where to file I-130

[adritk 0]

Okay, so I have been a permanent resident in Pakistan for over 2 years. My husband and I were waiting til the 2 year mark to file the I-130 because for whatever reason we thought that was necessary. anyways, we're trying to file it now but we've run into the issue of where to file it. I reside in Lahore, pakistan for most of the year, but i do go back to visit my parents in america once or twice a year because I have a son and they want to see them and just because we miss eachother. anyways, i called the embassy here and its not enough that i have held a permanent resident visa for 2 years, i have to have physically been in the country for 6 months prior to filing in order to qualify to file at the american embassy in islamabad. and i just called the uscis and spoke to a rep because i thought i would just file in america then (because i've only currently been in pakistan for 1.5 months because i visited my family over the summer) and she gave me the impression that i just had to wait. personally i start going crazy in this country after about 6 weeks so i dont really know about waiting. i just dont see how its possible that i can't file in america if i do reside there for part of the year just not most of the year.

so i guess my question is, is the rep correct? do i just have to suck it up and be here for 6 months straight? or can i still file in america and just put my parents address (where i reside with my son when we're in america) as my main address on the I-130 form and file it in america?

also, on another note.....do you still have to file am I-212 if your relative has been deported for 5 years or more?

thanks in advance for any advice

[Darnell 8,479]

I smell 2 problems -

1. you probably talked with 'local worker' in Islamabad , not any USCitizen, Consular OFficial.

2. USCIS Reps are notoriously misinformed, if you talked with the first person that answered the phone.

Regardless of which country you reside in, you can ALWAYS file an I-130 to the lockbox address in Chicago.

IF Islamabad views yer 'summertime abscence' as truly a big deal, then , IMO, you should accrue 6 months of time in country before attempting to file DCF'd I-130 to the US Embassy. Verify this wish a Consular officer, not any 'local worker'.

Now - dig out a calendar, ya? Some 2010/2011 thingie.

Work up both scenarios

1. wait until 6 months duration in Islamabad, file the DCF'd I-130 versus

2. file the I-130 to the lockbox in Chicago this week.

If you study timelines and timeticks, make these calendar comparisons -

you should see

Yer in for 'about the same' amount of 'waiting time', from 'today' until interview day.

IMO, filing to Chicago is useful for 1 thing, only - you don't have to remain in Pakistan over yer child's winter school break, can get back to USA for a visit.

anyway - work up those 2 calendars, putting in timeticks on each timeline.

Is a good exercise for you - you can gain some knowledge from doing the homework.

--------------

re: I-212 - sorry, I be clueless. You did get some good answers over at http://www.visajourney.com/forums/topic/274621-i-212-or-i-130-first/ though- did you determine IF you needed to file the I-601, or not?

--------------

Good Luck !

Edited September 28, 2010 by Darnell

[Muhammad n Maryam 1]

I smell 2 problems -

1. you probably talked with 'local worker' in Islamabad , not any USCitizen, Consular OFficial.

2. USCIS Reps are notoriously misinformed, if you talked with the first person that answered the phone.

Regardless of which country you reside in, you can ALWAYS file an I-130 to the lockbox address in Chicago.

IF Islamabad views yer 'summertime abscence' as truly a big deal, then , IMO, you should accrue 6 months of time in country before attempting to file DCF'd I-130 to the US Embassy. Verify this wish a Consular officer, not any 'local worker'.

Now - dig out a calendar, ya? Some 2010/2011 thingie.

Work up both scenarios

1. wait until 6 months duration in Islamabad, file the DCF'd I-130 versus

2. file the I-130 to the lockbox in Chicago this week.

If you study timelines and timeticks, make these calendar comparisons -

you should see

Yer in for 'about the same' amount of 'waiting time', from 'today' until interview day.

IMO, filing to Chicago is useful for 1 thing, only - you don't have to remain in Pakistan over yer child's winter school break, can get back to USA for a visit.

anyway - work up those 2 calendars, putting in timeticks on each timeline.

Is a good exercise for you - you can gain some knowledge from doing the homework.

--------------

re: I-212 - sorry, I be clueless. You did get some good answers over at http://www.visajourney.com/forums/topic/274621-i-212-or-i-130-first/ though- did you determine IF you needed to file the I-601, or not?

--------------

Good Luck !

[/quote

Your language usage always puts a smile on my face

[Darnell 8,479]

ssssssssssssssssh - you'll help others join the 'read it twice' campaign, and sometimes find the hidden humour !!! Don't tell anyone !!!

[Aysha fawad 0]

Well as far as I know ...when you file your affidavit of support you do have to prove that your country of "domicile" is the US ....which means living or working here. And isn't it true that you can LOSE your green card If you leave the country too often or stay out frequently??

[LotofPatience 65]

ssssssssssssssssh - you'll help others join the 'read it twice' campaign, and sometimes find the hidden humour !!! Don't tell anyone !!!

Now I read it once. IMO, I am used to it

Loto

[Aysha fawad 0]

@ adritk ....omg that's soooooo my dream....to be able to spend more time in Pakistan. I'm also a permanent resident but I don't understand how you can manage to stay in pak for long periods ...do you apply for reentry permits? .....and they've never said that you might lose your green card this way? Prayers for you

[Muhammad n Maryam 1]

ssssssssssssssssh - you'll help others join the 'read it twice' campaign, and sometimes find the hidden humour !!! Don't tell anyone !!!