Filing the I-130 Petition from outside the US

[Ashes 0]

Hi Everyone,

I had originally posted my queries on the DCF forum but putting a new thread up here since I'm not eligible for DCF as I've just found out.

I'm a USC who has been married to my Pakistani husband for almost 4 years. We expect our first child in December. I've been living in Pakistan for almost 15 years now and unfortunately have just found out that I'm NOT eligible for DCF through the US Embassy in Islamabad since I originally entered the country on a visitor's visa when I first came. They've said it doesn't matter how long I've lived here - if I entered on anything besides a work or residency visa, I'm not eligible for DCF through them and would have to file my I-130 petition with the USCIS.

Most of the IR-1 cases I've reading about has the petitioner residing in the US and I've been able to glean very little information on filing a I-130 petition from outside the US. This is what the instructions on the I-130 say about filing outside of the US:

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.

[/b]

My local consulate embassy has told me to contact the USCIS for further information. I've tried calling them but keep getting the runaround on their IVR.

I'd be grateful if anyone can give me ANY sort of input to my questions below:

1. What should I put as the address in the #2 field on the I-130 form which asks for my address? Should I put my Pk one where I'm living or a US one? (I have that as well). I understand this is where they will send all future correspondence.

2. If I do put a Pk one then to which lockbox should I send my petition to?

3. If I put a US address here would this look odd seeing as the last 15 years have been spent in Pk and that would show up on the G-325a where I'm asked to list my past 5 addresses? I will be listing my old US address here as well - where I lived before relocating to Pk.

Thank you again for any input you may have on this.

[canadian_wife 1,822]

I assume you are planning on living somewhere when you move to the US - where will this be? With friends? Parents? List that address. Make sure whatever address you list, they are aware that you will receive mail there. You must have a US domicile.

Good luck.

[uswife 0]

my case is same. i am living in dubai with my husband still confuse on the same questions...

[Lancelotte25 1]

Hi Everyone,

I had originally posted my queries on the DCF forum but putting a new thread up here since I'm not eligible for DCF as I've just found out.

I'm a USC who has been married to my Pakistani husband for almost 4 years. We expect our first child in December. I've been living in Pakistan for almost 15 years now and unfortunately have just found out that I'm NOT eligible for DCF through the US Embassy in Islamabad since I originally entered the country on a visitor's visa when I first came. They've said it doesn't matter how long I've lived here - if I entered on anything besides a work or residency visa, I'm not eligible for DCF through them and would have to file my I-130 petition with the USCIS.

Most of the IR-1 cases I've reading about has the petitioner residing in the US and I've been able to glean very little information on filing a I-130 petition from outside the US. This is what the instructions on the I-130 say about filing outside of the US:

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.

[/b]

My local consulate embassy has told me to contact the USCIS for further information. I've tried calling them but keep getting the runaround on their IVR.

I'd be grateful if anyone can give me ANY sort of input to my questions below:

1. What should I put as the address in the #2 field on the I-130 form which asks for my address? Should I put my Pk one where I'm living or a US one? (I have that as well). I understand this is where they will send all future correspondence.

2. If I do put a Pk one then to which lockbox should I send my petition to?

3. If I put a US address here would this look odd seeing as the last 15 years have been spent in Pk and that would show up on the G-325a where I'm asked to list my past 5 addresses? I will be listing my old US address here as well - where I lived before relocating to Pk.

Thank you again for any input you may have on this.

I wonder how did you spend that 15 years in Pakistan if you came with Tourist Visa only?

Albeit I don't know the law in Pakistan, you must have been deported within those years If you did not obtain Residence Permit or Working Visa. How is that?

And If you are not entitled for DCF, then I think you have to go back to the States and file the petition,but one thing I am not sure if you are allowed to that for you've been living in Pakistan for 15 years and you don't have US domicile, I guess.

Which state do you intend to live in the States?

[Ashes 0]

Hi Everyone,

I had originally posted my queries on the DCF forum but putting a new thread up here since I'm not eligible for DCF as I've just found out.

I'm a USC who has been married to my Pakistani husband for almost 4 years. We expect our first child in December. I've been living in Pakistan for almost 15 years now and unfortunately have just found out that I'm NOT eligible for DCF through the US Embassy in Islamabad since I originally entered the country on a visitor's visa when I first came. They've said it doesn't matter how long I've lived here - if I entered on anything besides a work or residency visa, I'm not eligible for DCF through them and would have to file my I-130 petition with the USCIS.

Most of the IR-1 cases I've reading about has the petitioner residing in the US and I've been able to glean very little information on filing a I-130 petition from outside the US. This is what the instructions on the I-130 say about filing outside of the US:

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.

[/b]

My local consulate embassy has told me to contact the USCIS for further information. I've tried calling them but keep getting the runaround on their IVR.

I'd be grateful if anyone can give me ANY sort of input to my questions below:

1. What should I put as the address in the #2 field on the I-130 form which asks for my address? Should I put my Pk one where I'm living or a US one? (I have that as well). I understand this is where they will send all future correspondence.

2. If I do put a Pk one then to which lockbox should I send my petition to?

3. If I put a US address here would this look odd seeing as the last 15 years have been spent in Pk and that would show up on the G-325a where I'm asked to list my past 5 addresses? I will be listing my old US address here as well - where I lived before relocating to Pk.

Thank you again for any input you may have on this.

I wonder how did you spend that 15 years in Pakistan if you came with Tourist Visa only?

Albeit I don't know the law in Pakistan, you must have been deported within those years If you did not obtain Residence Permit or Working Visa. How is that?

And If you are not entitled for DCF, then I think you have to go back to the States and file the petition,but one thing I am not sure if you are allowed to that for you've been living in Pakistan for 15 years and you don't have US domicile, I guess.

Which state do you intend to live in the States?

Lancelot,

I came on a 2 year visitor visa which was renewed until I got a NICOP made which allows US Citizens of Pakistani origin visa free entry and unlimited stay in Pk.

As far as US domicile goes, I have a US bank account and am a registered voter. I will be gathering more proof of intent to domicile in the US as needed.

Additionally, from my contact with various posters on a different forums, an I-130 can be filed from outside the US. The main thing is to provide a US mailing address where they can send the correspondence to.