Petitioner Have to be in U.S. to File I-130/I-129?

[teemell 0]

Hello,

My husband and I are about to send the I-130 to Chicago...but since our wedding this spring he has been living with me in Canada on a temporary resident visa which expires mid-October 2009.

So my question is does he have to return to the U.S. first before he can file the I-130 ?

Any input would be much appreciated!

[Stephen + Elisha 92]

You should look into Direct Consular Filing (DCF) (i.e., filing directly with the U.S. Embassy or Consulate in Canada) for the I-130—it could lead to an IR-1/CR-1 visa much faster than any other route.

[teemell 0]

Thanks...yes, we did go to the U.S. consulate here but we don't qualify as my husband needs a Canadian driver's license and/or health care number, which as a temporary resident he doesn't qualify for.

[Jauque 1]

It's my understanding that you can file from anywhere.

Edited July 30, 2009 by Jauque

[Stephen + Elisha 92]

If you're not eligible for DCF, then you can/must file your I-130 (CR-1/IR-1 visa) and I-129F (optional, for K-3 visa) in the US. He doesn't have to come back to the US to file, however. The petition should be sent to the service center that serves the state where his current or last US address was located.