Spousal visa approved in 2000, married in US and than moved overseas. Reapply problems?

L

londonderrry

New Member
My wife received a fiance visa to travel to the United States for the purpose of marrying a US Citizen (me) in 2000. We were married in April of 2000 in New York and five months later in September 2000, we moved to Europe, where we have been living ever since. We never informed the State Department of our decision to abandon our efforts at securing a permanent visa for my wife. We just left and moved to Ireland.

We are considering moving back to the United States and wanted to know if this will negatively impact her application. I'm assuming, we have to start over again and file an application for a visa for the spouse of a US citizen. Does anyone know if this will present any problems or not? My wife is a EU (Irish) citizen and we have been living here for the last 12 years. Thanks so much in advance for any help! :cool:

Sean-
 
It should not. Even if you did not get married within the 90 days after her entry and/or she did not apply to adjust status after the marriage and thus fell out of status, your timeline indicates she did not overstay by more than six months so she did not get any entry bar. You are good to go. Yes you have to file a fresh petition. Note though that you will have to think about lining up a financial sponsor unless you can document your income/assets to meet the threshold.

Full steam ahead!
 
Income Threshold?

Thanks for clearing that up. Much appreciated! May I ask you one more question? I was looking at the Minimum Income Requirements that you mentioned, which seems to be 125% of the federal poverty level. Both of us are currently studying (so currently no income), but we would have about $300,000 in savings. I see that under certain circumstance, assets are taken into account. Would this be the case with us, or would I need to be working for a year, before I applied for a spousal visa for my wife? Thanks again! :cool:



ananga73 said:
It should not. Even if you did not get married within the 90 days after her entry and/or she did not apply to adjust status after the marriage and thus fell out of status, your timeline indicates she did not overstay by more than six months so she did not get any entry bar. You are good to go. Yes you have to file a fresh petition. Note though that you will have to think about lining up a financial sponsor unless you can document your income/assets to meet the threshold.

Full steam ahead!
Click to expand...
 
For a case based on marriage to a US citizen, every $3 of acceptable assets reduces the income requirement by $1. So you easily have enough assets that it won't matter that you have no income.

But I hope you've been filing US tax returns while you were living in Europe. If you didn't, that could present a problem.
 
Thanks Jack!!!!

Thanks Jack, Much appreciated. Yes, the long arm of Uncle Sam is here too, regarding taxes!


Jackolantern said:
For a case based on marriage to a US citizen, every $3 of acceptable assets reduces the income requirement by $1. So you easily have enough assets that it won't matter that you have no income.

But I hope you've been filing US tax returns while you were living in Europe. If you didn't, that could present a problem.
Click to expand...
 
You must log in or register to reply here.
Top