Is it bad to use a US address on i-130 form?

[morlee 0]

US citizen living in Colombia and preparing an i-130 for my wife. Has anyone used a US mail address on i-130 while living abroad?

 

I've read that using a US address on an i-130 form will likely delay the process because it will cause USCIS reviewers to believe my wife is illegally living in the US. But our international mail service is non-existent. We want to use a friend's address in the US. We've never been at the address or even the city. We've lived in Colombia for 8 years, 6 years in our present home. And preparing documents supporting our existing presence here.

 

We haven't received a single international letter in the last 6 years, until one fluke a few months ago. There is no hope. It's not just unreliable; it's certain we (and anyone else) will never get anything mailed from the US. Thanks

[Just Paul 4,595]

Use the US address for you and the Colombian address on her I-130A.  USCIS will not send her anything.    I got a copy of our NOA2 by both mail and email.

[geowrian 22,337]

A US mailing address is fine. I've never heard of that causing USCIS to accuse somebody of living illegally in the US.

[morlee 0]

Ok, that's an idea. Thanks. I'm trying to think this through.

 

We're living together in Barranquilla, CO. I use our friends US address in the i-130 beginning with his name in the "In Care Of" box on the first line of the address, and his address, and all responses are sent to that address? It does seem logical and upon further examination, the "In Care of" box is on the i-130, not the i130a.

 

Will USCIS mail anything to my wife at our address that's in the I-130a form? (if so, it will be lost or stolen). Or does all come to me - everything?  Even an eventual request for her to go to an embassy?

 

And will that be considered inconsistent with our physical address, which we are documenting by attaching addressed letters and utility bills to prove we live here together?

 

Thanks again for this quick response.   p.s. ? not sure what a NOA2 is

[Hank_ 9,174]

58 minutes ago, morlee said:

US citizen living in Colombia and preparing an i-130 for my wife. Has anyone used a US mail address on i-130 while living abroad?

 

I've read that using a US address on an i-130 form will likely delay the process because it will cause USCIS reviewers to believe my wife is illegally living in the US. But our international mail service is non-existent. We want to use a friend's address in the US. We've never been at the address or even the city. We've lived in Colombia for 8 years, 6 years in our present home. And preparing documents supporting our existing presence here.

 

We haven't received a single international letter in the last 6 years, until one fluke a few months ago. There is no hope. It's not just unreliable; it's certain we (and anyone else) will never get anything mailed from the US. Thanks

 

You are going to need a U.S. domicile address for later at the embassy so having a U.S. address on the I-130 only makes sense.    

[morlee 0]

35 minutes ago, Hank_ said:

 

You are going to need a U.S. domicile address for later at the embassy so having a U.S. address on the I-130 only makes sense.    

Ok thanks again, to all. Very helpful. Best I've found yet in this process.

 

I assume you refer to an interview at the Colombian embassy after USCIS?  I have actually used that US address in the "where you intend to live" question if you receive the green card.

Edited January 16, 2020 by morlee

[Just Paul 4,595]

5 minutes ago, morlee said:

I assume you refer to an interview at the Colombian embassy after USCIS?

The petitioner will need to show either US domicile or the intent to re-establish domicile prior to or simultaneous to the beneficiary entering the US.   At the consulate, expect it to come up in the interview.

 

Mary was never sent anything by the consulate to our Mexico address.  Everything was sent to me by email and a copy to my US Address.

[morlee 0]

11 minutes ago, Paul & Mary said:

The petitioner will need to show either US domicile or the intent to re-establish domicile prior to or simultaneous to the beneficiary entering the US.   At the consulate, expect it to come up in the interview.

 

Mary was never sent anything by the consulate to our Mexico address.  Everything was sent to me by email and a copy to my US Address.

Again, every little clarification is so helpful. And it should be much easier to narrow down between options where to live at that time.

 

It may be too early for us to apply. We are going to move from Colombia to Buenos Aires, Argentina in June where my wife will begin a 1 year research sabbatical at a university there. She will retire 6 to 9 months after returning, about 24 to 27 months from now when we hope to move to the US.

 

I thought I would like to interview at the embassy and later receive the green card when we are in Buenos Aires where there is an embassy, rather than travel to Bogota if we wait to apply. But when I search how soon after receiving we must use the green card, I see some go to the US for only a shot time, register residency and return for periods of time. But this sort of stretches the system which expects people want to live in the US.  If others are receiving their green cards in 13 months more or less, maybe I should wait to apply until after we are in Argentina for 3 or 4 months. 

[Just Paul 4,595]

36 minutes ago, morlee said:

It may be too early for us to apply.

Probably not.   You can file the petition and then slowly process at the NVC and then also delay at Consulate.  You have to keep in touch once a year to remain active.

 

58 minutes ago, morlee said:

I thought I would like to interview at the embassy and later receive the green card when we are in Buenos Aires where there is an embassy

You can not obtain a green card at a consulate.   You can only get it after entering the US.  You can travel and work right away because the endorsed Visa will act as a green card for a year.   You can interview anywhere where the beneficiary has legal residence.     People waiting for green cards are typically K1s or others that have to adjust from the US.   A spousal visa gets a green card upon entering the US.

[morlee 0]

20 minutes ago, Paul & Mary said:

Probably not.   You can file the petition and then slowly process at the NVC and then also delay at Consulate.  You have to keep in touch once a year to remain active.

 

You can not obtain a green card at a consulate.   You can only get it after entering the US.  You can travel and work right away because the endorsed Visa will act as a green card for a year.   You can interview anywhere where the beneficiary has legal residence.     People waiting for green cards are typically K1s or others that have to adjust from the US.   A spousal visa gets a green card upon entering the US.

So you suggest I go ahead and file now. I prefer that. And we can deal with what we need to do when we get there. It appears we can go to the US, receive the green card, establish residency and return for limited time as long as we pay attention to the requirements to maintain a presence until we are ready to live in the US permanently. 

[Just Paul 4,595]

Just now, morlee said:

So you suggest I go ahead and file now. I prefer that. And we can deal with what we need to do when we get there. It appears we can go to the US, receive the green card, establish residency and return for limited time as long as we pay attention to the requirements to maintain a presence until we are ready to live in the US permanently. 

Exactly!  You can delay at two different points in the process. It is counterintuitive to people in this process.

 

Just be aware that the longest you want to be out of the US on a conditional green card is a year.   If you think or know that you will be gone over a year you can get a re-entry permit prior to leaving.