Very basic question about location

[gringainchile 1]

Hi,

This may be kind of a silly question but here goes.

I am a US citizen and my husband is a Chilean citizen. We have been married for 20 years. We currently live in Chile but previously lived in the US, he had a green card but had to give it up after we had lived in Chile for a couple of years.

My question is this: According to the consulate here in Chile, we can't file through them anymore, we have to file directly to the US. And then of course, my husband has to stay in Chile and await his interview, etc. But what about me? Can I stay in Chile while we are waiting? Can I go back to the US before the process is finished (which I am thinking about doing to put our kids in school in September)?

My mother is going to sponsor my husband so the issue of support is not a problem.

Thanks!

[gringainchile 1]

Whoops, I forgot to say that we are applying for an immigrant visa for my husband so we can return to the U.S.!

[NikLR 13,220]

Yes you can return at any time to the USA. I assume your children have their CRBA and US passports? If not get those ASAP. It is good to be back in the USA for the final part of the process because it shows you've established domicile however check on your regional forum if you need to be at the interview or not. The petitioner being present at the interview is very dependent on country (Ecuador and Dominican Republic, for example, are two countries where it's pretty much imperative that the petitioner is at the interview. )

I would start the filing process from Chile because often the NBC will adjudicate the petition vs sending it to a local office. That means about 1-3 months for the petition being processed vs 3-8+. You can always slow things down at the NVC if you want. That stage is where you have more control over the proceedings than just the waiting that is the USCIS stage.

Best of luck to you and your family!

[gringainchile 1]

Hi, thanks for your answer. the kids were actually born in the US and they have passports so no problem there.

I'm a little confused about what you mean by NBC and NVC (pardon my ignorance, you'd think we know this since we went through the process in 1993(!) but things have changed A LOT).

thanks

[NikLR 13,220]

Instead of the petition being sent to the service centers (California or Vermont) they are now forwarded from the lockbox (for you it would be Chicago lockbox) to the National Benefits Center in Lee's Summit, Missouri. (NBC) Your receipt number will start with MSC because NBC used to be called Missouri Service Center. From there the NBC either adjudicates the petition themselves, or sends it to a local office based off of the petitioner's address around the 2 months mark. They do not send them abroad which is why if you do not have a US based address (you can write to be determined in the petition for this section) they will have to adjudicate the petition themselves. Sometimes they do it anyhow, but your chances are MUCH better if you aren't already domiciled in the USA.

After the petition is approved it will be sent to the National Visa Center in New Hampshire. This is the stage where you will pay the AOS a (affidavit of support) and IV (Immigrant visa) invoices. NVC is where your husband will choose an agent (DS-3032) and then apply for the visa (DS-230) and submit the original documents needed (what is known as the IV package.) It's also where you and your mother will submit your I-864's and supporting documents (AOS package.)