USC currently living abroad, questions (split and merged topic)

[uab1969 20]

Couple questions::

USC living in Spain for about 6 years, with periodic visits back to the US 2 or 3 times a year. Not legal (no job, I am simply retired)...but have a signed rental contract with my spouse for 4 or 5 years. Have a local "padron" (which means I am registered in the city town hall for census purposes etc).

Seems to me most of the "expedited" applicants here have had _legal_ residency in the foreign country. Does the USCIS then take issue then with the fact you have been living abroad "illegally" (do they even ask??). I am retired, and haven't worked (dentist) since I left the US. But I list my US daughter's US address that I have used for EVERYTHING, from Medicare to Soc Sec to credit cards to banks to US phone records to current driver's license etc

If I list my foreign address on the I-130 so that I can receive correspondence from the USCIS here in Spain, and then use my daughter's US address/domicile on the I-864, does that make any difference to the USCIS/NVC, as long as I can demonstrate my intent to live in the US when that time comes?

Also, just what is included in the NOA1/NOA2 packets they send out via snail-mail, is it just notifications or is there something in there you need to physically use for the NVC petition? If I list my Spanish address in the I-130, will the USCIS actually send the hard copies via mail to me here in Spain??

Thank you.

Edited October 8, 2013 by uab1969

[uab1969 20]

Let's turn this around a little, what if the sponsor filing a I-130 (US citizen) is the one living semi-illegally in Spain, meaning he stays here for months on end, then goes back to the US and spends a little time there - then back again. The I-130 contains the Spanish address so that mailings will go to Spain.

It is my understanding the USC does not need any PC from Spain from the USC, only the beneficiary who has the Spanish residency card does.

When filing the 864, the US address is then entered instead of the Spanish one. The mailings after the 864 then go to the US address...is that correct and there should be no problem with "illegality??"

Edited October 10, 2013 by uab1969

[Ryan H 3,834]

***One post split into thread of its own from and another post merged into this thread.***

**Moderator hat off**

Does the USCIS then take issue then with the fact you have been living abroad "illegally" (do they even ask??).

They don't care what your immigration status is in another country.

If I list my foreign address on the I-130 so that I can receive correspondence from the USCIS here in Spain

Yes and despite USCIS claims to the contrary, they do send notices to foreign addresses (doesn't mean you will receive them though because it's subject to the reliability of said country's postal system).

Also, just what is included in the NOA1/NOA2 packets they send out via snail-mail, is it just notifications or is there something in there you need to physically use for the NVC petition?

They are only notices, they do not contain anything you would need for the NVC phase of the process.

It is my understanding the USC does not need any PC from Spain from the USC, only the beneficiary who has the Spanish residency card does.

Correct