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Living out of us while filing for I-130

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My husband lives in the DR If I move there to be with him can I still file for a I-130 even if I'm not residing in the us at that moment. ( only plan to go for a few months) might be expecting child and want to go through this journey together.

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

Moved from Bringing Family Members of US Citizens to America forum to IR-1/CR-1 Process & Procedures.

Our journey:

Spoiler

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

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: AOS (apr) Country: Canada
Timeline

My husband lives in the DR If I move there to be with him can I still file for a I-130 even if I'm not residing in the us at that moment. ( only plan to go for a few months) might be expecting child and want to go through this journey together.

Read this, it will answer all your questions.

http://www.visajourney.com/forums/topic/419247-living-overseas-while-applying-for-cr-1-spouse-visa/

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Filed: Citizen (apr) Country: Ireland
Timeline

Yes you can, many people have done so including myself.

The only issue is the affadavit of support- ie how will you sponsor him with no current income? Your options are sponsoring him on assets, (need 3 times as much as income), or finding a US based co-sponsor.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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My husband lives in the DR If I move there to be with him can I still file for a I-130 even if I'm not residing in the us at that moment. ( only plan to go for a few months) might be expecting child and want to go through this journey together.

My husband (the USC) and myself (the benefiary) are filing while living in Australia. There are many of us on these forums filing from abroad.

As mentioned earlier, it's no issue to file from abroad at all, but you need to consider the affidavit of support stage. For example ... we are having a baby in July so my husband will be working but I won't. When he puts down his job on the form he actually has to put $0 as the income won't continue when we go to the USA. Essentially we have two choices:

1) Having to file with "assets" (cash in savings) which has to be as someone said, 3 times the income level. For a family of 3 like us, that's just under $76000 US.

OR

2) You have to have a sponsor in the USA who earns more than $25,000 US a year.

So as long as you're able to do one of those two options, then your plan will work fine :-)

Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

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