Petitioning I-130 from Abroad

[chilegringa 0]

I have been living abroad legally for 2 years and have heard that even when DCF is not available (which it is not here in Chile anymore) that many cases are getting expedited if they have their foreign address on the forms…

I plan on using my foreign address on all forms and hope to get expedited; I just want to make sure it is okay if I move back to the US after filing? There is a small chance that I will need to go back to the US after filing and just wait for my husband to join me.. Is this okay? I assume the NOA’s will be sent to my address abroad in that case but that would be fine because my husband will be there..and after filing the petition he will be the one who needs to be sending things in right?

Also, when putting down my address can I put down a different address other than the one we actually live in, aka my husbands families home. We receive all our mail there, but I will also be submitting a lease proving that we have lived together at our current apartment for over a year. Do I need to clarify somewhere that while we live at that address but we have a different mailing address?

[ljandjl 1]

You're right that the NOAs etc will go to whichever address you provide.

Why don't you receive mail at your current residence? If you are going to put down one mailing address and one residential address I would definitely include a sentence or two about that in the I-130 cover letter, to avoid confusion.

After the NOA1 you'll both have to send in documents (assuming you are his sponsor & filling out an I-864); what about his interview - won't you have to be there for that?

I realize you're not filing DCF (I am) but when my husband finally gets his papers I'm required to enter the same POE that he does - otherwise his paperwork is invalid. So if you move to the US, beware that you ight have to fly to Chile so that you can fly back with your husband! I might have to do this too, for work reasons.....fingers crossed the visa comes before the job starts

Good luck!

[chilegringa 0]

You're right that the NOAs etc will go to whichever address you provide.

Why don't you receive mail at your current residence? If you are going to put down one mailing address and one residential address I would definitely include a sentence or two about that in the I-130 cover letter, to avoid confusion.

After the NOA1 you'll both have to send in documents (assuming you are his sponsor & filling out an I-864); what about his interview - won't you have to be there for that?

I realize you're not filing DCF (I am) but when my husband finally gets his papers I'm required to enter the same POE that he does - otherwise his paperwork is invalid. So if you move to the US, beware that you ight have to fly to Chile so that you can fly back with your husband! I might have to do this too, for work reasons.....fingers crossed the visa comes before the job starts

Good luck!

I don't receive mail at my residential address because its an apartment and mail gets mixed up between apartments very easily - many things have been lost so its easier to send everything to his families home - I guess I will just address that in the cover letter so it doesn't look confusing...

I assume then since I am filing from abroad that even if I end up moving back to the states the documents I later send in should be coming from Chile? Or would that matter? I actually plan on having all of that ready anyways so that when we need to send it documents they are already ready to go.. thats possible right, since all the forms are online?

I suppose if I need to enter at the same POE as him I can just fly back here and come with him, I have even actually thought that I might come back just for the interview for support...

Do you happen to know anything about translating documents? Does it have to be by an official translator? I saw the forms that just has them sign that they are capable of translating and I was wondering if it was possible to have a friend do it? I have many friends here who teach English, and even though they do not have degrees in translating they do translating work..

Thanks!

[yachachiq12 43]

I realize you're not filing DCF (I am) but when my husband finally gets his papers I'm required to enter the same POE that he does - otherwise his paperwork is invalid. So if you move to the US, beware that you ight have to fly to Chile so that you can fly back with your husband! I might have to do this too, for work reasons.....fingers crossed the visa comes before the job starts

Good luck!

I'm not sure where you got this information, but there's no rule about them entering the same POE. Could you post your source? The real issue with DCF cases or cases where the USC lives abroad at the time of filing is that the USC must re-establish residency in the US before or by the same date that the alien spouse enters the US for residency. That's on page 6 of the I-864.

I assume then since I am filing from abroad that even if I end up moving back to the states the documents I later send in should be coming from Chile? Or would that matter? I actually plan on having all of that ready anyways so that when we need to send it documents they are already ready to go.. thats possible right, since all the forms are online?

Do you happen to know anything about translating documents? Does it have to be by an official translator? I saw the forms that just has them sign that they are capable of translating and I was wondering if it was possible to have a friend do it? I have many friends here who teach English, and even though they do not have degrees in translating they do translating work..

Thanks!

For the address, when you move, you'll need to update your info with USCIS. It should not affect your auto-expedite, I wouldn't think. People often move to the US after filing the I-130 via DCF without causing any problems. That's the whole idea of the process, no? To move to the US...

Translations: a competent translator is all that's needed. The person who translates (could be a friend, yourself, or a professional) will put this statement at the bottom of each translated document:

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

This is taken from the USCIS website here.

Edited April 25, 2012 by yachachiq12

[yachachiq12 43]

I assume then since I am filing from abroad that even if I end up moving back to the states the documents I later send in should be coming from Chile? Or would that matter? I actually plan on having all of that ready anyways so that when we need to send it documents they are already ready to go.. thats possible right, since all the forms are online?

That doesn't matter.

[chilegringa 0]

Does out marriage certificate have to be professionally certified or translated? Or can I just translate that myself?

[yachachiq12 43]

Same rules apply to that one.

[chilegringa 0]

Same rules apply to that one.

Thanks!

So good to know, I thought I was going to have to go to the embassy and pay to translate and certify it!

[ljandjl 1]

yachachiq12, I might have misread. You're right about establishing domicile etc. Since chilegringa is planning to go to the US first it shouldn't matter.....but the beneficiary can't enter first, so if the USC is abroad (like me) then we either have to go together or me first.

Sorry to post wrong & confusing info!

Best of luck chilegringa!