Working overseas for 6 months, can i file?

[Jamie and Amparo 10]

I am going to work in Colombia for 6 months later this year - can i file for the IR/CR-1 while i am there and be "expedited" for being overseas?

In the case that is not possible, i am going to file asap. Which brings up another question....while i am working in Colombia, will the USCIS send correspondence to my overseas address? I will no longer maintain a residence (my lease is up) in the US. Thank you!

[speedwell 224]

I am going to work in Colombia for 6 months later this year - can i file for the IR/CR-1 while i am there and be "expedited" for being overseas?

In the case that is not possible, i am going to file asap. Which brings up another question....while i am working in Colombia, will the USCIS send correspondence to my overseas address? I will no longer maintain a residence (my lease is up) in the US. Thank you!

The rules as I understand them mean you need to be 'resident' in the foreign country according to their laws governing residency (do you know the immigration laws in Colombia?). The fact that you don't actually have a residence in the US simply means that you will have a tremendous problem proving domicile in the US when the time comes. I recommend you actually switch your US mailing address to the address of a relative (for example) who will corroborate that you are "living" there while you are "visiting" Colombia on business. The point is NOT to LIE and say you live in the US, the point is to have a "home base" in the US to receive correspondence and maintain domicile (since I doubt you actually qualify to be a Colombian resident for filing purposes).

Edited January 17, 2013 by speedwell

[Jamie and Amparo 10]

Maybe I should clarify a little bit -- I am a US Citizen (born and raised) and I currently live here in the DC area. But, when I leave, i'm going on a temporary assignment for work, and will be moving out of my apartment. I did not mean to imply i'm leaving the country and not coming back I was wondering, that since I'll be working at the Embassy in Bogota, can I just put my address there for them to contact me?

Edited January 17, 2013 by Jamie and Amparo

[speedwell 224]

Maybe I should clarify a little bit -- I am a US Citizen (born and raised) and I currently live here in the DC area. But, when I leave, i'm going on a temporary assignment for work, and will be moving out of my apartment. I did not mean to imply i'm leaving the country and not coming back I was wondering, that since I'll be working at the Embassy in Bogota, can I just put my address there for them to contact me?

I don't think so, Jamie... you could really only do that, I hear, if you really did qualify to file from Colombia. The domicile issue is tricky. I know you're a citizen, but Immigration will want proof that you have an established residence in the US.

[Jamie and Amparo 10]

I don't think so, Jamie... you could really only do that, I hear, if you really did qualify to file from Colombia. The domicile issue is tricky. I know you're a citizen, but Immigration will want proof that you have an established residence in the US.

Ok, that makes sense about not being able to file from Colombia. So, what about the other part - I am planning to file now per the normal route. While I am on my temporary assignment, they will give me a hard time for being on assignment for the US government? Not trying to be a smart ####, because this is killing me and I don't want this process to take longer than it has to. I honestly don't want to wait until after my time in Colombia is over to file, and I'm not cancelling my trip there, because a big part of that was for my wife and I to be together for that time...

[speedwell 224]

Ok, that makes sense about not being able to file from Colombia. So, what about the other part - I am planning to file now per the normal route. While I am on my temporary assignment, they will give me a hard time for being on assignment for the US government? Not trying to be a smart ####, because this is killing me and I don't want this process to take longer than it has to. I honestly don't want to wait until after my time in Colombia is over to file, and I'm not cancelling my trip there, because a big part of that was for my wife and I to be together for that time...

Oh, I totally understand and sympathize! I suppose it's not a problem if you have a US address and can show established domicile when you go to submit your proof that you can financially sponsor your wife. I looked about for a good write-up of what domicile means to the US citizen filer and could not find one much clearer than this: (OK it won't let me paste the link, lol...) Try this one instead: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Edited January 17, 2013 by speedwell

[Jamie and Amparo 10]

thank you speedwell! I am on hold with USCIS right now because I want to see what they recommend doing in this situation....figured it would be better to check with them as well. I will follow up with what they tell me!

[The Mean Lady 604]

continue to have your bills and other mail sent to a us address

have someone respnsible recieve mail from immigration as thats faster than wanting it to go overeas anyways

as for domicilie, is this overseas job really 6 mos per your employer?

because when it comes to proving domicile, some kind of letter or conract stating that will help prove that your move abroad was temporay.

[Jamie and Amparo 10]

well that was a big waste of time! hahaha, i was on hold for over an hour (they close at 8pm CST, i think) so i'll just try tomorrow.

[Villanelle 4,121]

Actually I believe Columbia offers DCF filing. (direct consular filing) The catch is, you must live there for 6 months before filing. After filing, you would be approved in apx 3 months.

http://www.visajourney.com/content/dcf

So since you said youd be working in Columbia for 6 months, maybe you could either arrive a month or two prior to starting work? then you could file before your work concludes and leave shortly afterwards with your wife. Play around with the dates.

You can look at the section called guides and compare dcf to standard filing.

[Roosha 51]

Did you say you'll be working at the US embassy in Columbia? Ask them! They'll be sure to give you good advice since they'll be the ones to deal with the petition!

[ktb 15]

I am a USC living abroad and I would highly recommend that you file the I-130 before you leave. If you have someone in the states that your correspondence can be sent to it will be much easier. I don't know what the post is like in Colombia but where I live it takes months to get letters from the states. You only really need an address to recieve the NOA2 anyway. Even if you don't get the NOA2 you will most likely get an email from the NVC when they have assigned you a case number and you can't submit any more paperwork until that time anyway. I have communicated with the NVC via email, they haven't sent me anything in the post. Don't expect the process to be over in a few months time. It is a lengthy process so better be safe than sorry and apply early!

[chaine1 116]

Colombia no longer offers DCF. Sorry, but not an option for you.

While I don't know your full situation, I would think proving domicile would not be too hard for you, since you say you are only going to be there for six months. To prove domicile (or intent to re-establish domicile), you need things like a USA bank account, credit cards, moving quotes, etc.

The expedite for US citizens abroad does not seem to be quite what it once was (took only two weeks for me), but it still seems somewhat faster.

I used my work address abroad, and not my home address abroad (basically because Kuwait has no real post). I hoped any letter would have a better chance of making it to my work. My NOA2 did eventually get to me, but never saw the NOA1.

I also wouldn't depend on the embassy to be able to help you with this question. USCIS and your embassy are completely separate. I had a contact at the Kuwait embassy who tried to help me, when I was asking this very same question (what address should I use?). She did her best to find out, but she said it really came down to procedure at USCIS, and basically told me to use whatever address I wanted.

Do you know if you are going to have a Colombian residency visa?

Good luck!