If I am a U.S. citizen married to a foreign citizen and we are both living in Mexico, do I need to move back to the U.S. to file the I-30 petition for my husband?

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If I am a U.S. citizen married to a foreign citizen and we are both living in Mexico, do I need to move back to the U.S. to file the I-30 petition for my husband?

Can I file for it here in Mexico?

Asked on November 21, 2011 under Immigration Law, Texas

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can file it while you are still in Mexico; however, in order for your husband to be able to get a visa eventually, you will need to prove that you intend to live in the US (domicile) and take steps to show how this is going to be accomplished (get a job, house/apartment in the US, etc).  YOu will also need to show sufficient income to qualify as a sponsor.  If your income is insufficient, you will need to get a joint sponsor to sign the affidavit of support on your husband's behalf along with you.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can file it while you are still in Mexico; however, in order for your husband to be able to get a visa eventually, you will need to prove that you intend to live in the US (domicile) and take steps to show how this is going to be accomplished (get a job, house/apartment in the US, etc).  YOu will also need to show sufficient income to qualify as a sponsor.  If your income is insufficient, you will need to get a joint sponsor to sign the affidavit of support on your husband's behalf along with you.


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