I-130 Gray Area

[hdouthit 1]

I applied for an I-130 as my husband is a US citizen but it came back as rejected as it was missing a signature. Since then, my father-in-law has become really sick and I am going over for a month on a tourist visa then when I get back to my home country, I'll start the I-130 process again. Will there be a problem at customs in that I will show having applied for the I-130. I have a return flight to prove I am not staying. Any help would be most appreciated.

Thanks

[Deputy Purple 1,294]

You can't "apply" for I-130...

I-130 is a petition that the USC Spouse files listing you as the beneficiary basically asking for permission to sponsor your Visa Application.

If the petition is approved then you will be applying for a CR-1/IR-1 Visa with the USC Spouse being your sponsor.

[Penguin_ie 5,993]

There could be a problem- I'd bring more than the return flight to proof you are returning, such as a letter from your employer stating when you are expected back, current bill and lease agreement etc.

[hdouthit 1]

Thanks for your advice. I will definitely do that.

[hdouthit 1]

Just reading your timeline, it seems really quick. Am I reading that right? Also, why did you apply for a DS-230 and not an I-129F?

Also, my USC is also in Arkansas!!

Edited January 28, 2010 by hdouthit

[Penguin_ie 5,993]

Just reading your timeline, it seems really quick. Am I reading that right? Also, why did you apply for a DS-230 and not an I-129F?

Also, my USC is also in Arkansas!!

Yes, my timeline is correct. It was that fast because we didn't have to go through the US USCIS/ NVC, but filed DCF, ie directly via the embassy. You can do this if your USC petitioner lives legally in a foreign country for at least 6 months. The same forms are used, but everything gets processed by the embassy so you bypass the waitinglists in the USA.

In our case, my US husband came to live with me in Ireland when we got married, and three years and twin babies later, we decided to move to the USA. Now happily living in NW Arkansas and expecting our third child

[hdouthit 1]

Okay, so can you guide me on how to do this. My husband has lived in Australia for the past 3 years with me. Is it possible to do this as well?

Congrats on your bubbies xxxx

I'll be moving to NW Arkansas too!

Edited January 28, 2010 by hdouthit

[Penguin_ie 5,993]

Sure thing! Assuming your husband still lives in Australia at this time, and has a residency permit, you can file directly via the embassy. VJ has a great guide on filing DCF here: http://www.visajourney.com/forums/index.ph...om&page=dcf and you should also post in the DCF forum, where other Australians who have gone through the process can help (because the embassy does everything, the policies and what they want from the petitioner and beneficiary tends to be somewhat different for each country): http://www.visajourney.com/forums/index.php?showforum=82

Also look at the US embassy's website for info, here: http://canberra.usembassy.gov/consular/visas/iv/index.html