Q: US citizen marrying a foreigner abroad and living abroad with foreign partner wanting to petition for green card abroad?
I am an foreigner (dutch nationality) living with my US citizen partner in the netherlands my us partner wants to move back to the us can we start the procedure for requesting a green card while we are both living abroad? how will the sponsership work if we both are living abroad and my us citizen partner doesnt have a job in the usa as yet? us partner is working here in the netherlands how can we meet the I-864 criteria when we both are abroad? can we petition the green card at the us embassy in Amsterdam or the US consulate in Den Hague? will we be able to move to the US at the same time? seeing that we both live abroad and work abroad? my us partner lived her whole life in the US until november 2016 when she moved to the netherlands to be with me and failed her taxes there too. at the moment of applying we wouldnt have a adress in the us or she will not yet have a job. we have already started the process of looking for apartment / job.
thank you in advance for your time and help
A: Your case is a bit complex, however your goals can be accomplished. The process would start with a spousal based filing in the United States, ultimately that will result in a Green Card. Based on the issues in your case, you should contact an experienced immigration lawyer for help. The cost isn't high for this process and you will be well served by doing it right the first time.
A:
First, you will need to be married. Alternatively your partner could file as your fiancé(e).
You would need to check the information on the website of either the embassy or consulate to see if there are open USCIS offices in one or the other that are accepting I-130s. USCIS has moved to close many if not all, so you’ll want to do research. Go to
https://www.uscis.gov/about-us/find-uscis-office/field-officesUSCIS.gov/
for more information.
Other than that, your partner would need to show that she plans to take up a domicile in the US, and she will likely need to get a co-sponsor.
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