sponsoring wife to U.S - married while overseas and still overseas

[semidevil 12]

I am a U.S citizen who has been living in Hong Kong since Jan 2013. I came on a tourist visa to be with my girlfriend, and today was the day that we got married in Hong Kong.

Our future plan is to some day go back to the U.S, and it is looking like it might be at the earliest Dec 2013 or Beginning of 2014, just depending on personal situation and when is the right time to go.

I want to start planning and preparing everything I can so when she does immigrate, it will be a super smooth transition, and it will minimize the time that she will not have work authorization.

Is it possible for me to file all the paperwork while I am in HK right now, so she will obtain the right to live in the U.S -- all while we are still in HK, so we can just go to the U.S when we are ready?

Want to see if anyone has any experience in this specific situation.

P.S: not sure if it matters but this will be a second time I married a foreigner, but that was back in 2006 to 2009.

P.S2: and this will be a spouse visa right? getting married in HK is recognized in the U.S?

Edited April 14, 2013 by semidevil

[bigdog 376]

See this thread: http://www.visajourn...g-or-guangzhou/

file as married - seems it will take about a year.

Edited April 14, 2013 by bigdog

[Ryan H 3,812]

Is it possible for me to file all the paperwork while I am in HK right now, so she will obtain the right to live in the U.S -- all while we are still in HK, so we can just go to the U.S when we are ready?

You will have to send the appropriate paperwork to the US, but you can do so from HK and you can remain in HK until you move. An important caveat is that you will have to show that you are in the process of reestablishing a US domicile when the time comes to submit the Affidavit of Support paperwork.

P.S2: and this will be a spouse visa right? getting married in HK is recognized in the U.S?

Correct, your wife will ultimately apply for a spousal visa. Getting married in HK is recognized in the US.

[mopan 1]

star by filing a i-130 which you will send in to the USCIS in america. some countries have electronic filing, check and see if china is one. otherwise you will be sending all your documents to the usa. you probably won't hear back on that for a matter of months and in that time can look at what will be required by the NVC and can get those documents ready. seems to take around a a year but is different for every case. i filed last july and it looks like all the papers will be done by june. i am guessing you never field for you last wife sicn eyou don;t know the process so i don;t think USCIS will care that you married a foreigner before but you will have to provide your divorce papers.

[Ryan H 3,812]

some countries have electronic filing, check and see if china is one. otherwise you will be sending all your documents to the usa.

Electronic Processing at the NVC is only available for Mainland China cases, it is not available for cases going through Hong Kong.

[semidevil 12]

Thanks for the replies.

So my question and concern is, right now, I dont have a concrete date of when we will move back to the U.S. Is it still okay to start the I-130 or is it too early? I'm just worried that there will be a case of them asking for Affidavit of support to prove my domicile, but I'm not quite ready to move back yet. If that is the case, will my application be put on hold or is it trashed and I need to start over and pay the fee a second time?

Also, from my understanding and from the replies, the I-130 is just to get my application started and show relationship proof, and I dont need to provide the other supporting docs regarding domicile....right?

[Penguin_ie 5,993]

If the plan is still late 2013/ early 2014, definitely file now. The process takes most of a year and if yours goes unusually fast, you can delay some by taking your time sending back paperwork at NVC stage or asking for a later interview. Additionally, once issued, the visa is usually valid for 6 months (rarely less, if the medical was a long time before interview).

[G&Mhk 1]

I am a U.S citizen who has been living in Hong Kong since Jan 2013. I came on a tourist visa to be with my girlfriend, and today was the day that we got married in Hong Kong.

Our future plan is to some day go back to the U.S, and it is looking like it might be at the earliest Dec 2013 or Beginning of 2014, just depending on personal situation and when is the right time to go.

I want to start planning and preparing everything I can so when she does immigrate, it will be a super smooth transition, and it will minimize the time that she will not have work authorization.

Is it possible for me to file all the paperwork while I am in HK right now, so she will obtain the right to live in the U.S -- all while we are still in HK, so we can just go to the U.S when we are ready?

Want to see if anyone has any experience in this specific situation.

P.S: not sure if it matters but this will be a second time I married a foreigner, but that was back in 2006 to 2009.

P.S2: and this will be a spouse visa right? getting married in HK is recognized in the U.S?

WOW, your situation is remarkably similar to mine. I moved here in late 2011. Found a job and visa sponsor here and just got married in Hong Kong last week. I am starting the paperwork now and -- fingers crossed -- when things are ready, my current HK-based employer will transfer me to their small U.S. office.

At the consulate, they told me to just indicate that when it comes up.

I never changed my permanent U.S. address. The only thing I don't have right now is a job in America (until it shifts there).

Good luck. We're shooting for late 2013/early 2014 too.

[semidevil 12]

Kenixfan, which office did you send the I 130 to? I'm looking through the instructions and did not see direction? I believe Hong Kong does not have a immigration USCIS office.

[Ryan H 3,812]

Kenixfan, which office did you send the I 130 to? I'm looking through the instructions and did not see direction? I believe Hong Kong does not have a immigration USCIS office.

I-130's sent from abroad are sent to the Chicago lockbox. There is no USCIS field office in HK.