Petitioner waiting for I-130 with beneficiary, in that latter's country?

[dhobee 1]

We applied for I-130 in April, 2006 and the case is still pending with the USCIS. Because it has been so long, we have been considering alternate plans. If nothing comes up for us till May, 2007, we have decided (hoping against hope, still) that my husband, the petitioner in this case, will leave his job in the US and return to Pakistan... wait till I-130 gets approved, I get the visa and then, we'll move to the US together.

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Our questions are:

• 1. Has anyone tried this before?
  
• 2. Can a petitioner leave US like this and still have the I-130 processing continue ?
  
• 3. If yes, would the application process suffer because of this temporary relocation of the petitioner?
  

[homesick_american 1]

We applied for I-130 in April, 2006 and the case is still pending with the USCIS. Because it has been so long, we have been considering alternate plans. If nothing comes up for us till May, 2007, we have decided (hoping against hope, still) that my husband, the petitioner in this case, will leave his job in the US and return to Pakistan... wait till I-130 gets approved, I get the visa and then, we'll move to the US together.

.

.

.

Our questions are:

• 1. Has anyone tried this before?
  
• 2. Can a petitioner leave US like this and still have the I-130 processing continue ?
  
• 3. If yes, would the application process suffer because of this temporary relocation of the petitioner?
  

A few questions....

Are you the US citizen or is he? Is either of you a US citizen? If neither of you is a citizen and one of you is an LPR, it will take years for the spousal visa to come through.

Have you contacted the USCIS to see why your petition, filed a year ago, has not been approved? That sounds like way too long.

[dhobee 1]

He is a US citizen.

Of course, USCIS, a congressman and a senator have all been contacted. The case is with some "other department". No one defines is further.

[homesick_american 1]

He is a US citizen.

Of course, USCIS, a congressman and a senator have all been contacted. The case is with some "other department". No one defines is further.

Hmmm, doesn't sound quite right to me. Our I-130 was approved in around 60 days. You need to do some serious digging, something is wrong here.

[Yodrak 7]

dhobee,

The visa application process is going to suffer when it comes time to demonstrate that the visa applicant (you) meets the public charge provisions of the law unless either the visa applicant or their petitioner has a fair amount of money that they can live off of for quite some time, or the visa applicant has someone other than the petitioner to sponsor them.

Yodrak

We applied for I-130 in April, 2006 and the case is still pending with the USCIS. Because it has been so long, we have been considering alternate plans. If nothing comes up for us till May, 2007, we have decided (hoping against hope, still) that my husband, the petitioner in this case, will leave his job in the US and return to Pakistan... wait till I-130 gets approved, I get the visa and then, we'll move to the US together.

.

.

.

Our questions are:

• 1. Has anyone tried this before?
  
• 2. Can a petitioner leave US like this and still have the I-130 processing continue ?
  
• 3. If yes, would the application process suffer because of this temporary relocation of the petitioner?

[cander42 0]

how you can do some digging, and uscis processing it

[dhobee 1]

Thanks Yodrak,

It should not be a problem for us to find a co-sponsor at the time of the interview. What we are worried about is that whether the embassy would create a fuss about him having left the US to live in Pakistan for the time being; and, if his moving to Pakistan will cause an outrageous delay in visa approval from the USCIS.

Any and all help is greatly appreciated!

Thanks

dhobee,

The visa application process is going to suffer when it comes time to demonstrate that the visa applicant (you) meets the public charge provisions of the law unless either the visa applicant or their petitioner has a fair amount of money that they can live off of for quite some time, or the visa applicant has someone other than the petitioner to sponsor them.

Yodrak

We applied for I-130 in April, 2006 and the case is still pending with the USCIS. Because it has been so long, we have been considering alternate plans. If nothing comes up for us till May, 2007, we have decided (hoping against hope, still) that my husband, the petitioner in this case, will leave his job in the US and return to Pakistan... wait till I-130 gets approved, I get the visa and then, we'll move to the US together.

.

.

.

Our questions are:

• 1. Has anyone tried this before?
  
• 2. Can a petitioner leave US like this and still have the I-130 processing continue ?
  
• 3. If yes, would the application process suffer because of this temporary relocation of the petitioner?

[dhobee 1]

[meauxna 15]

It should not be a problem for us to find a co-sponsor at the time of the interview. What we are worried about is that whether the embassy would create a fuss about him having left the US to live in Pakistan for the time being; and, if his moving to Pakistan will cause an outrageous delay in visa approval from the USCIS.

Plenty of people do this dhobee; I was one USC living abroad when I petitioned my spouse. I was careful to maintain my ties to the US (domicile) and prepared for the I-864 (requires US domicile and certain income/asset/sponsorship requirements). I was questioned about my employment prospects in the US when I returned.

[cander42 0]

meauxna , did you have a cosponsor , or you just had assest during interview

[meauxna 15]

meauxna , did you have a cosponsor , or you just had assest during interview

I did have a Joint Sponsor, but did not need to use their documents. We qualified on assets and my husband's ongoing UK-based income was allowed to be added as a bonus.

[cander42 0]

thank you for replying meauxna

can you please explain to me more , what you mean by ongoing income in UK

what you guys used for assest (money at the bank, properity, ....)

did you guys used household

thank you

[meauxna 15]

thank you for replying meauxna

can you please explain to me more , what you mean by ongoing income in UK

what you guys used for assest (money at the bank, properity, ....)

did you guys used household

thank you

My husband has income from the UK that is paid to him regardless of where he lives.

Our assets at the time included equity in real estate, various investments (mutual funds etc), cash on deposit.. um, I think that was it at the time.

I don't have the official link to hand, but the form instructions cover it fairly well too. Assets must be something of value that could be converted to cash within 12 months, and you must subtract the debt owning against any of it (ie in real estate).

The qulaifications for being a household member were different when I filed than they are now; we were/are a household of only 2 and we had been living together long enough for my husband's income to be included. Tho not required to put us over the PG limits, it was useful to show that we actually had some cash coming in the door as well (we were both not working at the time).

[homesick_american 1]

It should not be a problem for us to find a co-sponsor at the time of the interview. What we are worried about is that whether the embassy would create a fuss about him having left the US to live in Pakistan for the time being; and, if his moving to Pakistan will cause an outrageous delay in visa approval from the USCIS.

Plenty of people do this dhobee; I was one USC living abroad when I petitioned my spouse. I was careful to maintain my ties to the US (domicile) and prepared for the I-864 (requires US domicile and certain income/asset/sponsorship requirements). I was questioned about my employment prospects in the US when I returned.

London's domicile standards are pretty loose. You don't actually have to have domicile in the USA anymore; all that is necessary is intent to re-establish it, according to the US Embassy in London's website and the forms I filled out in 2006. Nobody asked either of us about our employment prospects.

[cander42 0]

thank you alot for responding me , i appreciate it