Easier to file I-130 outside of US or in US?

[clynnb]

I am a US citizen and my husband is Ecuadorian. We got married less than a year ago and I moved to Ecuador. We are considering moving to the states. Right now, he only has a tourist visa. Would it be easier to apply from Ecuador with the I-130 and wait until he gets approved for a visa here and then move to the US or should we go ahead and move to the US and immediately file the paperwork there (which I believe would include the I-130 and I485)? My problem now is that I don't have employment in the US so I'm not 100% sure if I can technically file the Affadavit of Support because I technically can't support him until I get back to the US and find a job. If we go ahead and move to the US, I can quickly find a job and start supporting us and actually be able to fill out the Affadavit of Support. Does anyone have any experience with this and/or deciding whether to file before or after moving back to the US? Thanks!

[Awan96]

In my humble opinion,it will be better if you both come in US and file here coz it will be more quick process. If you don't have a job or your income is not sufficient then you can find joint sponsor as well.

Good Luck....

I am a US citizen and my husband is Ecuadorian. We got married less than a year ago and I moved to Ecuador. We are considering moving to the states. Right now, he only has a tourist visa. Would it be easier to apply from Ecuador with the I-130 and wait until he gets approved for a visa here and then move to the US or should we go ahead and move to the US and immediately file the paperwork there (which I believe would include the I-130 and I485)? My problem now is that I don't have employment in the US so I'm not 100% sure if I can technically file the Affadavit of Support because I technically can't support him until I get back to the US and find a job. If we go ahead and move to the US, I can quickly find a job and start supporting us and actually be able to fill out the Affadavit of Support. Does anyone have any experience with this and/or deciding whether to file before or after moving back to the US? Thanks!

[WhoDaDaddy]

I am a US citizen and my husband is Ecuadorian. We got married less than a year ago and I moved to Ecuador. We are considering moving to the states. Right now, he only has a tourist visa. Would it be easier to apply from Ecuador with the I-130 and wait until he gets approved for a visa here and then move to the US or should we go ahead and move to the US and immediately file the paperwork there (which I believe would include the I-130 and I485)? My problem now is that I don't have employment in the US so I'm not 100% sure if I can technically file the Affadavit of Support because I technically can't support him until I get back to the US and find a job. If we go ahead and move to the US, I can quickly find a job and start supporting us and actually be able to fill out the Affadavit of Support. Does anyone have any experience with this and/or deciding whether to file before or after moving back to the US? Thanks!

What you are proposing is a risky process. If your spouse does come to the US under the tourist visa and upon meeting the border patrol officer states the intention to settle he will be turned away immediately as the B1/B2 visa is for non immigrant purposes hence the "tourist" element.

If he states he's here on holiday then he's not bring truthful and will have entered under false pretences which will be considered as visa fraud!
Of course you may have a situation that means he's coming in "temporarily" and circumstances change meaning you start the AOS process. All depends on how convincing your story is!

The previous poster is correct in that the process does appear to be quicker if you are in the US.
Not having a US income is not necessarily an issue although as the petioner you must complete an I-864 form, you can then obtain a co sponsor to meet the required financial poverty guidelines.

Look at the requirements for the I-864 form (filing of taxes, income levels etc) as well as all the other documents you will need. Be sure you know which route is best for you and weigh the pro's and cons.
Note many people are in your situation and find ways of initiating the AOS route rather than the consular processing route which would mean you being apart so not so appetising to many couples/families. I'm sure you will find a way for it to work ;-).