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Posted

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
45 minutes ago, Jamila ak said:

being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up.

What country are you from and is that also where you are both living now?

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Filed: Other Country: China
Timeline
Posted
1 hour ago, Jamila ak said:

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

So, your husband is a US Citizen living outside the US?  He would return to the US and face his charges?

 

With that plan, domicile is not an issue.  He would be domiciled in a prison in the USA.  Depending on the country where you are living though, domicile many not really be a difficult issue, but he would then be facing his charges AFTER you come to the USA.  You seem to be having difficulty clearly expressing the circumstances and your ideas.  Is your husband's skill in English better than yours? If so, please ask HIM to participate. Any process for your immigration must start with action by him anyway.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
2 hours ago, pushbrk said:

So, your husband is a US Citizen living outside the US?  He would return to the US and face his charges?

 

With that plan, domicile is not an issue.  He would be domiciled in a prison in the USA.  Depending on the country where you are living though, domicile many not really be a difficult issue, but he would then be facing his charges AFTER you come to the USA.  You seem to be having difficulty clearly expressing the circumstances and your ideas.  Is your husband's skill in English better than yours? If so, please ask HIM to participate. Any process for your immigration must start with action by him anyway.

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

Filed: Other Country: China
Timeline
Posted
1 hour ago, Jamila ak said:

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

There is no reason for him to delay filing the petition.  Domicile is not an issue at petition stage.  It comes up at the same time as the financial sponsorship issue does, AFTER the petition is approved.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted (edited)
3 hours ago, Jamila ak said:

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

All you need to file a petition is proof of US citizenship, proof of marriage, proof of bonafide relationship (birth certificates of your children and proof of cohabitation in Lebanon should suffice). You will fill out the  I-130 and I-130a and pay the fee. You can do this online or send your documents to a lockbox. 

Domicile is only looked at during the NVC stage. 

Has the US citizen spouse filed US taxes the past 7 years? 

Edited by Kor2USA
Posted
1 hour ago, Kor2USA said:

All you need to file a petition is proof of US citizenship, proof of marriage, proof of bonafide relationship (birth certificates of your children and proof of cohabitation in Lebanon should suffice). You will fill out the  I-130 and I-130a and pay the fee. You can do this online or send your documents to a lockbox. 

Domicile is only looked at during the NVC stage. 

Has the US citizen spouse filed US taxes the past 7 years? 

Having children doesn't suffice bona fide marriage? We have to have proof we live together? Its my husbands house in his name . The only this we share is a car in both our names . 

Thanks much 💖

2 hours ago, pushbrk said:

There is no reason for him to delay filing the petition.  Domicile is not an issue at petition stage.  It comes up at the same time as the financial sponsorship issue does, AFTER the petition is approved.

You're great help thanks for riding along 

Posted
2 minutes ago, Jamila ak said:

Having children doesn't suffice bona fide marriage? We have to have proof we live together? Its my husbands house in his name . The only this we share is a car in both our names . 

Thanks much 💖

You're great help thanks for riding along 

In your previous post you said you had two children together and you've mentioned you both live in Lebanon...

I've attached the instructions for filing an I-130. 

Read over the "Checklist of Required Initial Evidence" 

https://www.uscis.gov/i-130 (These are the suggestions they provide for proving a real relationship/ marriage- most people like to provide more than one type of proof).

  • Evidence of the bona fides of the marriage, if petitioning for a spouse:
    • Documentation showing joint ownership of property;
    • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
    • Documentation showing that you and your spouse have combined your financial resources;
    • Birth certificates of children born to you and your spouse together;
    • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
    •  Any other relevant documentation to establish that there is an ongoing marital union.
  • Proof of legal name change (if applicable); and 
  • Two passport-style photographs (if applicable).

 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
5 minutes ago, Kor2USA said:
  • Documentation showing that you and your spouse have combined your financial resources;
  •  

This. USC should have filed taxes even if outside the US. Joint tax returns, joint bank accounts, joint assets are always good evidence of financial comingling. Having children, per se, is not.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
20 minutes ago, Jamila ak said:

Having children doesn't suffice bona fide marriage?

No. It only proves you're fertile.

 

20 minutes ago, Jamila ak said:

We have to have proof we live together?

Yes.

20 minutes ago, Jamila ak said:

The only this we share is a car in both our names . 

Utility bills? Health/ life insurance?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
2 hours ago, ra0010 said:

No. It only proves you're fertile.

 

Yes.

Utility bills? Health/ life insurance?

I think it might be a good time to retire the argument that kids "only prove people had sex". If that was the case, birth certificates of children would not be listed in immigration forms as acceptable evidence of relationship. 

 

So, yes, OP, you can and should obviously present the birth certificates, but one kind of evidence alone is hardly ever enough. Try to gather as many documents as you can that show you share a life together on social and financial aspects: joint health insurance, leases or mortgages, joint bank accounts, wills, utility bills, etc. If you don't have some of those it is not the end of the world, but don't rely on your kids' birth certificates alone if you want your case to be solid.

Posted
13 hours ago, Jamila ak said:

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

Domicile is not the requirement, “intent to establish domicile” is what is needed and that is fairly easy to demonstrate.

The question of whether an I130 can be filed - the answer yes is correct.  The support affidavit is a hurdle but it appears you folks have overcome that.

 

Good luck to both of you, hope this works out

Posted
2 hours ago, Nat&Amy said:

I think it might be a good time to retire the argument that kids "only prove people had sex". If that was the case, birth certificates of children would not be listed in immigration forms as acceptable evidence of relationship. 

 

So, yes, OP, you can and should obviously present the birth certificates, but one kind of evidence alone is hardly ever enough. Try to gather as many documents as you can that show you share a life together on social and financial aspects: joint health insurance, leases or mortgages, joint bank accounts, wills, utility bills, etc. If you don't have some of those it is not the end of the world, but don't rely on your kids' birth certificates alone if you want your case to be solid.

Many couples have little more than a marriage certificate, proof of travel, and photos on an initial I-130

Marriage/birth certificates and proof of sharing a residence abroad will likely suffice.  

Filed: Citizen (apr) Country: Russia
Timeline
Posted

**Three derailing posts removed. Please stick to the topic of helping OP figure out what they need.**

 

VJ Moderation

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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