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Can we reside abroad and travel for the interviews?

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Filed: Country: South Africa
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Hi,

Does anyone know if there are requirements for where I (the USC) have to be living at the time of sending the paperwork for the I-130?

(My husband is from South Africa but we don't currently live in South Africa. South Africa still has DCF but if we do the paperwork from SA we'd have to move back there and wait for me to become a resident and live there for 6 months. Currently we're living in another country (not US or SA) and are on tourist visas. We can't apply from there because we don't have 'legal residency.')

Can I submit the paperwork now and wait it out abroad. Can we arrive in South Africa before the interviews?

We appreciate any help we can get! All of this seems so complicated!

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Filed: Lift. Cond. (apr) Country: China
Timeline

You can submit the paperwork to the lockbox in Chicago from anywhere abroad, just list your husband's South Africa address on all forms that ask for it.

For you the USC, there is no requirement where you have to be living at the time the I-130 is filed. When the time comes for you to submit the Affidavit of Support (AOS), you must show that you have maintained or show that you are in the process of re-establishing a US domicile.

Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

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My husband (USC) had to prove that he was resident in South Africa before we could use DCF, and they were pretty particular about it. Fortunately, we had been living there for 5 years. He was asked to produce stuff like lease agreements and copies of his visas as evidence of this. We also went ahead and added other stuff (vehicle registration, joint banking etc) just to be sure.

So to answer your question - I DO think you may have to move to SA if your intention is to use DCF. If you can, contact USCIS in Johannesburg. I found them particularly helpful and they always responded to my many e mail enquiries.

if you DON'T want to use DCF, then what Ryan has said above holds true.

Consulate: South Africa
Married: 2011-06-25
I-130 Sent: 2011-07-22
I-130 NOA1: 2011-07-25
I-130 Approved: 2011-07-27
Receive I-864 Package: 2011-11-10
Return Completed I-864: 2011-11-14
Packet 3 Received: 2011-11-10
Packet 3 Sent: 2011-11-10
Packet 4 Received: 2011-11-15
Interview Date: 2011-11-30
Interview Result: Approved
Visa Received: 2011-12-06
US Entry: 2012-01-11
Port of Entry: San Francisco

ROC I-751 Filed: 2013-12-19

NOA1: 2013-12-23

Biometrics: 2014-01-16

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Filed: Timeline

Hi,

Does anyone know if there are requirements for where I (the USC) have to be living at the time of sending the paperwork for the I-130?

(My husband is from South Africa but we don't currently live in South Africa. South Africa still has DCF but if we do the paperwork from SA we'd have to move back there and wait for me to become a resident and live there for 6 months. Currently we're living in another country (not US or SA) and are on tourist visas. We can't apply from there because we don't have 'legal residency.')

Can I submit the paperwork now and wait it out abroad. Can we arrive in South Africa before the interviews?

We appreciate any help we can get! All of this seems so complicated!

You can send the applications from anywhere in the world, and you just need to list a mailing address where you can receive notifications. You can designated SA as the place where you want the visa to be processed. If you don't want to travel back to SA, you'll have to check with the local embassy to see if they will accept the approved I-130 and visa application once it's processed in the states. Note that this would be different than the requirements for using DCF in a particular country; you just want them to take the visa application once it's ready. You can designate a consulate on the I-130, but it doesn't mean that they will do it for you.

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