Can I petition for a family member or spouse living outside the United States while I am also living outside the United States?

A United States Citizen or Permanent Resident may file a petition for an immediate relative while living abroad. However, they must be able to prove to the National Visa Center and the selected Embassy that they are still domiciled in the United States. This means that they must show that their time abroad is only temporary, and they will be returning to the United States before or upon the approval of the petition for their relative. Evidence must be provided to prove the Petitioner’s U.S. domicile. Examples of such evidence include maintaining a U.S. residence (mortgage statements, lease agreements, etc.), a job offer from a U.S. based employer, maintaining of U.S. bank accounts and other types of evidence.

NOTICE: The information contained on this site is intended to educate the general public and not to provide legal advice. To obtain proper legal assistance, please contact a qualified attorney.