Applying for green card from abroad

[jfgallego]

Hello,

My wife is a US citizen and we have been married for over 5 years. We have been living abroad for most of our marriage, first in Denmark and now in Switzerland. Our plan is to hopefully move back to the US in summer 2017 once our residency in the Switzerland expires (it is work related). We are aware of the consular processing and, as of now, that is what we plan to do. However, we have a couple of questions since our situation is not as common (according to many google searches):

1. I am originally from Colombia so I am not a citizen of Switzerland. Can I still do the consular processing from here as long as I can prove that I have a residence permit?
2. We have about 9 months until the possible move. Is that enough time? What happens if the process is not done and we have to leave?
3. Can I still travel as a tourist to the US while the process is underway?
4. My wife had a job until recently, and we can prove that with the tax returns. However, once she is here she won't have a job immediately since we came here because of my contract. Should we file a joint Affidavit of Support? Her dad agreed to help us with that.
5. Would this (consular processing) be easier and more stress-free than doing adjustment of status in the US? I really don't like that idea much because I feel I would be lying while entering as a tourist. Plus, we don't really want to be apart for a long time or live in Colombia while we wait.

Thanks in advance for the help!

[Adrian Gruber]

Hello,

My wife is a US citizen and we have been married for over 5 years. We have been living abroad for most of our marriage, first in Denmark and now in Switzerland. Our plan is to hopefully move back to the US in summer 2017 once our residency in the Switzerland expires (it is work related). We are aware of the consular processing and, as of now, that is what we plan to do. However, we have a couple of questions since our situation is not as common (according to many google searches):

1. I am originally from Colombia so I am not a citizen of Switzerland. Can I still do the consular processing from here as long as I can prove that I have a residence permit?
2. We have about 9 months until the possible move. Is that enough time? What happens if the process is not done and we have to leave?
3. Can I still travel as a tourist to the US while the process is underway?
4. My wife had a job until recently, and we can prove that with the tax returns. However, once she is here she won't have a job immediately since we came here because of my contract. Should we file a joint Affidavit of Support? Her dad agreed to help us with that.
5. Would this (consular processing) be easier and more stress-free than doing adjustment of status in the US? I really don't like that idea much because I feel I would be lying while entering as a tourist. Plus, we don't really want to be apart for a long time or live in Colombia while we wait.

Thanks in advance for the help!

Consular Processing
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.”

Adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to return to his/her home country to complete processing.

1. Determine Your Basis to Immigrate

The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions. To see the many different ways to get a green card, see the links to the left.

2. File the Immigrant Petition

When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf.

Family Based
Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you.