continue with I-130 or I-129? cannot provide US domicile

[Bostoneer 0]

I'm an US citizen living abroad for 20 years, I've been married to a non-US for 13 years and I have an 11 years old US citizen son from my non-US spouse. We intend to relocate in the US permanently. I've applied for I-130, and received I-797C. Currently waiting for approval from USCIS. For the next steps I'll need to file DS 260, where my problem lies. I cannot provide an US domicile What I need to clarify is, shall I continue my petition with I-129 F which does not require US domicile as far as I have understood. Or if to continue with DS-260, in case my wife can provide adequate assets, does she still need my affidavit of support.

[gregcrs2 1,778]

You say you are married for 13 years, therefore you CANNOT file for the I-129F.  

[debbiedoo 2,339]

if you are married you CAN NOT file 129f

 

you will have to make steps to establish domicile.

 

You will be her sponsor and will also have to meet income guidelines. Unless her employment will continue AFTER you move here, you can not adjust based on her income.

 

That means, you will have to find a US job or get a co sponsor.

[Bostoneer 0]

thanks for the answers, I'd presumed I could apply as a K3 visa regarding below item

I-129F, Petition for Alien Fiancé(e)

Use this to petition to bring your fiancé(e) (K-1) and that person’s children (K-2) to the U.S. for marriage to you, or to bring your spouse (K-3) and that person’s children (K-4) to the U.S. to apply for lawful permanent resident status.

[gregcrs2 1,778]

K-3 are basically obsolete for several years now.  If you submit for a K-3, it will likely be changed to an IR-1 visa.

[aaron2020 11,651]

1 hour ago, Bostoneer said:

I'm an US citizen living abroad for 20 years, I've been married to a non-US for 13 years and I have an 11 years old US citizen son from my non-US spouse. We intend to relocate in the US permanently. I've applied for I-130, and received I-797C. Currently waiting for approval from USCIS. For the next steps I'll need to file DS 260, where my problem lies. I cannot provide an US domicile What I need to clarify is, shall I continue my petition with I-129 F which does not require US domicile as far as I have understood. Or if to continue with DS-260, in case my wife can provide adequate assets, does she still need my affidavit of support.

You can not file an I-129F.  With an approved I-130 for a IR-1, you will not qualify for a K-3.  You must continue with the DS-260.  You will need to file an I-864.  You will need to meet the US domicile requirement.  

Have you been filing US tax returns?

 

Do you have a Joint Sponsor lined up?

 

[NikLR 13,232]

K3 is oboslete plus youre past the stage where you could have tried.  The k3 only continues if the I-129F makes it to the NVC before the I-130.