a very specific case...please help

[bsc1280]

Hi All,

I have a very specific case and have read a lot of information on websites but it does not fit in well


I am from Pakistan and work here in Tokyo....I have been here for 1.5 years.
My wife is a US born national but moved to Pakistan when she was 5 and have not gone back since then.

We were married in Jan 2006 and now I am planning to move to the US. I read somewhere that she has to apply for I-130. Can she do that for me although she does not live in US (and intends to move with me only)?

She is a housewife and does not work. Can she still file it for me? I work in a bank and def. earn a good amoutn of money ( 75 k us/year)..we have some property in Pakistan for aorund 50k us$ as well. Can she do file it for me and show my pay for income? She has also not yet paid any taxes with IRS........

I work in tokyo and dont want this to effect my career...what I was planning to do is to 1. my fle files the petition..2. while its beign processed, i apply to US and get a job 3. Get the visa and goto US to work...
now here..if I have appled for a k3 visa..while its being processed, can I apply for jobs? an i tell m,my prospective employers that i have applied fo3 K-3 or have an K-3 visa approved..I dont know how does this work?
or shall I simply look for jobs and ask them to sponsor h-1b for me....

Sorry for the long post..but all these question would help me make an informed decision.

Thanks a lot for yoru help
Bilal

[bsc1280]

thanks for the help ...really...

one more thing...for H1..if they come to know my wife is a USC , they might suspect i am coming there to apply for immigration later...do you think this can add complexities...i can try asking my bank to transfer me to US...if possible

is there any other way she can establish a US domicile without actually going there before me...i hrd you have to 'locate' a house..open a bank account (that i can do)...any relatively easy things she can do ?........

thanks again....

[bsc1280]

thanks for information...

it seems that she will have to go there before me with the kid and then do all that reg, school and mortgage...thats going to be tough
will she have to stay in US all the while when the petition is being approved?
is there any way she does have to come to US before me...

regarding the job...i am confused...if i apply for some job...can i tell the company i wont need an H1b and my wife will be sponsoring a k-3 visa for me...i doubt anyone would wait for all petition approval and other stuff to give me the offer ...

many thanks....

[wowswift]

this is complexed , she is required to have US domicile in order to be able to apply for immigrant relative. H1 for you may be best option and while you are in US working and living here with her , she will reestablish domicile and then can later on petition for you to adjust status to greencard. Let me do more research for you and I will repost later any new info.

are you sure about this? I have a similar situation, except I am the American (I posted my thread before) and I have been reading, and basically I was wondering the same thing because I was reading the instructions for the I-130 and it has instructions for people who are not living in the US

This is what it says (from the USCIS.gov site):

Petitioners residing abroad: If you live in Canada, file yourpetition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioningfor your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for thosein Quebec City. If you reside elsewhere outside the UnitedStates. file your relative petition at the USCIS office overseasor the U.S. Embassy or Consulate having jurisdiction over thearea where you live. For further information, contact thenearest American Embassy or Consulate.

[wowswift]

so in my case, i would probably get my mom to do the affidavit of support...what exactly does the K3 visa go through? I know it gets issued in wherever the marriage took place (i dunno how true that is, i read too much crap i think). I guess im just wondering since i am basically trying to not leave canada (we have not gotten married yet, someone said i should wait) without my bf (would be husband when i go to file obv).
i ask because i am reading the instructions on the I-129f and it says to file where you last lived if you aren't currently living in the US. Is there somewhere that says there is a domicile requirement, because again, its saying I don't have to live there, but I have to have an address where my husband would plan on living.

I can see how the person in the original post couldn't do this because its been so long since she has been in the US.

just wondering, as we havn't done anything yet. since i also have an option of staying here too in March since that would be my year of being in canada and looks like their immigration is much easier, though i'd rather just go back lol.

and i considered having him find a job there too, but i have the same fear of having it look bad if we filed the i-130 and AOS forms. bleh...this stuff is so crazy...

(sorry if i rambled lol, but ty for the help)