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-   -   Spouse visa not living in USA (https://britishexpats.com/forum/marriage-based-visas-35/spouse-visa-not-living-usa-942365/)

PaigeCatherine Jan 15th 2022 10:52 am

Spouse visa not living in USA
 
Good morning!
i hope someone can help. Myself and my fiancé are looking at moving to the USA after our marriage in August. What I wondered was I am a US citizen by birth and hold a US and UK passport. I do not live in the states, and I do not want to move there until my partner can come with me. Will this be a problem going forward when applying for the petition as I am not in the USA?
We also hoped someone could help us with looking at the safest cities in the US
Thank you!

SanDiegogirl Jan 15th 2022 4:00 pm

Re: Spouse visa not living in USA
 

Originally Posted by PaigeCatherine (Post 13088225)
Good morning!
i hope someone can help. Myself and my fiancé are looking at moving to the USA after our marriage in August. What I wondered was I am a US citizen by birth and hold a US and UK passport. I do not live in the states, and I do not want to move there until my partner can come with me. Will this be a problem going forward when applying for the petition as I am not in the USA?
We also hoped someone could help us with looking at the safest cities in the US
Thank you!

No problem at all.......once married you petition your husband from whatever country you currently live in.
https://www.uscis.gov/green-card/gre...-of-us-citizen

How long is a piece of string with regard safest cities.....?


Noorah101 Jan 15th 2022 4:01 pm

Re: Spouse visa not living in USA
 
You will need to find a way to meet the financial requirements of the I-864 affidavit of support, since you won't have a US income.

You will need a USA address for the green card to get mailed to. That can be a friend or relative's address.

Other than that, it shouldn't be a problem.

Rene

tom169 Jan 15th 2022 8:23 pm

Re: Spouse visa not living in USA
 
You do have to prove intent to reestablish domicile in the USA. This could be you taking a visit to find a place to live, interviewing for jobs, etc.

Pulaski Jan 21st 2022 2:26 pm

Re: Spouse visa not living in USA
 
This really isn't much of a problem and is exactly what my wife did to sponsor me for a visa/ green card - she was a USC resident in the UK at the time. The extent to which it will be challenging is whether you, as a couple (all assets are joint assets if you're married) have sufficient assets to apply using the asset basis for sponsorship - if you don't have the assets (and don't have a relative or friend who will be a joint sponsor) then you might have to travel ahead and start working so you have the income to sponsor your spouse.

Proof of intent to domicile appears to be a non-issue for the London Embassy (unless something has changed in recent years). Taking some papers to show that you are applying for jobs and looking at houses on-line is what people generally do, but it seems as if the London embassy shows little or no interest.

tht Jan 21st 2022 2:55 pm

Re: Spouse visa not living in USA
 

Originally Posted by PaigeCatherine (Post 13088225)
Good morning!
i hope someone can help. Myself and my fiancé are looking at moving to the USA after our marriage in August. What I wondered was I am a US citizen by birth and hold a US and UK passport. I do not live in the states, and I do not want to move there until my partner can come with me. Will this be a problem going forward when applying for the petition as I am not in the USA?
We also hoped someone could help us with looking at the safest cities in the US
Thank you!

You make it sound like you have not lived there in a long time? Make sure you also have all your non immigration related obligations up to date. Your annual US tax returns, your annual FBAR (if you have ever had more than $10k in assets/account balances in the UK) fillings etc… not sure what age these start at, but would not be good to move to the US and have the IRS and FinCen after you…


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