A few spouse visa questions

[lukehimself]

Hi,

I've been reading up on getting a green card for myself through my American citizen partner as we plan to move back there. Thank you for all the information on this forum - it has helped so much already.

We are currently living in Australia with our 10-month-old son (a dual American/Australian citizen). We will either marry in Australia and apply for the IR-1 spouse visa or apply for the Fiance (K-1) visa and marry in the USA.

After all my research I still had some questions that I was hoping someone could help me with:

1. On either the IR-1 or K-1, if I put the Permission for Work Authorization (Form I-765) and Request for Travel Documents (I-131) with my application, can I enter to the USA and work straight away, or are there other requirements?

2. I understand my partner either needs to be in the USA when she applies to sponsor me, or have proof she is returning. Is enrolling for college (which she is planning to do) enough to prove she will reestablish her domicile in the USA (she has a permanent residence visa in Australia)?

3. My partner is currently unemployed as she is a stay-at-home mum so I was concerned about the Form I-134 Affidavit of Support. We have quite a lot of savings in a joint account - will this be OK to cover the support if it meets the 125% poverty line level? Can her dad sign as a joint sponsor otherwise?

Thank you in advance!

[rayb]

First thing you should decide is whether you will apply for a fiance visa (K1) or a spousal visa (IR-1 or CR-1), as the documentation requirements are different for each. Please see my comments following each of your numbered items below, in CAPS:

Hi,

I've been reading up on getting a green card for myself through my American citizen partner as we plan to move back there. Thank you for all the information on this forum - it has helped so much already.

We are currently living in Australia with our 10-month-old son (a dual American/Australian citizen). We will either marry in Australia and apply for the IR-1 spouse visa or apply for the Fiance (K-1) visa and marry in the USA.

After all my research I still had some questions that I was hoping someone could help me with:

1. On either the IR-1 or K-1, if I put the Permission for Work Authorization (Form I-765) and Request for Travel Documents (I-131) with my application, can I enter to the USA and work straight away, or are there other requirements?

NO. THE IR-1 VISA AUTOMATICALLY PROVIDES 'RIGHT TO WORK' AUTHORITY AFTER ARRIVAL, SOON AS YOU HAVE A SOCIAL SECURITY NUMBER, WHICH ARRIVES AUTOMATICALLY ABOUT 30 DAYS AFTER YOUR ARRIVAL.

A K1 ENTRANT HAS RIGHT WORK, IN THEORY, FOR THE 90-DAY VISA PERIOD, BUT MUST THEN OBTAIN A TEMPORARY EMPLOYMENT AUTHORIZATION, WITH FORM I-765, WHILE WAITING FOR COMPLETION OF THE ADJUSTMENT OF STATUS PROCESS TO APPLY FOR A GREEN CARD.



2. I understand my partner either needs to be in the USA when she applies to sponsor me, or have proof she is returning. Is enrolling for college (which she is planning to do) enough to prove she will reestablish her domicile in the USA (she has a permanent residence visa in Australia)?

RIGHT....A U.S. ADDRESS SHOULD BE ON ALL YOUR PETITION PAPERWORK, AND SHE MUST ALREADY BE IN THE U.S. WHEN YOU ARE INTERVIEWED OR HAVE PROOF THAT SHE IS RETURNING TO THE U.S. WITH YOU.

3. My partner is currently unemployed as she is a stay-at-home mum so I was concerned about the Form I-134 Affidavit of Support. We have quite a lot of savings in a joint account - will this be OK to cover the support if it meets the 125% poverty line level? Can her dad sign as a joint sponsor otherwise?

THE I-134, AFFIDAVIT OF SUPPORT, IS USED FOR A K1, FIANCEE, VISA.
THE I-864, AFFIDAVIT OF SUPPORT, IS USED FOR AN CR-1/IR-1 SPOUSAL IMMIGRANT VISA APPLICATION.

IF NO CURRENT EMPLOYMENT, YOUR WIFE'S AVAILABLE CASH SHOULD BE IN THE AREA OF ABOUT $100,000 (U.S.), 5 TIMES THE NEEDED ANNUAL INCOME AMOUNT, OR A QUALIFIED CO-SPONSOR SHOULD PROVIDE SPONSORSHIP DOCUMENTATION.

Thank you in advance!

[lukehimself]

Hi rayb,

Thank you so much - that is very helpful. Can you help with some further clarification?

1. So with the IR-1, once I send in my visa documents, can I apply for work authorisation at the same time while the visa decision is pending? I understand I get work authorisation once a visa is granted, what I want to know is can I apply for work authorisation when I initially apply for the visa, so I can work while I wait out the visa decision. We are trying to work out a way we can both be in the USA, without me having no right to work. (I already have a social security number from previous employment in the US).

2. Is a plane ticket enough to prove she is returning (as well as her signing up for college for extra evidence)?

3. Thank you for clarifying the two different forms to use here. We do not have as much as $100k. What are the requirements for a co-sponsor? Can it be anyone in her family or are there certain restrictions on this?

Thank you

[rayb]

Luke,

Please see my responses in CAPS below:

Hi rayb,

Thank you so much - that is very helpful. Can you help with some further clarification?

1. So with the IR-1, once I send in my visa documents, can I apply for work authorisation at the same time while the visa decision is pending? I understand I get work authorisation once a visa is granted, what I want to know is can I apply for work authorisation when I initially apply for the visa, so I can work while I wait out the visa decision. We are trying to work out a way we can both be in the USA, without me having no right to work. (I already have a social security number from previous employment in the US).

IF BEING PROCESSED FOR AN IR-1 SPOUSAL VISA ABROAD, YOU WILL BE WORK AUTHORIZED SOON AS YOU ENTER THE U.S. WITH THAT VISA, AFTER YOU RECEIVE YOUR SOCIAL SECURITY NUMBER.

IF YOU USE THE K1 FIANCE VISA PROCEDURE, YOU ARE NOT WORK AUTHORIZED (BEYOND THE INITIAL 90 DAYS) FOR ABOUT THREE MONTHS AFTER YOUR ADJUSTMENT OF STATUS DOCUMENTS ARE SUBMITTED, WITH AN I-765, AND YOU THEN GET AN INTERIM WORK AUTHORIZATION, PENDING APPROVAL OF GREEN CARD.

2. Is a plane ticket enough to prove she is returning (as well as her signing up for college for extra evidence)?

IF YOUR WIFE USES A U.S. ADDRESS FOR ALL IMMIGRATION-RELATED MAIL, SHE IS NOT LIKELY TO BE HASSLED ABOUT HER DOMICILE AT YOUR INTERVIEW.

3. Thank you for clarifying the two different forms to use here. We do not have as much as $100k. What are the requirements for a co-sponsor? Can it be anyone in her family or are there certain restrictions on this?

FOR AN IMMIGRANT VISA (IR-1), ANYONE WHO MEETS THE INCOME AND TAX RETURN REQUIREMENTS CAN BE A CO-SPONSOR.

--Ray B

Thank you

[lukehimself]

You're awesome rayb, thanks so much!