HELP! Move to another country while waiting for I-130. (merged topics)

[htsf 7]

Hello everyone,

 

I want to know how to change the petitioner's address to another country during the I-130 waiting time?  If the petitioner move to a new country with an petition has been filed, do we need to start an new petition?

 

My husband is US citizen, and I am in Canada. Recently he decides to work in Canada to reunion with me. So we need to change his address in the USCIS.  In this situation,  because that he completely moves to Canada to live and work, do we need to submit a new petition to USCIS?  How could we change petitioner's address and keep the previous petition?  Or, could we go through the DCF in Canada?

 

***For changing the address through the instructions on USCIS website, I tried to fill Form AR-11 via mail or online. 
However, when I tried to change the address on AR-11, the New Address box even doesn't have "Canada" to let me choose (The picture was attached). This website seems only allow the domestic address change within US. I also checked the PDF of AR-11 and plan to mail it, but it doesn't not have "Canada" either.

 

I am very confused now, and I really appreciate all your opinion. Thank you so much!

[Unlockable 7,314]

If you shows he is moving to Canada your I130 will be denied. The process is for living in the US. You can't be a permanent resident if you are living in Canada. Is he planning on moving back?

[htsf 7]

8 minutes ago, Unlockable said:

If you shows he is moving to Canada your I130 will be denied. The process is for living in the US. You can't be a permanent resident if you are living in Canada. Is he planning on moving back?

Hi, thank you for answering my question. He is going to move back to the U.S., and he just wants to work in more nearby place with me temporarily. Could we still wait for the original petition? His final career goal is in the U.S..

[htsf 7]

17 minutes ago, Unlockable said:

If you shows he is moving to Canada your I130 will be denied. The process is for living in the US. You can't be a permanent resident if you are living in Canada. Is he planning on moving back?

We were distributed to the Nebraska center and we almost wait for 12 month. Do you mean that our original I-130 going to be denied anyways?

[Unlockable 7,314]

Just now, htsf said:

Hi, thank you for answering my question. He is going to move back to the U.S., and he just wants to work in more nearby place with me temporarily. Could we still wait for the original petition? His final career goal is in the U.S..

That may be a problem. He has to show domicile in the US. As well as showing his financial eligibilities. He must send in taxes and proof of his current job. If they see he is working in Canada it will raise questions.

 

It seems like a better option is to wait until you two are ready to live in the US. Your case will not get approved if you are not willing to live in the US when your visa is issued.

[htsf 7]

2 minutes ago, Unlockable said:

That may be a problem. He has to show domicile in the US. As well as showing his financial eligibilities. He must send in taxes and proof of his current job. If they see he is working in Canada it will raise questions.

 

It seems like a better option is to wait until you two are ready to live in the US. Your case will not get approved if you are not willing to live in the US when your visa is issued.

Thank you so much for your answer! Actually we are ready to live in the U.S. anytime after the visa finally issued. So his coming to Canada is just a  temporary choice to stay with me, and our original plan is that we move back to U.S. after I receive the visa sometime next year. His financial eligibility is not a problem, and it is that he changed his work place from U.S. to Canada.

[fewstee 46]

The information you are receiving from @Unlockabledoes not sound correct. A U.S. citizen petitioner can certainly file from outside the U.S. Later in the process you must establish an intent to establish domicile but that is after the I-130 is approved.

 

As for changing address, I am just going from memory but I think you might need to call or mail in a form if your address is outside the United States. I know I was not able to do it online either as I am in a similar situation. In my case I will still be here hopefully when the I-130 is approved so we are changing the address at the NVC stage to have it sent to the correct embassy. 

 

I do not think you need to file a new I-130 nor will you do DCF. You just need to make sure you get the mail for the NOA2.

Edited February 28, 2020 by fewstee

[htsf 7]

23 minutes ago, fewstee said:

The information you are receiving from @Unlockabledoes not sound correct. A U.S. citizen petitioner can certainly file from outside the U.S. Later in the process you must establish an intent to establish domicile but that is after the I-130 is approved.

 

As for changing address, I am just going from memory but I think you might need to call or mail in a form if your address is outside the United States. I know I was not able to do it online either as I am in a similar situation. In my case I will still be here hopefully when the I-130 is approved so we are changing the address at the NVC stage to have it sent to the correct embassy. 

 

I do not think you need to file a new I-130 nor will you do DCF. You just need to make sure you get the mail for the NOA2.

Thank you so much @fewstee!! I am extremely nervous after people say I need to submit a new application in Canada.

 

I have waited for one year for I130, and It is going to be miserable if I submit a new application and wait in line for another new year. Thank you for providing your personal experience. Could I directly call the USCIS phone number and explain our situation and the new address? What else do I need to do if the petitioner move to another country during the processing of I-130? Thanks a lot!

[meese 1]

Yeah, I wouldn't worry about this. You can always file the I-130 petition while residing outside the US - I was able to do so by mailing mine in to the London field office, and it did not affect my domicile later on in the process. After they approve your petition, you'll have to wait for them to send your case to the NVC, which can take 6-8 weeks. Then you can decide how quickly you want to start filing the DS-260 with the NVC. It's only at this point that you'll need to start re-establishing domicile in the US. 

 

As for the new address, have you already received the letter saying your I-130 was approved, along with an NVC case number (which may come separately)? If you have, I wouldn't bother contacting USCIS about an address change. At the NVC stage, you can just input the right address there.

 

I actually did need to change my address shortly my I-130, and I was told by the USCIS field office in London to mail them a signed letter detailing my address change. 

[htsf 7]

2 hours ago, meese said:

Yeah, I wouldn't worry about this. You can always file the I-130 petition while residing outside the US - I was able to do so by mailing mine in to the London field office, and it did not affect my domicile later on in the process. After they approve your petition, you'll have to wait for them to send your case to the NVC, which can take 6-8 weeks. Then you can decide how quickly you want to start filing the DS-260 with the NVC. It's only at this point that you'll need to start re-establishing domicile in the US. 

 

As for the new address, have you already received the letter saying your I-130 was approved, along with an NVC case number (which may come separately)? If you have, I wouldn't bother contacting USCIS about an address change. At the NVC stage, you can just input the right address there.

 

I actually did need to change my address shortly my I-130, and I was told by the USCIS field office in London to mail them a signed letter detailing my address change. 

Thank you so much for your such detailed explanation of the whole process! By the way, I have a few confusing points about your suggestion. 

 

I am currently waiting for the I-130 to be approved, and we have not been at the NVC stage. When we first filed the I-130, he put his U.S. address because he worded in U.S. during that time. It is just recently he got the job offer and planned to work in Canada.  I am wondering, before the I-130 waiting to be approved and transferred to NVC, changing the address to a different county doesn't affect our current I-130 petition, right?  Do you know how to change the address to a different country under our current petition? Because I tried to change address on the website of USCIS, it only has the domestic States for me to choose, not international.

 

Thank you again for helping me out!

[meese 1]

5 hours ago, htsf said:

Thank you so much for your such detailed explanation of the whole process! By the way, I have a few confusing points about your suggestion. 

 

I am currently waiting for the I-130 to be approved, and we have not been at the NVC stage. When we first filed the I-130, he put his U.S. address because he worded in U.S. during that time. It is just recently he got the job offer and planned to work in Canada.  I am wondering, before the I-130 waiting to be approved and transferred to NVC, changing the address to a different county doesn't affect our current I-130 petition, right?  Do you know how to change the address to a different country under our current petition? Because I tried to change address on the website of USCIS, it only has the domestic States for me to choose, not international.

 

Thank you again for helping me out!

It still shouldn’t affect the current I-130 petition. In your case, because it’s in Canada, which has no DCF, you wouldn’t have any options other than filling I-130 in the US anyway. Typically DCF is a lot faster and the wait time is only a few months as opposed to a year, but unfortunately here it won’t apply.
 

As for the address change, I would start by calling USCIS’ customer service number: 800-375-5283 

[carmel34 3,626]

Montreal is known for being very strict on US domicile for petitioners at the visa interview, so if you have been waiting a year for I-130 approval, I would recommend that your husband just stay in the US, continue with his US domicile there, as you are almost at the end of the process, soon your case will be at the NVC then you'll have your visa interview in Montreal.  If your husband is living and working in Canada it could cause an unwanted delay in the process and more time apart.  I would recommend that he goes to visit you for a few weeks at a time, temporarily, and continue his job and residence in the US, so that when you eventually go to your interview in Montreal, you will have no problems showing US domicile for him.  If he is living with you in Canada, and working in Canada, when you have the interview, there is a risk of denial or a delay if he has to go back to the US without you for a few months anyway.  Good luck!

[NikLR 13,227]

The USCIS wont change an address to outside the USA.  I suggest getting a PO box that a close friend or family member can check in case of an RFE. 

[TamMhmd 210]

I filed when I was overseas too but always used a family member's US mailing address to get the notices as it did not allow me to change the address to an non-US country. 

 

I will say that you would need enough evidence to establish domicile. Whether it be like a house deed ,offer letter for your husband to moving back to the US, etc.

 

Since filing overseas (Feb 2019) , I am now back in the US (Oct 2019). To establish domicile , I used my offer letter of employment; however when I submitted my AOS, they asked me to add a household member since my income was "newly earned" and not yet filed on a tax return. 

[designguy 1,179]

Its one thing if a couple is living overseas and they file and the the petitioner returns to the US to establish domicile.

 

Its a whole different story if the petitioner is living in the US and then after the petition is filed wants to move out of the US and live somewhere else. It makes it seem as if they don't intend to reside in the US

 

 

16 hours ago, htsf said:

Nebraska center and we almost wait for 12 month.

You are getting close to the end. Why would the petitioner move to Canada at this point?