US sponsor moving to US during K-1 process

[brazilk1visa]

Hey guys,



I searched the forums but haven't found many similar cases to mine, at least not close enough.

I am a US citizen and I have been living with my now fiancee in Brazil, for 3 years now. So I have been living abroad and outside the US for the whole time. In 2018 I didn't even go to the US.

But now I want to move back to the US with her because I miss it a lot and because of my professional life and career.

We already filed a few months back and now at NOA1, waiting for NOA2.



What is not clear to me is how to present our case. My questions are:

-Is it okay to say I have been out of the US for a long time and now we are planning to move back together? I read similar cases but never understood how to present the case properly during the interviews.

-I haven't had income in the US for about 3 years but this year I have some descent income as a freelancer (I have just started an LLC). Does that work for the affidavit of support?

-I am moving back a few months before her, in January 2019. So I can set up, fina an apartment etc... Does that help in any way, does it make any difference?



thanks in advance

[haypinay]

Although I haven't personally experienced or encountered similar cases, after doing some digging, here are my answers to your questions which I hope would help, somehow. I understand that someone with personal experience would be more helpful for rare cases like yours.

-Is it okay to say I have been out of the US for a long time and now we are planning to move back together? I read similar cases but never understood how to present the case properly during the interviews.
Even though you have lived abroad for a while, you have to prove that you are still domiciled in the US which means you need to provide evidence that you have maintained financial and residential ties in the US. Some helpful evidence could be a proof of voting record, US taxes paid, property owned, US bank account that you had for a while and still using, investments in the US, and your US mailing address.

-I haven't had income in the US for about 3 years but this year I have some decent income as a freelancer (I have just started an LLC). Does that work for the affidavit of support?
To become eligible as the primary sponsor in the Affidavit of Support, you have to be domiciled in the US and providing supporting evidence as previously listed would help.

-I am moving back a few months before her, in January 2019. So I can set up, find an apartment etc... Does that help in any way, does it make any difference?
It could help as you would have a permanent resident in the US but the consul's decision in proving domicile in the US is ultimately case to case basis.