Is form I-864 required if filing outside the U.S.

[Heatherw]

Hello, I am filing for a green card for my spouse, and we both currently live and work in Mexico. Reading the I-864 instructions, it looks like it might be difficult for me to prove that I can financially support him since I work outside of the country, and obviously if we immigrate to the U.S. My Mexico income no longer applies. I was doing some research and found on the government website that the NVC does not review I-864 forms if they are filed outside of the U.S. I am now wondering...am I even required to file form i-864 if I am filing for his green card from Mexico? If I do need to file it, are they going to consider my foreign income?

[MaryH]

U cannot petition adjustment of status, for your spouse and you are out of the USA. (As u r aware)

If your job is a USA job, example, being in the US Army, then you Tax Returns can absolutely, be used; other than that you may need to get a Joint Sponsor.

[Heatherw]

We will be filing the I-130 for spouse and not adjustment of status. I work for a Mexican company, but I do still file my US federal taxes and claim the foreign income.

[rayb]

The NVC does expect and does review I-864 forms with supporting documents when an I-130 petition is being processed for a visa applicant outside of the U.S.

You will need to provide proof of U.S.-based income since you are presumed to be resuming a U.S. domicile, or come up with a U.S. based co-sponsor.

--Ray B

Hello, I am filing for a green card for my spouse, and we both currently live and work in Mexico. Reading the I-864 instructions, it looks like it might be difficult for me to prove that I can financially support him since I work outside of the country, and obviously if we immigrate to the U.S. My Mexico income no longer applies. I was doing some research and found on the government website that the NVC does not review I-864 forms if they are filed outside of the U.S. I am now wondering...am I even required to file form i-864 if I am filing for his green card from Mexico? If I do need to file it, are they going to consider my foreign income?

[Heatherw]

Thanks for the response rayb. Looks like my best option may be to have a co-sponsor. I am dreading the thought of us being apart for a long period of time, so I would rather try to complete the entire process from Mexico if possible.

Is it at all possible for me to file the I-130 while both of us are in Mexico, and when we get the notification to submit the I-864 with financial documentation, I move to our address in the US, obtain a job, and then submit the form? Do they give a time limit on sending in forms and documentation?

Another question, if I receive a job offer that is not in the same area as the address I used on the I-130, will it be a problem to change addresses in between processing? When and how would I inform them of an address change? Right now we ae intending to move where I currenty have an address but there is a small possibility that I may have a job offer in another state.

Thanks for all of the information, this forum has been a great help to me.