I-130 questions for sponsor and benficiary living abroad

[Mholland93 1]

Me and my wife are starting the process of getting her down to the states and have a few questions.

 

We started filling out form I-130 and it seems to us that it is required for me (sponsor) to be living in the states to start this process. Is this true?

 

We've read elsewhere that you can file if your living abroad still but that you need to file an affidavit saying we intend to move back but we do not see that as an option anywhere on the form.

 

Its asking us for an address of where we intend to live when we move but we do not have one due to us living in Canada still.

 

Its also asking us for my wife's "class of admission" which she doesn't have because she doesn't have a PR card yet.

 

Is there a separate form for applicants that both live abroad?

[Troy B 223]

2 hours ago, Mholland93 said:

Me and my wife are starting the process of getting her down to the states and have a few questions.

 

We started filling out form I-130 and it seems to us that it is required for me (sponsor) to be living in the states to start this process. Is this true?

 

We've read elsewhere that you can file if your living abroad still but that you need to file an affidavit saying we intend to move back but we do not see that as an option anywhere on the form.

 

Its asking us for an address of where we intend to live when we move but we do not have one due to us living in Canada still.

 

Its also asking us for my wife's "class of admission" which she doesn't have because she doesn't have a PR card yet.

 

Is there a separate form for applicants that both live abroad?

 

To start the process, no.   Depending on what country,  by the time of the interview comes around the sponsor may need to be in the states.    That affidavit you are referring to comes in the NVC stage, not the initial USCIS i130 stage.

 

Regarding class of admission, are you referring to 45-46 ?

where the 46 is preceded by

"If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d."

 

No,  i130 is the start.   Unless you are doing DCF, though that is not common anymore.

[SalishSea 17,836]

3 hours ago, Mholland93 said:

Me and my wife are starting the process of getting her down to the states and have a few questions.

 

We started filling out form I-130 and it seems to us that it is required for me (sponsor) to be living in the states to start this process. Is this true?

 

We've read elsewhere that you can file if your living abroad still but that you need to file an affidavit saying we intend to move back but we do not see that as an option anywhere on the form.

 

Its asking us for an address of where we intend to live when we move but we do not have one due to us living in Canada still.

 

Its also asking us for my wife's "class of admission" which she doesn't have because she doesn't have a PR card yet.

 

Is there a separate form for applicants that both live abroad?

Montreal is the very strictest on the domicile requirement.  You may want to do some research on what you will need to do. It won't be enough to state that you intend to reestablish it.

[Mholland93 1]

On 9/7/2021 at 10:17 PM, Troy B said:

 

To start the process, no.   Depending on what country,  by the time of the interview comes around the sponsor may need to be in the states.    That affidavit you are referring to comes in the NVC stage, not the initial USCIS i130 stage.

 

Regarding class of admission, are you referring to 45-46 ?

where the 46 is preceded by

"If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d."

 

No,  i130 is the start.   Unless you are doing DCF, though that is not common anymore.

We are using the online form and that one doesn’t have the numbers nor does it give us the option “if the beneficiary is currently in the United States, complete items 46a - 46.d” It asks “was the beneficiary EVER in the United States?” And then asks what class of admission. Not sure how to answer because my wife has been in the states only as a visitor and since she’s from Canada she gets to travel in the states without a visa for up to 6 months at a time. We don’t see any options for that. 

[pushbrk 12,895]

17 minutes ago, Mholland93 said:

We are using the online form and that one doesn’t have the numbers nor does it give us the option “if the beneficiary is currently in the United States, complete items 46a - 46.d” It asks “was the beneficiary EVER in the United States?” And then asks what class of admission. Not sure how to answer because my wife has been in the states only as a visitor and since she’s from Canada she gets to travel in the states without a visa for up to 6 months at a time. We don’t see any options for that. 

Another reason, I still recommend using the paper form and filing by mail.