Does Petitioner have to be in the US when he files for I-130?

[kim-786 0]

Hello everyone!

I have my cousin who will get marry in Pakistan next month in October. He will stay in Pakistan for three months, so what he wants to do is that he wants to send all I-130 docs to me here in the USA, so I can mail them to USCIS. Basically, he will fill out everything, I will only have to mail them. I already called USCIS and they told me that my cousin can not file from Pakistan, but I did not ask them if he has to be in the US physically when he files I-130.

Please Reply!! Does Petitioner have to be in the US physically when he files for I-130? Thanks all for your help!!! Regards, kim

[sara..... 371]

Hello everyone!

I have my cousin who will get marry in Pakistan next month in October. He will stay in Pakistan for three months, so what he wants to do is that he wants to send all I-130 docs to me here in the USA, so I can mail them to USCIS. Basically, he will fill out everything, I will only have to mail them. I already called USCIS and they told me that my cousin can not file from Pakistan, but I did not ask them if he has to be in the US physically when he files I-130.

Please Reply!! Does Petitioner have to be in the US physically when he files for I-130? Thanks all for your help!!! Regards, kim

hmmm i wonder why he can not file from there my sis filed direct with the embassy in cairo egypt ........but she had to stay six months to be able to do it..................................seems should be the same for pakistan

[kim-786 0]

Hello everyone!

I have my cousin who will get marry in Pakistan next month in October. He will stay in Pakistan for three months, so what he wants to do is that he wants to send all I-130 docs to me here in the USA, so I can mail them to USCIS. Basically, he will fill out everything, I will only have to mail them. I already called USCIS and they told me that my cousin can not file from Pakistan, but I did not ask them if he has to be in the US physically when he files I-130.

Please Reply!! Does Petitioner have to be in the US physically when he files for I-130? Thanks all for your help!!! Regards, kim

hmmm i wonder why he can not file from there my sis filed direct with the embassy in cairo egypt ........but she had to stay six months to be able to do it..................................seems should be the same for pakistan

No dear, your sister did DCF. My cousin lives here in the USA and he has a job here. He is only going there to get married, so he can not do DCF.

[Dakine 26]

Hello everyone!

I have my cousin who will get marry in Pakistan next month in October. He will stay in Pakistan for three months, so what he wants to do is that he wants to send all I-130 docs to me here in the USA, so I can mail them to USCIS. Basically, he will fill out everything, I will only have to mail them. I already called USCIS and they told me that my cousin can not file from Pakistan, but I did not ask them if he has to be in the US physically when he files I-130.

Please Reply!! Does Petitioner have to be in the US physically when he files for I-130? Thanks all for your help!!! Regards, kim

hmmm i wonder why he can not file from there my sis filed direct with the embassy in cairo egypt ........but she had to stay six months to be able to do it..................................seems should be the same for pakistan

It would be the fastest way if he can establish residentcy in Pakistan and stay 6 months. Called doing Direct Consular Filing.

[kim-786 0]

Hello everyone!

I have my cousin who will get marry in Pakistan next month in October. He will stay in Pakistan for three months, so what he wants to do is that he wants to send all I-130 docs to me here in the USA, so I can mail them to USCIS. Basically, he will fill out everything, I will only have to mail them. I already called USCIS and they told me that my cousin can not file from Pakistan, but I did not ask them if he has to be in the US physically when he files I-130.

Please Reply!! Does Petitioner have to be in the US physically when he files for I-130? Thanks all for your help!!! Regards, kim

hmmm i wonder why he can not file from there my sis filed direct with the embassy in cairo egypt ........but she had to stay six months to be able to do it..................................seems should be the same for pakistan

It would be the fastest way if he can establish residentcy in Pakistan and stay 6 months. Called doing Direct Consular Filing.

No, he has to come back after three months, that's the problem you know!!

[Phillip2 3]

you can file using your address U.S. I would think. I mean he is coming back and what does it matter were you send the paperwork from. I mean CSC is qquick but not that fast he he

[kim-786 0]

anyone else?? Please reply!!

[wowswift 3]

Yes he can send it from there, or send it to you to send it in.

Edited September 28, 2008 by wowswift

[kim-786 0]

anyone else? Please Reply!! Thanks all for your help!! I really apperciate it!!

[kaffy 2]

How can the USCIS tell if the petitioner is physically present in the country at the time of filing? I don't think they can...

[frali 2]

The answer is : Yes he can file from Pakistan. He needs to provide his address in USA. Good luck!

[Kru83 0]

Make sure he has filling fees with US Check.

[ROCA 0]

Yes, we did everything while my husband was in the UK. he just needs an address in the USA, and possibly someone to open his mail etc..

We were not entitled to DCF because in UK USC spouse has to be in the country for two years.

ROCA

[Gumbolette 58]

A BIG yes! he should be domicile when he files the 1-130.

In some cases like military man, who serves US, wherever they are assigned they are considered domiciled.

Your cousin needs to go back to USA so that he can file the papers, then he can just come back to Pakistan.

[kim-786 0]

THANK YOU ALL!! I REALLY APPERICATE YOUR HELP!!