Would USCIS require me to attend a biometrics appointment as a petitioner?

[Troy B 224]

6 minutes ago, Aqeel said:

I will be working with the same company where I am working now in US. They will let me work remotely. I think therr should not be any other issue while I am abroad.

 

I think part of the concern there, is depending on what visa you have entered your spouses country with,  does it allow you stay there indefinitely?  

[Aqeel 0]

2 hours ago, Troy B said:

 

I think part of the concern there, is depending on what visa you have entered your spouses country with,  does it allow you stay there indefinitely?  

Troy, my spouse lives in Pakistan and I am a dual citizen (US and Pakistan) so yes I can live there indefinitely

[Stein 276]

17 hours ago, Aqeel said:

I filed I-130 on 03/16/2020 electronically and received NOA1 a couple of days later. Can my foreign spouse apply for a student visa so that we can live together while our I-130 is still processing? If yes then how long does it take to get a student visa? 

Unlikely to be accepted with a immigration application in process.  If you want to be with your wife and can work remotely why aren't you living with your wife right now?  

[Aqeel 0]

4 hours ago, Stein said:

Unlikely to be accepted with a immigration application in process.  If you want to be with your wife and can work remotely why aren't you living with your wife right now?  

Stein, I am just trying to explore different options. I think I would end up working remotely.

[geowrian 22,338]

USCIS can require the petitioner to provide biometrics. Actually doing so is exceedingly rare...presumably only when they have questions of the identity of the petitioner and/or certain criminal history. I wouldn't personally be considered about this.

 

You can travel abroad to be with your spouse during the wait.

The only issue this can present is if the CO questions your domicile (per I-864 requirements). Then you would need to either move back to the US before the visa can be issued, or show sufficient intent to do so. It seems unlikely here if we are talking a timeframe of a year or so, but worth mentioning.

Be sure to file US tax returns, as required anyway.

[Aqeel 0]

3 hours ago, geowrian said:

USCIS can require the petitioner to provide biometrics. Actually doing so is exceedingly rare...presumably only when they have questions of the identity of the petitioner and/or certain criminal history. I wouldn't personally be considered about this.

 

You can travel abroad to be with your spouse during the wait.

The only issue this can present is if the CO questions your domicile (per I-864 requirements). Then you would need to either move back to the US before the visa can be issued, or show sufficient intent to do so. It seems unlikely here if we are talking a timeframe of a year or so, but worth mentioning.

Be sure to file US tax returns, as required anyway.

I would be working with the same company I am working with here right now in US as they will allow me to work remotely. Would that suffice for domicile? How long would it take for the completion of whole immigration process in your opinion?

[geowrian 22,338]

29 minutes ago, Aqeel said:

I would be working with the same company I am working with here right now in US as they will allow me to work remotely. Would that suffice for domicile? How long would it take for the completion of whole immigration process in your opinion?

I think having US employment is good (you can use it on your I-864 for income), but it doesn't really matter for showing domicile. You could decide to stay living in Pakistan for years and continue that arrangement just fine...so it's not really showing that you are actually living in the US or plan to return to the US.

Domicile is considered where you actually live without regard to intent.

 

I'm not saying they would have an issue in your case...the CO looks at everything and only being abroad during the petition/visa timeframe does not jump out as something for them to think you plan to stlll live abroad. I'm just saying the stated employment arrangement doesn't indicate anything about domicile.

 

It's really hard to predict right now...there's so many unknowns given local conditions, how conditions can change in the coming year or so, backlogs due to the months suspension of visa services, etc.

The average pre-COVID was around 12-16 months from filing to interview. Pakistan tended to be a little higher in that range IIRC. The backlogs due to COVID may or may not add months to that tiemframe. Or maybe they will be cleared up by then due to the significant decrease in new cases, per their claims.

 

Extended Administrative Processing (AP) after the interview may or may not occur. It's much more common with male beneficiaries for Pakistan, but it can happen with anybody. Part of the issue is that the US government does not trust the PCCs there, so they have to do an investigation for criminal and security checks instead of relying on the PCC. This can take weeks, months, or much longer. There's no way to know where a particular case will fall.

[Aqeel 0]

1 hour ago, geowrian said:

I think having US employment is good (you can use it on your I-864 for income), but it doesn't really matter for showing domicile. You could decide to stay living in Pakistan for years and continue that arrangement just fine...so it's not really showing that you are actually living in the US or plan to return to the US.

Domicile is considered where you actually live without regard to intent.

 

I'm not saying they would have an issue in your case...the CO looks at everything and only being abroad during the petition/visa timeframe does not jump out as something for them to think you plan to stlll live abroad. I'm just saying the stated employment arrangement doesn't indicate anything about domicile.

 

It's really hard to predict right now...there's so many unknowns given local conditions, how conditions can change in the coming year or so, backlogs due to the months suspension of visa services, etc.

The average pre-COVID was around 12-16 months from filing to interview. Pakistan tended to be a little higher in that range IIRC. The backlogs due to COVID may or may not add months to that tiemframe. Or maybe they will be cleared up by then due to the significant decrease in new cases, per their claims.

 

Extended Administrative Processing (AP) after the interview may or may not occur. It's much more common with male beneficiaries for Pakistan, but it can happen with anybody. Part of the issue is that the US government does not trust the PCCs there, so they have to do an investigation for criminal and security checks instead of relying on the PCC. This can take weeks, months, or much longer. There's no way to know where a particular case will fall.

Thanks a lot for sharing a lot of valuable information with me. So what kind of documents do I need to show as an evidence of domicile in US?

I agree that its hard to predict the exact timeframe considering the status quo. I was just reading an article the other day where it was mentioned that USCIS might furlough thousands of employees beginning July 20th,  2020 if USCIS didn't receive the bailout from US govt. Lets see what happens.  

[geowrian 22,338]

14 minutes ago, Aqeel said:

So what kind of documents do I need to show as an evidence of domicile in US?

There are some examples in the Domicile section of the NVC wiki: https://www.visajourney.com/wiki/index.php/NVC_Process

 

Best wishes!

[Just Paul 4,595]

On 6/11/2020 at 12:45 PM, Aqeel said:

So you mean its more likely that USCIS won't issue her a student visa because she permanently wants to migrate to US, right?

USCIS doesn't issue student VISAs.  Department of State does.   The school she would apply to would have to accept her as a student, review her, transcripts, access her english skills, etc.  They examine the fiances of the student as to whether enough support is evident for the program and the cost of living. The school then enters her information into the SEVIS system and generates am I-20 for her,  She then pays a SEVIS fee, MRV fee and attends an interview.  It is entirely possible she can get a student VISA if she applies to a protam and is accepted.  She would file for a visa as soon as 120 before the program start. . . .  Now is that something she wants to do?

 

The consulate will ask about her living situation for school.   What do you think they will say if she says "I am going to live with my husband"?

 

On 6/11/2020 at 1:49 PM, Aqeel said:

Do I need to be physically present in US for any reason except for working because I will be working remotely?

You would need to show domicile prior to her visa being issued.   The consulate can issue a 221(g) for sufficient proof.   The more types of proof in the US you have the better.  Are you being paid into a US Bank account?  Do you own a home or lease a place, car, file taxes, vote, have insurance, register for selective services, have US based credit cards, cell phone or other bills?

 

Depending on what country you are in right now and where your spouse is from can also make a big difference.   But I wouldn't worry about an interview as a petitioner unless you have a long criminal background or have had other immigration issues.

 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Aqeel 0]

On 6/12/2020 at 4:15 PM, Paul & Mary said:

USCIS doesn't issue student VISAs.  Department of State does.   The school she would apply to would have to accept her as a student, review her, transcripts, access her english skills, etc.  They examine the fiances of the student as to whether enough support is evident for the program and the cost of living. The school then enters her information into the SEVIS system and generates am I-20 for her,  She then pays a SEVIS fee, MRV fee and attends an interview.  It is entirely possible she can get a student VISA if she applies to a protam and is accepted.  She would file for a visa as soon as 120 before the program start. . . .  Now is that something she wants to do?

 

The consulate will ask about her living situation for school.   What do you think they will say if she says "I am going to live with my husband"?

 

You would need to show domicile prior to her visa being issued.   The consulate can issue a 221(g) for sufficient proof.   The more types of proof in the US you have the better.  Are you being paid into a US Bank account?  Do you own a home or lease a place, car, file taxes, vote, have insurance, register for selective services, have US based credit cards, cell phone or other bills?

 

Depending on what country you are in right now and where your spouse is from can also make a big difference.   But I wouldn't worry about an interview as a petitioner unless you have a long criminal background or have had other immigration issues.

 

So my company is not allowing me to work from my spouse's country and I have decided to go there and stay with her until our I-130 gets approved. My plan is to come back to US and start a new job once I-130 gets approved. Do u think its permissible and would it have any impact on her immigration process?

[Aqeel 0]

On 6/12/2020 at 2:49 PM, geowrian said:

I think having US employment is good (you can use it on your I-864 for income), but it doesn't really matter for showing domicile. You could decide to stay living in Pakistan for years and continue that arrangement just fine...so it's not really showing that you are actually living in the US or plan to return to the US.

Domicile is considered where you actually live without regard to intent.

 

I'm not saying they would have an issue in your case...the CO looks at everything and only being abroad during the petition/visa timeframe does not jump out as something for them to think you plan to stlll live abroad. I'm just saying the stated employment arrangement doesn't indicate anything about domicile.

 

It's really hard to predict right now...there's so many unknowns given local conditions, how conditions can change in the coming year or so, backlogs due to the months suspension of visa services, etc.

The average pre-COVID was around 12-16 months from filing to interview. Pakistan tended to be a little higher in that range IIRC. The backlogs due to COVID may or may not add months to that tiemframe. Or maybe they will be cleared up by then due to the significant decrease in new cases, per their claims.

 

Extended Administrative Processing (AP) after the interview may or may not occur. It's much more common with male beneficiaries for Pakistan, but it can happen with anybody. Part of the issue is that the US government does not trust the PCCs there, so they have to do an investigation for criminal and security checks instead of relying on the PCC. This can take weeks, months, or much longer. There's no way to know where a particular case will fall.

So my company is not allowing me to work from my spouse's country and I have decided to go there and stay with her until our I-130 gets approved. My plan is to come back to US and start a new job once I-130 gets approved. Do u think its permissible and would it have any impact on her immigration process?

[Aqeel 0]

On 6/12/2020 at 2:49 PM, geowrian said:

I think having US employment is good (you can use it on your I-864 for income), but it doesn't really matter for showing domicile. You could decide to stay living in Pakistan for years and continue that arrangement just fine...so it's not really showing that you are actually living in the US or plan to return to the US.

Domicile is considered where you actually live without regard to intent.

 

I'm not saying they would have an issue in your case...the CO looks at everything and only being abroad during the petition/visa timeframe does not jump out as something for them to think you plan to stlll live abroad. I'm just saying the stated employment arrangement doesn't indicate anything about domicile.

 

It's really hard to predict right now...there's so many unknowns given local conditions, how conditions can change in the coming year or so, backlogs due to the months suspension of visa services, etc.

The average pre-COVID was around 12-16 months from filing to interview. Pakistan tended to be a little higher in that range IIRC. The backlogs due to COVID may or may not add months to that tiemframe. Or maybe they will be cleared up by then due to the significant decrease in new cases, per their claims.

 

Extended Administrative Processing (AP) after the interview may or may not occur. It's much more common with male beneficiaries for Pakistan, but it can happen with anybody. Part of the issue is that the US government does not trust the PCCs there, so they have to do an investigation for criminal and security checks instead of relying on the PCC. This can take weeks, months, or much longer. There's no way to know where a particular case will fall.

So my company is not allowing me to work from my spouse's country and I have decided to go there and stay with her until our I-130 gets approved. My plan is to come back to US and start a new job once I-130 gets approved. Do u think its permissible and would it have any impact on her immigration process?

So my company is not allowing me to work from my spouse's country and I have decided to go there and stay with her until our I-130 gets approved. My plan is to come back to US and start a new job once I-130 gets approved. Do u think its permissible and would it have any impact on her immigration process?

Edited June 26, 2020 by Aqeel
Replied twice