Legal Question in Immigration Law in New York

can my husband file a petition spouse , we get married in NYC 3 yearas ago, i have to came mexico for emergency and he went back to his country in jordan, can he still ask for me from jordan so we can go back together to NYC or he has to be in the states , immigration office will require his precense in usa or can we do it online ? i been all this 3 years only with tourist visa because he was not citizen yet, now he got the citizen

Asked on 7/05/13, 12:28 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your U.S. citizen spouse can petition for you, even if you are outside the United States. The problem is, he has to prove that he maintains domiciled in the United States. Therefore, if he has been in Jordan for several years, he would need to return to the United Sates & re-establish himself (apartment, job, bank account, etc) before he could file the I-130 petition & have a qualifying income for the Affidavit of Support. There would also be a potential issue if you two have lived apart for several years, as well.

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Answered on 7/07/13, 5:26 pm

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