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If you are living outside of the United States with your spouse who you want to sponsor for
a green card to live in the United States, your spouse will have to consular process
or interview in the country where your spouse is currently living for the immigrant visa
application that leads to permanent residency for that to be approved. At the consulate
interview, you have the burden as the US citizen to prove that you're going to be moving back
with your spouse to the United States at or around the same time on a permanent basis.
If you plan to stay abroad for work or live abroad on a permanent basis, then immigration
will not approve your spouse's immigrant visa or green card case. The whole purpose of allowing
migration for your spouse is to keep spouses united and living together. Even though there
are certain exceptions when spouses do not have to be living together but they are living
in the same state or even the same country at least. When you have permanent plans to
live apart and in totally separate countries, immigration is not going to approve your spouse's
immigrant visa or ability to come to the United States with a green card. There are difficulties
in these types of case when you do not have the intent to move back to the United States
on a permanent basis. One of the main ones is the affidavit of support requirement. In
order to be her financial sponsor, you have to file taxes in the last three years in the
United States. If you've been working abroad and have not been filing US taxes, you may
not be able to meet the affidavit of support requirements, which are put in place to make
sure that your spouse does not access public assistance once in the United States with
no possible reimbursement from you for those expenses to the US government. If you are
thinking about moving back to United States on a permanent basis. always consult a licensed
immigration attorney with experience in these types of cases so the transition can be as
painless as possible.
I am an expert in complex family based immigration cases and have a 98% approval rate for the
past 12 years. I'm a nationally publish immigration author and frequent public speaker on immigration
topics. I regularly train other immigration lawyers on complicated marriage and family
immigration cases for the American Immigration Lawyers Association, Federal Bar Association
and National Legal Education providers. I represent clients all over the US traveling
to immigration and abused and deportation proceedings. Visit our website: www.humanrightsattorney.com.
For more in-depth information and articles on complex family immigration issues.