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Can I file an immigrant visa petition for my husband while I am living abroad?

Mobile, AL |

I am a US citizen and I want to start the green card process from my husband. We lived together outside the US for the last few years.
It is possible for me to file an immigrant visa petition for my husband while I am living abroad?
If I have no job and no income in the last two years can I use just assets that I own to cover the ammount required for the Affidavit of Support?

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Attorney answers 3

Posted

You can file the i-130 while you are abroad but eventually would have to move. As far as affidavit of support, depending on the amount of the assets it may or may not be enough to cover him under the guidelines

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Asker

Posted

Thank you Irene. Can I stay abroad until my husband is receiving his immigrant visa and come back together in the US after?

Irene Vaisman

Irene Vaisman

Posted

You can file the I-130 while abroad. Once you get to the stage of consular processing, i believe you will need to come back to the US.

Posted

Yes, you can sponsor your husband for an immigrant visa even if you are currently living abroad. I would advise speaking to an experienced immigration attorney about the Affidavit of Support requirements and using assets to qualify.

Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: lisa.tehlirian@ellisporter.com For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Asker

Posted

Thank you Lisa. Can I stay abroad until my husband is receiving his immigrant visa and come back together in the US after?

Lisa A. Tehlirian

Lisa A. Tehlirian

Posted

You're welcome. Yes, you are able to stay abroad while your husband completes the immigrant visa process.

Posted

That's why we have K3 visas, and that's what you should file.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Thank you Stephen. I understand that is quicker to obtain the green card using the consular processing than using the adjustment of status procedure and that is the reason that I will prefere to not use the K3 if it is possible.

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