Filing the K-3

[lagloria 0]

I am an American Citizen living as a permanent resident in Argentina. My wife is from whom I married 6 years ago in California. I would like to apply for her immigration through the embassy but it seems they just changed their rules and didn´t bother to change anything on the web page. Supposedly you were able to apply for the Immigration visa if the USC was a resident of the country.

Anyways I am in a bit of a pickle. I don´t want to leave my wife for 6months-1 year. Can I apply for and do all the paperwork from here? I have my folks in the US who will helps with what every we need. Basically, do I have to be physically present in the country to file and continue with the whole process?

Thanks in advance

Steven

[riblet 0]

I'm almost certain you can file from outside of the country, but my understanding is that you must be "domiciled" in the U.S. or you can't petition.

Here is a link discussing the requirements of domicile if you are unfamiliar with it:

http://manila.usembassy.gov/wwwh3207.html

I'm not entirely familiar with this sort of situation, so maybe someone else can clarify the details.

Edited December 6, 2006 by riblet

[meauxna 15]

I am an American Citizen living as a permanent resident in Argentina. My wife is from whom I married 6 years ago in California. I would like to apply for her immigration through the embassy but it seems they just changed their rules and didn´t bother to change anything on the web page. Supposedly you were able to apply for the Immigration visa if the USC was a resident of the country.

Anyways I am in a bit of a pickle. I don´t want to leave my wife for 6months-1 year. Can I apply for and do all the paperwork from here? I have my folks in the US who will helps with what every we need. Basically, do I have to be physically present in the country to file and continue with the whole process?

Thanks in advance

Steven

hi Steven,

Can you re-explain please?

The Immigrant Visa people at the Embassy will NOT let you file an I-130 with them, for your Argentine wife (?) and you are a permanent resident in Argentina (for how long?). Is that correct? Did they say *why*?

Worry not about leaving.. you can file to the US from where you are if you have to, but it would be better to file locally. I follow a lot of Direct Consular Filing cases (what yours should be) and did one myself--i have not heard of this before.

How hard is it for you to get to the Consulate in person? Who did you speak to there, and did you keep notes?

I'm almost certain you can file from outside of the country, but my understanding is that you must be "domiciled" in the U.S. or you can't petition.

Here is a link discussing the requirements of domicile if you are unfamiliar with it:

http://manila.usembassy.gov/wwwh3207.html

I'm not entirely familiar with this sort of situation, so maybe someone else can clarify the details.

riblet,

Domicile is a requirement for filing the I-864. Domicile in the US is not a requirement for filing I-130 at the overseas post (or it wouldn't need to exist at all).

One can reside outside of the US and still have US domicile.

[riblet 0]

I knew you could retain domicile in the U.S., but was confused about when or if you would need to show it, and whether the poster would be able to. I think I've turned into an overeager poster, and should leave it to people who know better or I just cause confusion I'm just procrastinating - studying for law school exams is not fun, and is starting to melt my brain.

[meauxna 15]

I think I've turned into an overeager poster, and should leave it to people who know better or I just cause confusion

Not at all!

In the good old days, many of us would actually discuss an issue, share research and hash it all out together, leading to greater understanding by all. Now it's drive by questions, and the answers (mine included!) are getting the same.

As a law student, you could probably help a lot of us here understand the art of legal language--it's really its own thing! The subject of domicile, for example, causes people a lot of concern, but I suspect that it is not as big a deal as is made out.

I know my own case was unique because I owned my home in the States while I was away, but I've seen USCs who have never lived in the US establish their domicile here too.

[lagloria 0]

Thanks for the replys

In regards to my bieng able to apply in Argentina through DCF, this is situation. My wife and I were married in Oakland California 6 years ago. My wife is from Argentina. She received Conditional Residency but did not get permanente residency becuase right before the adjustment of stauts she was accepeted to a masters program in Alicante Spain. We went to live there for two years where I got residency because my wife has Italian Citzenship also. After here studies we came to live in Argentina. I recieved about 4 months ago the Permant Residency for Argentina. We were planning on staying here (its is a great country) and I was going to study, but what I want to study will not be offered. I then applied to San Francisco State to study for a masters. I was accpeted and now would like to go back.This is where my problem beings

On the US Embasssy page in Argentina its says that USC legally resding in Argentina (my case) and some whom get married to Argentina here can file the I-130. I had been comminucating with them I they had told, awhile back, that I would be able to apply. Unfortunately I do not have those e-mails. The other day when I sent an e-mail to schedule an appointment to turn in the I-130, the sent me a paper stating the requierments to file whicxh say: One, the spouse has to be Argentina (which is the case of my wife), two, and this is the problem, that you had to have married in Argentina (not my case) , and three, both would have to be able to attend the interview (my case). I have a feeling that they have changed their policy because the file that sent me says: I-130 Filing(new)

What I am confused about, and I have been trying to get in contact with someone personally, is can I apply becuase it does say on the website the Legal Residents of Argentina can apply.

Anyways that is my situation and I am trying to get it resolved but they are not responding to my e-mails, and I live in Cordoba and the Consulate is in Buenos Aires, so I just can't pop down there. Plus, I think you have to make an appointment to speak with someone.

If any body has info on my situation that would be great.

Thanks

Steven