Living with spouse while waiting for visa to be approved

[John & Marie 0]

I have sent in the I130 packet and we received the NOA1 letter we will also be sending in for the K3 visa. My wife and I have been discussing me coming back to the Philippines and waiting with her for the visa to be approved and us coming back together will we run into any road blocks that might slow us down?

Also are there any forms that I fill out other than the affidavit of support and the I130, G825, and the I129f forms that I have to fill out

[pushbrk 12,822]

I have sent in the I130 packet and we received the NOA1 letter we will also be sending in for the K3 visa. My wife and I have been discussing me coming back to the Philippines and waiting with her for the visa to be approved and us coming back together will we run into any road blocks that might slow us down?

Also are there any forms that I fill out other than the affidavit of support and the I130, G825, and the I129f forms that I have to fill out

As long as you can qualify as sponsor while living abroad, there's on US Immigration issue with you living in the PI.

Be aware that the K3 visa was effectively killed by the Dept. of State effective 2/1/2010, so all filing that I-129F will do for you is take your I-130 out of its place in line and put back with the I-129F. Just don't file the I-129F. K3 is dead.

[John & Marie 0]

As long as you can qualify as sponsor while living abroad, there's on US Immigration issue with you living in the PI.

Be aware that the K3 visa was effectively killed by the Dept. of State effective 2/1/2010, so all filing that I-129F will do for you is take your I-130 out of its place in line and put back with the I-129F. Just don't file the I-129F. K3 is dead.

OK we have not filed for the K3 yet was asking questions about it I guess I didn't make that clear thank you for telling us before we did

[Darnell 8,478]

The K-3 is effectively dead.

Strongly suggest you forget about the K-3.

For now - study up on domicile issues, and maintaining your USA residency whilst you live as an expat abroad - it'll be an issue on Interview Day.

IMO, the best time to 'make the jump to the PI' is the day after NVC has forwarded the casefile to the PI.

The two of you coming back together is not any issue.

Good Luck !

Edited March 21, 2010 by Darnell

[John & Marie 0]

The K-3 is effectively dead.

Strongly suggest you forget about the K-3.

For now - study up on domicile issues, and maintaining your USA residency whilst you live as an expat abroad - it'll be an issue on Interview Day.

IMO, the best time to 'make the jump to the PI' is the day after NVC has forwarded the casefile to the PI.

The two of you coming back together is not any issue.

Good Luck !

Thank you very much

[pushbrk 12,822]

Thank you very much

It's true that you'll have a shorter timeline through NVC and things will be more convenient with regard to paperwork etc. if you stay in the USA until NVC complete but it's up to you to weigh that against the value of your time together during the 4 or 5 months between filing the petition and NVC complete. If you're retired or otherwise will continue to qualify financially and maintain your home, bank accounts and driver license (Why wouldn't you?) then I would say let practical matters rather than immigration matters guide your decision process. If I did for a living then, what I do now, I would have spent most of the time in China instead of the USA because I could. I didn't because I couldn't.

[John & Marie 0]

It's true that you'll have a shorter timeline through NVC and things will be more convenient with regard to paperwork etc. if you stay in the USA until NVC complete but it's up to you to weigh that against the value of your time together during the 4 or 5 months between filing the petition and NVC complete. If you're retired or otherwise will continue to qualify financially and maintain your home, bank accounts and driver license (Why wouldn't you?) then I would say let practical matters rather than immigration matters guide your decision process. If I did for a living then, what I do now, I would have spent most of the time in China instead of the USA because I could. I didn't because I couldn't.

Thank you, No I am not retired, I have a job here in the states but have the opportunity here to have been at the same job to for so long that I have a lot of Vacation time accumulated that they have been wanting me to use it up lol

As for domicile have lived in the same house for 20 yrs here just have to have the monthly bills paid

Edited March 21, 2010 by John & Marie

[pushbrk 12,822]

Thank you, No I am not retired, I have a job here in the states but have the opportunity here to have been at the same job to for so long that I have a lot of Vacation time accumulated that they have been wanting me to use it up lol

As for domicile have lived in the same house for 20 yrs here just have to have the monthly bills paid

Sounds like no problems, just priorities and decisions. Maybe electronic process through NVC for Manila will go into effect by the time your petition is approved. It seems to be working well for Guangzhou and Montreal so far. If that happens, you're actually better off in the PI during that time.