaii are two of the most famous destination wedding spots in the world!

as mom says, nothing wrong with getting married on a B or ESTA as long as you go back after and await processing.
 
Sm1smom said:
There’s no law that says someone cannot enter the US solely for the purpose of getting married, nothing is being risked here. Heard of destination wedding? As a matter of fact, two non-residents can enter the US solely for the purpose of getting married.
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There may be no law, but if there is no issue with it what is the point in K-1 visas being issued specifically for the intention of marrying in the US? They may as well not exist if you can just travel on a visa waiver, for example, and get married on a supposed whim. The potential scrutiny you would face at the border is not worth it imo, especially if you plan on seeking a green card in the future, and they will likely see your history of entering on a travel visa for more than travel. And yes, two non-residents coming to the US to get married I can understand, because there is very little risk of both of them remaining illegally once they get married.
 
epiphanyUK said:
There may be no law, but if there is no issue with it what is the point in K-1 visas being issued specifically for the intention of marrying in the US? They may as well not exist if you can just travel on a visa waiver, for example, and get married on a supposed whim. The potential scrutiny you would face at the border is not worth it imo, especially if you plan on seeking a green card in the future, and they will likely see your history of entering on a travel visa for more than travel. And yes, two non-residents coming to the US to get married I can understand, because there is very little risk of both of them remaining illegally once they get married.
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K1 are for people who want to get married and stay, and don’t mind the various hassles associated with AoS (waiting for AP and EAD, etc). Coming in to get married (nice having spouse family present for example) and then going back to await processing suits those who want to be LPRs able to work, travel etc as soon as they land. There’s another forum I’m on where many people have successfully gone this route, both via VWP and B visas.
 
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