what if US spouse moves -- to the US?

[jensky 0]

I'm new here, but I've been reading a lot of posts and the guides and have learned a lot already. Mysel

[YuAndDan 153]

Actually many do just that to prepare for immigrant coming to USA, as well as re-establish domicile, and perhaps secure a job in order to be able to sponsor and support the immigrant.

US domicile is a REQUIREMENT to sponsor an immigrant, and the petitioner (US Citizen Spouse) MUST sponsor the immigrant.

[pushbrk 13,073]

Actually many do just that to prepare for immigrant coming to USA, as well as re-establish domicile, and perhaps secure a job in order to be able to sponsor and support the immigrant.

US domicile is a REQUIREMENT to sponsor an immigrant, and the petitioner (US Citizen Spouse) MUST sponsor the immigrant.

After the petition is accepted by the Consulate, moving back to the US is no problem and quite common.

[silvermoondust 0]

I actually left the UK very shortly after handing in the I-130, before it was even approved.

[Vragbir 0]

It is fine for a spouse to enter the US prior to paperwork being filed

This is a list of the paperwork that needs to be filed and the timeline involved. The I-130/I-485/I-765/I-131. The I-130 takes about 6-8 months for approval. The I-765 (Employment Authorization) and I-131 (Advance Parole for Travel purposes) can take anywhere from 1 - 5 months to obtain.

I would recommend you start gathering documents to prove the bonafides of the marriage i.e, bank statements; copies of lease, medical insurance; utility bills; credit card statements; photos (with family events); etc. Does not matter if they are from the UK.

[kaffy 2]

The I-130 takes about 6-8 months for approval.

Yikes! not for DCF.. mine took 1 week.

From what I understand the US spouse must be in the foreign country when the I-130 petition is filed (to fulfill DCF residency requirements and what not) but once the paperwork is submitted they can return to the US and begin to re-establish domicile, etc

also, DCF is for an immigrant CR1/IR1 visa so there is no I-765 or I-131 that needs to be filed

Edited December 13, 2008 by kaffy

[pushbrk 13,073]

The I-130 takes about 6-8 months for approval.

Yikes! not for DCF.. mine took 1 week.

From what I understand the US spouse must be in the foreign country when the I-130 petition is filed (to fulfill DCF residency requirements and what not) but once the paperwork is submitted they can return to the US and begin to re-establish domicile, etc

also, DCF is for an immigrant CR1/IR1 visa so there is no I-765 or I-131 that needs to be filed

Yes, just disregard Vragbir's post. None of it is applicable to a DCF filing. Filing to visa interview times do vary quite a bit from country to country though.

[jensky 0]

Thanks for the replies. I think that answers my basic question. My post got cut off while I was writing it--computer at work doesn't like outgoing emails/post. I didn't actually think it was sent at all.

For what it's worth, here's my original post, which has a few more details, and another query more specific to DCF filing in Vancouver if anyone is familiar here. But thanks for the replies, and sorry for the backwards posting.

My original post I meant to send yesterday:

I'm new here, but I've been reading a lot of posts and the guides and have learned a lot already. Myself, I am Canadian. My husband is American, and we are preparing to submit--or he is preparing to submit--the I-130. He is presently residing in Canada on a temporary resident permit: he has been here on visitor status for approximately 6 months, and got the temp. resident permit about a month ago.

I have a couple of questions, the first takes a bit of background.

* I emailed the Montreal consulate to ask them if we could do the DCF filing with his status. I explained his situation exactly as above. I thought that his "residency" probably wouldn't be permanent enough to satisfy their requirements. They emailed me back saying that as long as he has legal status, and they pointed out THAT HE DOES, then we can file in Vancouver. I'm still sceptical as to whether Vancouver is going to accept a temporary resident permit. Any comments? It's worth a try I'm supposing.

* Assuming we do file in Vancouver, then the thing gets passed to Montreal etc.... There is a chance that he may in fact want to move back to the US before my visa has arrived. There are a number of reasons for this: some personal (he's very limited here, can't work etc), he may want to actually just move into the place where we will eventually live, and live in a place where he can do more for himself. This move is by no means decided yet, but if he did move after we had filed the DCF route, would this screw things up at all? Or would we simply have to file a change of address for him? I guess why I'm nervous at this point, is that if it is going to screw things up, we do have to make that decision now, before we file--i.e., decide whether he's going to continue to reside with me until I have my visa or move. [THIS QUESTION SEEMS TO BE ANSWERED].

Any information anyone has on a situation like this--especially if it's dealing with Vancouver and Montreal consulates--would be most helpful. Well, any info would be most helpful really.

Thanks,

jensky.

[pushbrk 13,073]

Thanks for the replies. I think that answers my basic question. My post got cut off while I was writing it--computer at work doesn't like outgoing emails/post. I didn't actually think it was sent at all.

For what it's worth, here's my original post, which has a few more details, and another query more specific to DCF filing in Vancouver if anyone is familiar here. But thanks for the replies, and sorry for the backwards posting.

My original post I meant to send yesterday:

I'm new here, but I've been reading a lot of posts and the guides and have learned a lot already. Myself, I am Canadian. My husband is American, and we are preparing to submit--or he is preparing to submit--the I-130. He is presently residing in Canada on a temporary resident permit: he has been here on visitor status for approximately 6 months, and got the temp. resident permit about a month ago.

I have a couple of questions, the first takes a bit of background.

* I emailed the Montreal consulate to ask them if we could do the DCF filing with his status. I explained his situation exactly as above. I thought that his "residency" probably wouldn't be permanent enough to satisfy their requirements. They emailed me back saying that as long as he has legal status, and they pointed out THAT HE DOES, then we can file in Vancouver. I'm still sceptical as to whether Vancouver is going to accept a temporary resident permit. Any comments? It's worth a try I'm supposing.

* Assuming we do file in Vancouver, then the thing gets passed to Montreal etc.... There is a chance that he may in fact want to move back to the US before my visa has arrived. There are a number of reasons for this: some personal (he's very limited here, can't work etc), he may want to actually just move into the place where we will eventually live, and live in a place where he can do more for himself. This move is by no means decided yet, but if he did move after we had filed the DCF route, would this screw things up at all? Or would we simply have to file a change of address for him? I guess why I'm nervous at this point, is that if it is going to screw things up, we do have to make that decision now, before we file--i.e., decide whether he's going to continue to reside with me until I have my visa or move. [THIS QUESTION SEEMS TO BE ANSWERED].

Any information anyone has on a situation like this--especially if it's dealing with Vancouver and Montreal consulates--would be most helpful. Well, any info would be most helpful really.

Thanks,

jensky.

I can't speak to whether Vancouver will accept the petition but the interview would end up being in Montreal for sure. Again, the USC need not remain in Canada beyond the date of petition filing regardless of the reasons for leaving.

[ponyespresso 0]

I'm going to be doing this, I'm the US citizen filing for my spouse (UK citizen).

We have been living in the UK for seven years, hence we have just turned in our I-130 to the US Embassy in London.

However, now that we've done that, I'll be hoping to get back to the states to 1) get a job and 2) get a place to live.

So, from what I can tell, once the I-130 gets files, there is no reason for the USC to stay in the country? They can return to the US without being needed again?

[kaffy 2]

So, from what I can tell, once the I-130 gets files, there is no reason for the USC to stay in the country? They can return to the US without being needed again?

correct

[ken86 0]

So, from what I can tell, once the I-130 gets files, there is no reason for the USC to stay in the country? They can return to the US without being needed again?

correct

[MargotDarko 0]

To be safe, ponyespresso, I would wait until the credit card has been charged. That doesn't take long though - normally around a week.