# Immigration procedure comparison



## Jen114 (Mar 5, 2011)

Could anyone please advise me if applying for spouse immigration the same procedure if you do it from a foreign country In the EU compared to being stationed I'm the USA already? Looking at all options here


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## Bevdeforges (Nov 16, 2007)

If you apply for a spouse visa from inside the US, it means that the American spouse has gone ahead to settle in (find a job, find a place to live, or find co-sponsors who will put them up) and that the foreign spouse stays behind awaiting approval of the spousal support petition before he or she can file a visa application at the consulate.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Have you considered contacting an immigration attorney?


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## Jen114 (Mar 5, 2011)

Would love to but aren't any in Malta


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## twostep (Apr 3, 2008)

You may want to engage Google or the web site of the US Embassy on Malta.


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## Jen114 (Mar 5, 2011)

Really sometimes you talk like we are a bunch of retards lol the embassy on Malta do not have a immigration section and I have even spoke to someone in the states I just have not received the information I am looking for yet


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## twostep (Apr 3, 2008)

Jen114 said:


> Really sometimes you talk like we are a bunch of retards lol the embassy on Malta do not have a immigration section and I have even spoke to someone in the states I just have not received the information I am looking for yet


Here is the list of attorneys amongst others immigration.
Embassy of the United States Valletta, Malta - List of Attorneys


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## Jen114 (Mar 5, 2011)

Unfortunately non if these attorneys are immigration lawyers infact I have called two at random and they don't know why they are listed there 

Thank you anyway !


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## Bevdeforges (Nov 16, 2007)

Jen, I'm not sure an immigration lawyer is going to do much for you right now except lighten your wallet.

The procedure for getting a spouse visa is fairly straight-forward. First you have to file a petition to sponsor your spouse, which involves showing that you can support him without resorting to public benefits and that you have a place to live. This can be difficult if he's the visa applicant and also the breadwinner for the family. Normally, in this situation, you have a family member or friend (good friend, obviously) who is already resident in the US act as your co-sponsor. They then have to file their financial documents to show that they are capable of keeping you and your family off welfare while you get yourselves settled in.

What I think you may be dealing with here is that you have your US nationality by virtue of having been born in the US, but you currently have no friends or family living back there who you could fall back on for co-sponsorship. You're not the first to find yourself in this situation, nor will you be the last. But it is not something you can get around.

You might want to start by making one or more exploratory visits to the US - to wherever it is you're considering settling - to scope out the possibilities. The easiest way (in the long run) would be for you to find a job that pays enough to allow you to act as sponsor for your family. With a solid job offer for the US partner, you could secure a place to live and that would allow you to act as sponsor for your husband's visa application.

Or, your husband starts looking for a job where the employer would sponsor his visa. After you've been living and working back in the US for a while, you could then talk to an immigration attorney to determine the best way to allow you to sponsor him for a green card. (There is still the matter of financial sponsorship to work out.)

It's not easy asserting your "rights" to move back to the US when you're married to a foreigner. Most Americans married to foreigners (or as they are known back in the US, "non-resident aliens") receive a very rude shock when they first look into this, even if they grew up in the US and have ties back there.
Cheers,
Bev


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## Jen114 (Mar 5, 2011)

Thank you so much for you detailed reply. Will think about what u wrote and repond later


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## Jen114 (Mar 5, 2011)

Th k you for your replies as usual , I finally had time to respond. Could you kindly clear something up for me. 

I files the I 130 therefore I am the petitioner for my husband and children. We got approval and received package with documents. Is it I who has to fill out the i864 or does the financial sponsor fill it out only? Or do we both have to fill it out? All these things are getting very confusing. Thank you for your help.


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## Bevdeforges (Nov 16, 2007)

From the USCIS publication on helping a relative get a visa:

_>>Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see customer guide F3, General Information... How Do I...Financially Sponsor Someone Who Wants to Immigrate?.<<_

The F3 guide they refer to can be found here: 
http://www.uscis.gov/uscis-ext-temp...?oid=32279d6fd9c7b210VgnVCM100000082ca60aRCRD

Cheers,
Bev


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## twostep (Apr 3, 2008)

It is detailed on the form and the Q&A - sponsor I-864. It does not ask who fills it out but why signs it.


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