absence of petationer in the us

[s.sammy 0]

im benficary and my case status is intial review.my wife is not in USA she had taken 2 year extension n she is here with me.can any body suggest me

at what time she should be there.

[canadian_wife 1,808]

This largely depends on the consulate. I know the consulate in Montreal is VERY strict about the US citizen being back in the US and having stable accomodates and a job lined up.

If you give a bit more info, we might be able to help you

Good luck

[LotofPatience 65]

im benficary and my case status is intial review.my wife is not in USA she had taken 2 year extension n she is here with me.can any body suggest me

at what time she should be there.

Two things come into my mind:

1) Petitioner must have U.S domicile, if USCIS challenges (Since and I hope your wife filed I-130 and left the U.S, there is no other place USCIS can question her, unless there is any RFE to provide the residence again. However, in NVC stage forms, if she files her current address outside the U.S, you are throwing the ball in to their court. Be careful!)

2) When you reach NVC stage, Do your petitioner, you or any other sponsors have enough income to overcome the U.S poverty line?

Loto

[s.sammy 0]

thanks for ur reply.actually my wife is not a working women.but i have handsome amount asset dat i can sale on a time of immigreation.my brothers

and my mother is also living there n they r maintaing good life style (own home n handsome salary).can u please suggest me whether they can show there bank account n tax return instand of my wife.

[LotofPatience 65]

thanks for ur reply.actually my wife is not a working women.but i have handsome amount asset dat i can sale on a time of immigreation.my brothers

and my mother is also living there n they r maintaing good life style (own home n handsome salary).can u please suggest me whether they can show there bank account n tax return instand of my wife.

Yes, of course, they can be your sponsors.

Since she maintains the permanent & mailing address in the U.S, it should not be a problem as well.

Loto

[s.sammy 0]

Actaullay she has permanant residency on the behalf of this she had submit my petition.what do u mean by domocile

thanks you

[Darnell 8,478]

is your wife us citizen or legal permanent resident of USA?

[LotofPatience 65]

Actaullay she has permanant residency on the behalf of this she had submit my petition.what do u mean by domocile

thanks you

In law, domicile is the status or attribution of being permanently resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave permanently.

Loto

[s.sammy 0]

yes she is legal permanant residence

[Darnell 8,478]

im benficary and my case status is intial review.my wife is not in USA she had taken 2 year extension n she is here with me.can any body suggest me

at what time she should be there.

OK - wife is an LPR, and is living in her 'home country', not in USA.

I think this will be problematic, really, for filing any I-130 on your behalf.

But - get some more input from other ppl on this, as well.