Can my American husband start my residency process from abroad?

Question

My husband and I live in Central America. He is an American citizen, and I am not. We have been married for 5 years and have two minor children who are American citizens. I previously held a green card but stayed outside the U.S. too long; now I have a tourist visa. Can my husband start the process for my U.S. residency from outside the U.S., or must he begin this process in the U.S.? Is the procedure identical to what was done for our children, or is it different? Additionally, my husband has all his investments outside the U.S., and we intend for me to eventually become a U.S. citizen without any past immigration issues beyond the green card situation.

Stephen Arnold Black · Answer

If you have stayed outside the United States for too long, then you have to file again anew. You can process your green card overseas at the US consulate, but at the interview, you will have to convince the consulate officer that you and your husband will relocate to the United States. Once you live in the United States with your husband after three years,  then you can apply for US citizenship. You should work with an attorney to make sure all the paperwork is handled correctly. Some of us charge a very affordable flat fee to handle the case from start to finish.

Chelsea E Walker · Answer

What a thoughtful and important question—it’s clear that your family has deep ties to both the U.S. and Central America, and you’re navigating this process with care. Since your husband is a U.S. citizen and your children are American citizens, he can start the process to bring you back to the U.S., even while you’re all still living in Central America. You don’t need to be in the U.S. to begin. 
 
Your case is a little different from what was done for your kids, since they were already U.S. citizens. In your case, we’ll need to know whether you officially gave up your green card or just lost it due to time abroad—and whether you’ve ever overstayed your tourist visa in the U.S. Those details will help us figure out the best path forward, but don’t worry—these are common issues and can usually be managed with the right approach. 
 
We’ve helped many families in similar situations, and we’d be happy to help you too. You can learn more or reach out at www.kvisaxpress.com.

James L. Arrasmith · Answer

Your husband can file Form I-130 for you while you’re both abroad—USCIS accepts the petition through its international lockbox or its online portal. You’ll need to demonstrate that he maintains (or plans to reestablish) a U.S. domicile, or else enlist a joint sponsor who does. 
 
Once the I-130 is approved, the case goes to the National Visa Center and then on to your local U.S. consulate for consular processing. It follows the same basic path as your children’s petitions, but yours is adjudicated under the spousal visa categories (CR-1 or IR-1) rather than as a derivative child. You’ll submit similar civil documents, proof of your bona fide marriage, and attend an interview abroad. 
 
Holding a tourist visa now doesn’t block you from starting this path, but you must avoid entering the U.S. on your visitor visa with undisclosed immigrant intent. After your immigrant visa is issued and you enter the U.S., you’ll receive your green card and can later apply for naturalization. Keep careful records of all filings and any evidence of ties to the U.S. to prevent future challenges with domicile or abandonment.

Q: Can my American husband start my residency process from abroad?