Can a U.S. Citizen Living Abroad Petition for a Green Card for a Spouse?

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  • เผยแพร่เมื่อ 22 ต.ค. 2024

ความคิดเห็น • 46

  • @ventastradical5979
    @ventastradical5979 2 ปีที่แล้ว +3

    Thanks for clarifying this case taht applies to me Erick. Excellent video

  • @ismailmohammed5797
    @ismailmohammed5797 2 ปีที่แล้ว +2

    Thank you for clarifying Erick. It was helpful

  • @jbos9142
    @jbos9142 6 หลายเดือนก่อน

    Thank you for this amazing video and the information you provide is extremely appreciated.
    I wanted to ask your opinion and maybe you can provide me with some steps that could avoid drama for after :)
    My questions are:
    A little bit of context for the questions:
    I started the process inside the US for my wife who is outside the US, but throughout the waiting process I moved out of the US and now we have received the approval of the I-130 and received the message (email) that we need to start the process for her interview and so on for her.
    1- Now my question is in this case what should be the right step to take.
    2- You mention I need to show that I have a domicile in the US , what does that mean exactly?
    Like have something where my bills go or mail and so on? Because I only have my bank account where I get deposited and so on and it's showing the address.
    4- Do I need to always do both forms-the co-sponsor ( if need it) and the Affidavit (for me as a sponsor) also right?
    What if I just lost my job but I did tax this year, will this affect the process?
    5- Can I have a co-sponsor even if I don't plan to live in the US or return?
    6- And the step of co-sponsor and so on has to be done at the time I'm doing the DS 260, is that correct?
    Thank you in advance for your time and help, your information is helping so much in these difficult steps.

  • @hannahradigan6672
    @hannahradigan6672 ปีที่แล้ว +2

    How do you prove your relationship with your foreign spouse if you’re living in the US? For example they often look for a shared address, shared bank account, etc. for proof, but it seems contradictory if you’re also expected to have ties to the US. Are photos and texts enough proof in that case? Hope my question makes sense.

  • @albertoromo2012
    @albertoromo2012 ปีที่แล้ว +1

    Dear Erick, You re such a good lawyer.
    Have a question: my 13 yr old son was born in Mexico. His immigrant visa recently approved. The CDJuarez Consulate offered me to process his citizenship and I set up an appointment on March 6. I have 4 years of physical presence shown on my SSA Earnings Record. Will my son be denied citizenship because of that ?
    I do have a domicile and bank and Dr's appointments although they are after my son's birth. What to do ?

  • @albertoromo2012
    @albertoromo2012 ปีที่แล้ว +1

    Please explain further the 5 yr residence prior to child of u.s. citizen as a requirement for citizenship. My ssa earnings record show only 4. My son is 13 with immigrant visa approved

  • @kenkoh1724
    @kenkoh1724 2 ปีที่แล้ว +1

    Can an 81 year American citizen living in UK for 20 years, apply a green card for his British wife of 26 years? They are retired and plan to go back and live with family. He's benn retire for over 20 years with no connection in the US.

  • @irinayaychenya4598
    @irinayaychenya4598 4 หลายเดือนก่อน

    Hello, my sister is trying to petition for her spouse. She has resided in Germany for the past 12 years. She doesnt pay taxes in the US. She does however have a US drivers license linked to an address here. She has 5 siblings and two parents here. Is that enough to establish domicile?

  • @soareagle1111
    @soareagle1111 ปีที่แล้ว

    Erick, I really need your advice for my application of the Green Card in the US. Currently, my wife who is a naturalized US citizen, is working and living in the US. However, due to my family commitments to my now deceased mother, I failed to establish my residency status while I was in the United States. Hence, I am currently living apart from my wife in my country of birth, Singapore. Many regrets but that is life, I desperately need to get my residency application going. I previously studied and worked in the US for 8 years. In the event, I completed both a Bachelor's degree and an MBA during my stay in the US. Even though I did achieve a great deal in the US but ironically missed out on the most important aspect. That is, to establish my residency there. My preference has always been to live in the US instead of Singapore. This has not changed over the past 30 years. I really need your professional advice on this.

  • @sankhjohnrojsawangthip8974
    @sankhjohnrojsawangthip8974 5 หลายเดือนก่อน

    My son is US Citizen and turning 21 years old next month but we all live in Canada. Can my son petition us to the USA?

  • @10lessons-d4u
    @10lessons-d4u ปีที่แล้ว

    I have been living outside the United States for the past two years. I do still have a Florida drivers license and Florida mailing address, banking ties, and a phone bill. I also file taxes and receive Social Security payments. When I travel back and forth to the USA, I live with my retired sister which is also my mailing address. Would this be enough to show domicile?

  • @Kapalua606
    @Kapalua606 3 ปีที่แล้ว +2

    Hello Erick, thanks for the video. When living abroad, the domicile changes to that part of the world I am living in. That being said, the last part of your video talks about re-establishing domicile by getting a drivers license, or finding a permanent residence. But that can't realistically happen while living abroad, because I have to maintain that domicile in the country I live in up until I move back to my home country (the U.S.). Is that a correct assumption?
    Most U.S. citizens I know living currently in Europe, have their drivers license expired and possibly have some U.S. bank account ties. So, is the USCIS or U.S. State Department flexible in those situations?
    Thanks and have a nice day!

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว

      Hi, thank you for watching our video! It can be tricky, but certainly possible, to prove domicile while you are living abroad. We encourage you to give us a call at 503-427-8243 or send us an email at support@passage.law to ask us your questions and potentially set up a consultation with an attorney.

  • @TimeisUp22
    @TimeisUp22 3 ปีที่แล้ว +2

    When living overseas, do we send the application/documents to the US embassy in our spouses home country? Or do we mail them overseas to immigration in our US state?

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว

      Hi Kerena, thank you for watching our video! We encourage you to give us a call at 503-427-8243 or send us an email at support@passage.law to ask us your questions and potentially set up a consultation with an attorney. You may also find some helpful guidance from USCIS on how to file an I-130 petition here: www.uscis.gov/i-130

  • @JG-pw1wp
    @JG-pw1wp ปีที่แล้ว

    I have bank accounts, investments, and personal insurance in the US. I am a US citizen living abroad. I am Petitioning for my wife. We have a child who has US passport and just received her SSN. We are missionaries working for our own non-profit. The non-profit is registered in Iowa. My income is below the level required to file taxes so I did not file taxes in 2021. Do I need to file these taxes in order to prove domicile or will I have sufficient evidence to not worry about filing taxes?

  • @lourdeslorp
    @lourdeslorp 2 ปีที่แล้ว +2

    I´m a US citizen living abroad for about 10 years.Haven´t filed taxes since then. My partner and I are thinking about moving to the US for good. Our daughter is also a US citizen through a CRBA certificate. What chances do I have of actually bringing my fiancee to the US without me having to go first? Can she apply for a tourist visa ? If so, does she have any shot at getting it? or would getting married improve her chances?

    • @rbkglz4901
      @rbkglz4901 2 ปีที่แล้ว

      You need a financial sponsor to bring someone to the US, this sponsor must show income taxes with certain income, if none of you work in the US, youll need to find someone. it depends on your situation. Please speak with a good advisor. Please take this into comsideration, Once you get married, if he applies for a visa tourist, it will be denied, the requirements for bonafide marriage are extremely difficult, besides if you live in a country where english is not the official language you will need everything translated. . I am not a immigration lawyer, i hired a bad lawyer and now I need to search for the info myself

    • @IzazAli-y6k
      @IzazAli-y6k 5 หลายเดือนก่อน

      @@rbkglz4901 Hey! Please let me know if you have found any good lawyer. I need consultation regarding my I-130. Thanks

  • @celiamaria6751
    @celiamaria6751 ปีที่แล้ว

    I was born in the United States in 1989 but have never lived in the United States. Now I want to petition for my husband and children who are Mexican nationals. We live in Mexico and have no one in the US. Can I petition for them.? Do I need to go and live in then USA first? What can I do?

  • @greenorbitstandardsystem85
    @greenorbitstandardsystem85 ปีที่แล้ว

    THank you dear

  • @nowar4575
    @nowar4575 ปีที่แล้ว

    I am a US citizen have all the documents to prove domicile like business, property, tax return etc.
    My wife has received her green card but we like to go live abroad due to parents illness.
    She has already been in US 14 months and has a 10 year type green card.
    Can she be with my (US) citizen?
    Please advise me
    Thanks

  • @dr.m-beenzunamwiinganakazw9106
    @dr.m-beenzunamwiinganakazw9106 2 ปีที่แล้ว

    What of a U.S Citizen spouse who have retired & have moved overseas completely.?

  • @skepticsquirrel7560
    @skepticsquirrel7560 3 ปีที่แล้ว +2

    I’m abroad and never had solid domicile since I was a kid in the US, Could I bring my husband with me for a visit for one month to see if he likes it there and wants to move later? And if so, do you recommend I try to secure domicile status while I visit? And what would be a minimum requirement for that?
    Or if I wanted to apply for immigration visa for my spouse later on, I have to move back first, establish domicile (get an apartment, state ID, maybe a job if possible- I would have investments and funds already though) for a few months before applying for it?

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว +1

      Hello thanks for your comment. It is likely that your husband can obtain a regular visitor visa if he is only hoping to visit for a month. Additionally, maintaining domicile will be very important and can be done, even if you are not residing in the U.S. Feel free to contact our office via email: support@passage.law or give us a call at (503) 427-8243 for more information or to schedule a consultation for more details on your husbands case. Thank you!

    • @kiana.vharvey
      @kiana.vharvey ปีที่แล้ว

      Hey, I'm in exactly the same situation as you! What did you end up doing? Did you get information on this?
      I'm a US citizen and last time I lived in the USA I was a child, 8 years old. I came to live in Brazil with my grandparents, grew up here and ended up marrying a Brazilian man. He has been to the US with me on a tourist visa some years ago - we visited my mother who still lives in Florida. Now we are considering moving to the US together. How to proceed?😅

  • @francishunter975
    @francishunter975 3 ปีที่แล้ว +1

    Married for 14 years with a US citizen with 4 kids....I’m Guatemalan, we are missionaries in Colombia. Can we file for a spouse visa and stay living abroad? I juts want to be be able to travel and stay needed time when we are on furlough.... (tourist visa gives me a limited time). we don’t want to live in the States for now. Thanks!

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว

      Hi Francis - yes it is definitely possible to file while your petitioner husband is living abroad with you. However, to complete the process with the NVC and the Embassy he will need to show that he has maintained or re-established his domicile in the U.S.

  • @healthylife6987
    @healthylife6987 2 ปีที่แล้ว

    Hello, if you are slef employee and you lost due to covid pandamic would that denied the case when sending affidavit support! Business still running but lost done last year thank you

  • @karinathiesen7778
    @karinathiesen7778 ปีที่แล้ว

    I moved abroad with my husband and we are planning on moving back to the US after he finishes school. I have the ties, but I'm conserned about the financial part of me supporting him, as I work and get paid in the foreign country in their currency. Will this be a problem? Thanks in advance!

    • @larissashomeinteriors8821
      @larissashomeinteriors8821 ปีที่แล้ว +1

      Hi Karina, I'm in a similar situation. My husband is a US citizen who moved abroad temporarily. We met abroad and are still living abroad. He petitioned for me for an IR1 visa. The I-130 was approved by USCIS but the National Visa Center came back to us after we submitted our documents, asking for proof of domicile for him and that we would need a joint financial sponsor. My husband was making well above the US minimum to financially support me but it seems like they denied him as the financial sponsor where he isn't earning USD. We submitted documents they requested showing he is still domiciled in the States and had my father in law who lives there be the financial sponser. Once those documents were submitted the National Visa Center approved our case and sent it to our embassy for the interview. I wish we had known this sooner so the National Visa Center didn't come back looking for more documents as we had to wait another 3 months after submitting additional documents. Hope this helps!

    • @Miharu67
      @Miharu67 ปีที่แล้ว

      @@larissashomeinteriors8821 Hi Larissa. Thanks for sharing your story. Can i ask you something? My husband is living in Bangladesh. If I work in Bangladesh and my Bangladeshi job pays enough money to meet the income requirement to sponsor him, will they accept my husband's greencard application? Or is it necessary to have a job in the US? I will still file US taxes, but my job will be in Bangladesh. And I am his only sponsor (i dont have any joint sponsor).

    • @marycarlamartin
      @marycarlamartin ปีที่แล้ว

      ​@@larissashomeinteriors8821 Hey Larissa! I'm in the same boat! If you see my comment I would love to know what type of documents did your husband send to show proof of domicile in the U. S besides a rent contract?! Thanks! 🙏🙏🥰

  • @kimeguilarte6696
    @kimeguilarte6696 ปีที่แล้ว

    hello .i am a canadian citizen married to an amenican citizen. we have been together for about 25 years, but we decided to get married
    about two years ago.we both live in canada, but we travel almost every week to washington since we have a property there
    (canada is our main home).my question is this :Is it better for me to apply for a USA citizenship while i am inside the USA, or is it better to apply from Canada , and what will happenings after the application has been sent, am I still going to be able to go in and out of USA .my job is in canada, so I usually go to the USA in my days off, thanks!

    • @abdullahalmussallam4426
      @abdullahalmussallam4426 2 หลายเดือนก่อน

      Only U.S. green card holders (permanent residents) can apply for citizenship after residing in the U.S. for 3-5 years. If you don't plan to permanently move to the U.S., obtaining a green card isn't necessary since it requires living in the U.S. with your spouse. As a Canadian citizen, you can visit the U.S. for tourism purposes for up to 6 months per visit without a visa, which might be sufficient for you.
      However, if you do plan to move to the U.S. with your spouse, the first step is to apply for a green card, usually from outside the U.S. (in Canada). Your American spouse must prove their residence or connections to the U.S. before they can sponsor you. The process involves proving a genuine marriage, enduring long processing times, and attending interviews at the U.S. consulate in your city. Once approved, you'll have a six-month window to move to the U.S. and receive your green card, allowing you to live and work there indefinitely. However, you must reside in the U.S., as extended time outside the U.S. can result in your green card being revoked.
      After holding your green card for three years, provided you have been in a valid legal marriage with your spouse, you will become eligible for U.S. citizenship. Citizenship grants you the right to live and work in the U.S., vote in federal elections, and hold a U.S. passport. As a citizen, you can spend as much time outside the U.S. as you like without losing your status.
      Hope this helped!

  • @xavitheta5190
    @xavitheta5190 2 ปีที่แล้ว

    Do you do consultation work?

    • @ErickWidman
      @ErickWidman  2 ปีที่แล้ว

      Hi, XaVi. Yes. We highly encourage you to email us at support@passage.law. Thank you!

  • @cyndalljardinel
    @cyndalljardinel 3 ปีที่แล้ว

    Hi, my husband is half german and half us citizen. He lived all his life in Germany but now he got a job offer from the US. We would like to move there. I am a philippine citizen. Could you help us with that? I am planning to acquire your services, if that is the case. Thanks!

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว

      Hi Hannah, thank you for watching our video! We would be happy to handle your case - we encourage you to give us a call at 503-427-8243 or send us an email at support@passage.law to set up a consultation with an attorney.

  • @rsksenthil
    @rsksenthil 3 ปีที่แล้ว +1

    Dear Sir/Madam,
    I am Senthilkumar living in Singapore, my daughter is a US Citizen who is 18+ yrs of age and she is also living with us in Singapore. She would like to pursue a bachelor's degree there in 2024. I would like to explore n option of getting sponsor us for a Green card by her at the age of 21. This way we don't have to send her alone.
    My next question is that since she is living overseas with us, can she sponsor us from Singapore itself when she turns 21 . Kindly advise further on this

    • @ErickWidman
      @ErickWidman  3 ปีที่แล้ว

      Hi, thank you for watching our video! These are great questions. We encourage you to give us a call at 503-427-8243 or send us an email at support@passage.law to ask us your questions and potentially set up a consultation with an attorney.

    • @rbkglz4901
      @rbkglz4901 2 ปีที่แล้ว

      To be a financial sponsor, they ask you for the tax returns with certain annual income, if she needs to sponsor two parents the income requirement is higher. She would have to go to the US and find a job with a good salary over there with an Identification and US domicile to meet that requirement. Or maybe a home office job, please find a good advisor, I hire an attorney office and the paralegal is not giving me the correct advice.

  • @uncensoredtold
    @uncensoredtold 2 ปีที่แล้ว

    I am a Canadian citizen my wife is a US citizen we get married in the US back in 2019 we decided to live in Canada and she got her Canadian permanent resident. Now we are planning to move to the US we filed I-130 we both still living in Canada and working full time. Is it possible to get approved while she’s living here with me or she has to move back to the US first alone? And in the consulate interview does she have to be with me in the interview. Thanks

    • @ErickWidman
      @ErickWidman  2 ปีที่แล้ว

      Hello Canadian Adventure, based on your question -Yes she will need to move back to the U.S. at the end of the process to "reestablish domicile." She'll need to move back to the U.S. prior to your interview

    • @uncensoredtold
      @uncensoredtold 2 ปีที่แล้ว

      @@ErickWidman that was informative. Thank you!

  • @jbos9142
    @jbos9142 6 หลายเดือนก่อน

    Thank you for this amazing video and the information you provide is extremely appreciated.
    I wanted to ask your opinion and maybe you can provide me with some steps that could avoid drama for after :)
    My questions are:
    A little bit of context for the questions:
    I started the process inside the US for my wife who is outside the US, but throughout the waiting process I moved out of the US and now we have received the approval of the I-130 and received the message (email) that we need to start the process for her interview and so on for her.
    1- Now my question is in this case what should be the right step to take.
    2- You mention I need to show that I have a domicile in the US , what does that mean exactly?
    Like have something where my bills go or mail and so on? Because I only have my bank account where I get deposited and so on and it's showing the address.
    4- Do I need to always do both forms-the co-sponsor ( if need it) and the Affidavit (for me as a sponsor) also right?
    What if I just lost my job but I did tax this year, will this affect the process?
    5- Can I have a co-sponsor even if I don't plan to live in the US or return?
    6- And the step of co-sponsor and so on has to be done at the time I'm doing the DS 260, is that correct?
    Thank you in advance for your time and help, your information is helping so much in these difficult steps.