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saradanielle

Filing I-130 from abroad

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I would really like some advice from someone who is in a similar situation or who would know about this...

I am currently living in Brazil with my husband and hoping to stay here until his visa is issued, at which time we will both go to the States together. I am currently waiting for my I-130 approval (NOA2), which I filed in mid-August of 2007. The next step is, of course, NVC, where I will need to provide the I-864, etc.

I have had to file through USCIS, because I did not have the proper resident conditions to file directly through the Consulate here. I do have a co-sponsor, since I am obviously not working in the US at the moment.

I spoke with an attorney who works with the attorney that I hired, with regard to filling out my I-864. She said that she does not believe that I can stay in Brazil with my husband until his visa is issued. She says I need to establish my domicile in the US, which means returning there to work, etc. I have enquired as to whether I can list my domicile as being in the US but explaining that I am temporarily residing in Brazil until the visa is issued.

Does anyone know how this works or has some relative experience that they can relate? That would be extremely helpful as I really don´t want to have to go back to the States right now unless I have no choice.

Please advise.... thank you!

USCIS

August 16, 2007: Filed 1-130 at VSC for CR-1 Visa

December 21, 2007: NOA1 issued (I-130 now at CSC)

February 27, 2008: NOA2 issued

NVC

March 07, 2008: NVC case # received

March 26, 2008: Fee bills arrive

April 01, 2008: Fee bills paid

April 11, 2008: NVC processes fee bill payments

April 24, 2008: AOS and DS-230 requests arrive from NVC

May 13, 2008: Completed AOS and DS-230 packages sent to NVC

May 23, 2008: RFE for Police Certificate (even though all original docs were sent!)

June 30, 2008: Checklist Letter Response received at NVC (new documents)

July 8, 2008: Case complete

July 16, 2008: Case forwarded to Consulate

US CONSULATE - RIO DE JANEIRO

July 22, 2008: Case arrives at Consulate

July 24, 2008: Medical Exam

August 14, 2008: INTERVIEW! Visa issued!

August 18, 2008: Received immigrant visa and document package via DHL

January 16, 2009: Enter US at LAX POE

1-751 JOINT PETITION

November 5, 2010: Mailed file for 1-751 Removal of Conditions

November 6, 2010: Petition package arrival at CSC [check cashed on 11/10/10]

November 12, 2010: NOA1 received

December 14, 2010: Biometrics appointment

February 11, 2011: Approval of Removal of Conditions

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