Hi,My wife is an US citizen who's been living here in Egypt since a long time, she does not have a house/apartment or a bank account in the states. she does have a social security number though and both her mother and grand mother are in the US and living there.We are considering the possibility of moving there, especially that her mother got sick recently and needs to be close to her daughter.My question is, would it be better/possible to apply for my residence from there, or should i apply from here? and if we do apply from here, how can we bypass the part where my wife has to prove that she can support me through providing proof of residence and bank account, as she doesn't have either.If we go there, it would be easier to rent an apartment and transfer our money to an American bank, but if we have to do it from here, it will be very hard to pay for residence in both countries at the same time, just for her to prove her residence.Please advice,Thank you,MAZ
State/Country relating to question: Egypt
Nothing yet, we want to know our options.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.Has your wife made any recent trips to the US?Judith
Thank you Maz for this information.
This is going to be a tough one no matter which way you file.
If she files while in Egypt she has to show she has commenced plans to return to th e US and live there.
That means either looking for a job with evidence of having sent applications or made some solid effort towards securing a residence in the US.
In addition, no matter whether she files from Egypt or while in the US there will be the issue of showing the ability to have sufficient assets to meet the income requirement of the affidavit of support. That is required no matter where you get your status - in Egypt of in the US.
You and she would have to show assets of at least 3 xs the required income level of $19K in US dollars.
If you are not able to meet that requirement then she would have to have a joint sponsor for you.
The joint sponsor needs to be a US citizen or permanent resident and living in the US.
In addition, you cannot enter the US using a visitor visa with the intent to immigrate.
The visitor visa is to come and be a tourist/visitor with the intent to return to your country at the end of the visit.
The 30/60/90 day rule is applied to determine whether the 'tourist' had afraudulent intent upon entry. The rule is if you apply for adjustment of status within 30 days of entry, there isan almost unrebuttable presumption that you had a immigrant intent when youentered as a tourist and hence are deemed to have committed visa fraud. Between30 and 60 days, the presumption is rebuttable. Between 60 and 90 days therebuttable presumption reverses and unless the Immigration service hasknowledge that the intent was preconceived, it will grant the adjustment ofstatus. After 90 days, the issue is hardly ever raised.
You have to be very careful about your intent at entry and what they look at is whether you disposed of all your assets, emplolyment and residence abroad when you left for your vacation here. Judith
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wow, thanks so much Judith, i love how thorough you are with your answers.
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The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.
33 yrs attorney on all nonimmigrant & immigrant visas
No it has to be a US check or MO.You can send the petition to her grandmother or mother and have them write out the check and send them the "Draft Check" to reimburse them the fee.The check or MO can come from anyone. Then they can mail the petition to the address you tell them with the check or MO.You have to have at least 3 times the required income so that would be approx $60K US.Judith
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