Filing I-130 for husband who is in Sweden and me in India

[kkodi721 1]

Hi All, 

 

I have a quick query regarding the US Marriage Based VISA.

 

My foremost important question is: Would the filing of Form I-130 be the first step and mandatory step to start the US Marriage Based VISA processing regardless of where the spouse and sponsor live or any other factors?

 

Scenario:

If I am currently working in India (but am a US citizen and have never worked in the US before) and my husband is working in Sweden (and is an Indian citizen), should we apply for the marriage based visa in India (USCIS unit is in New Delhi, India - they mentioned that both I and my husband should be present during the I-130 filing at New Delhi but can we just not post it??), or should I go to Sweden to my husband and apply from there, or go to US alone and apply from there? Which option would be wise and take less time? Or do you have any better suggestion?

 

If I apply from India USCIS, will I have to present in India the entire time the process takes place? And my husband?

 

Hope to get a response soon, thanks guys!

[Roel 7,192]

Doesn't matter where you apply from. If your husband is living and working in Sweden, he can do his medical and interview there.

 

What do you mean by "less time"? I-130 will take about 12 months for approval no matter the country you're filling it from. It all go to the same address in the US.

 

Also as US citizen you're required to file taxes even if you live and work somewhere else. Your tax returns will be required in the process.

[Thegirl 225]

If you qualify for DCF that would be the fastest route. If you're doing DCF then you have to follow their instructions, go in person. 

And yes, filing the i-130 is the first and mandatory step in the process regardless of where the spouses live and work.

Edited March 13, 2019 by Keas

[kkodi721 1]

Hi!

 

How would I know if I qualify for DCF, and what is that exactly?

I've been in India since 2010 till now and finished my undergrad, masters and working here as of now.

Do I have to go to USCIS, New Delhi or can I just post it to the Chicago USCIS address (considering that is the default one).

 

New Delhi, USCIS was saying that my husband and I should be present for the filing, but my husband (in Sweden now) and me in another city, would have to go to Delhi just for the process. Need to know if this processing can be done via post?

 

[SusieQQQ 11,587]

When are they closing down the DCF offices?

[SusieQQQ 11,587]

33 minutes ago, kkodi721 said:

Hi All, 

 

I have a quick query regarding the US Marriage Based VISA.

 

My foremost important question is: Would the filing of Form I-130 be the first step and mandatory step to start the US Marriage Based VISA processing regardless of where the spouse and sponsor live or any other factors?

 

Scenario:

If I am currently working in India (but am a US citizen and have never worked in the US before) and my husband is working in Sweden (and is an Indian citizen), should we apply for the marriage based visa in India (USCIS unit is in New Delhi, India - they mentioned that both I and my husband should be present during the I-130 filing at New Delhi but can we just not post it??), or should I go to Sweden to my husband and apply from there, or go to US alone and apply from there? Which option would be wise and take less time? Or do you have any better suggestion?

 

If I apply from India USCIS, will I have to present in India the entire time the process takes place? And my husband?

 

Hope to get a response soon, thanks guys!

Just to make sure you are aware you need to show domicile or intent to establish domicile in the US, and a US source of income (could be joint sponsor), to successfully complete the petition & get your spouse an immigrant visa.

[kkodi721 1]

And also is it true that I (the sponsor) would need to be present in India if I file from the New Delhi USCIS for I-130? I plan to apply for I-130 and then make a move to Sweden/US for jobs accordingly.

 

I have not earned or filed taxes in the US till now - but my dad is a US Citizen and is currently working in Dallas now.

Would that help in any way?

[Roel 7,192]

6 minutes ago, kkodi721 said:

I have not earned or filed taxes in the US till now - but my dad is a US Citizen and is currently working in Dallas now.

Would that help in any way?

If you're US citizen, you have to file your taxes. Your dad can be a joint-sponsor, but as a main sponsor, you need to show your tax returns. Doesn't matter that you don't work in the US.

[SusieQQQ 11,587]

Is your dad willing to sign an affidavit of support as a joint sponsor?

 

and Roel is correct, you will need to get your affairs with the irs in order to do this too.

 

by the way, when do you and your future spouse plan to move to the US? As soon as the visa is granted?

Edited March 13, 2019 by SusieQQQ

[WeGuyGal 1,052]

7 minutes ago, kkodi721 said:

And also is it true that I (the sponsor) would need to be present in India if I file from the New Delhi USCIS for I-130? I plan to apply for I-130 and then make a move to Sweden/US for jobs accordingly.

 

I have not earned or filed taxes in the US till now - but my dad is a US Citizen and is currently working in Dallas now.

Would that help in any way?

Raises the question.. is your husband planning to live in Sweden or the US? 

 

You would have to check with an accountant whether you owe any US taxes on worldwide income. But you will have to establish US domicile prior to your husband getting an immigrant visa. 

[kkodi721 1]

Yes - my husband will move to the US as soon the green card/visa to enter the US comes in.

I will move in earlier to the US. I just want to ensure that I don't need to stay in India (as I will file from there) during the entire process.

 

I need some suggestions on how to go about filing taxes in the US now as I have never had any income there.

 

[SusieQQQ 11,587]

6 minutes ago, kkodi721 said:

Yes - my husband will move to the US as soon the green card/visa to enter the US comes in.

I will move in earlier to the US. I just want to ensure that I don't need to stay in India (as I will file from there) during the entire process.

 

I need some suggestions on how to go about filing taxes in the US now as I have never had any income there.

 

As a US citizen you need to declare worldwide income to the IRS. You’d probably best get a tax consultant to help you catch up on filing. You may or may not actually owe taxes, depending on how much you earned, what type of income it was, and any tax treaty.  Most people in regular salaried jobs especially at a fairly junior level (as I guess you are a relatively recent graduate?) likely won’t owe taxes. But you should still file.

Edited March 13, 2019 by SusieQQQ

[WeGuyGal 1,052]

8 minutes ago, kkodi721 said:

Yes - my husband will move to the US as soon the green card/visa to enter the US comes in.

I will move in earlier to the US. I just want to ensure that I don't need to stay in India (as I will file from there) during the entire process.

 

I need some suggestions on how to go about filing taxes in the US now as I have never had any income there.

 

Have your dad contact a US-based accountant/CPA to get your US financial affairs in order. That should ideally be your first priority. 

 

Both your husband and you have to reside long-term in India (at least 6 months or more) to be eligible for Delhi DCF. If not, mail the i130 petition and supporting documents to the US and he could choose Stockholm as his interview location. 

[kkodi721 1]

I thought it was only the petitioner who is the US citizen that needs to be aboard for atleast 6 months to be eligible for DCF - in case I have been living abroad (India) for the past 9 years almost.

 

My husband is a Indian citizen working in Sweden and I have to file the I-130 for him.

 

Does he need to be India for atleast 6 months also - but that would be his home country.

[WeGuyGal 1,052]

I suggest checking with the US embassy in India about dcf requirements