? Move to mx while waiting, income qual?

[pushbrk 12,870]

7 minutes ago, Kyle6811 said:

@pushbrk

Due to my circumstances of moving but not knowing where, is there a reason i wouldn’t be able to use my mothers address for mailing who can scan anything that arrives? Ups store doesn’t scan and if I get a box in Cali but don’t move, I can’t access it.

Use any mailing address you want.

 

[Kyle6811 24]

On 2/10/2023 at 5:35 PM, pushbrk said:

Use any mailing address you want.

 

@pushbrk

okay. So I’m still a bit perplexed on residency.  I’m not doubting you, just making sure I understand correctly. Travel.state.gov faq: 

“Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.”

 

My plans are to live in Tijuana with my spouse. Will this be a problem? I will have a mailing address in the USA. But my “domicile” will be changing. 
 

I’m just looking for clarification as I’m about to make some very large life changes and want to be sure I have things correct.

-thanks all

[Crazy Cat 41,811]

A petitioner living outside the US can show evidence of INTENT to re-establish domicile. 

[Kyle6811 24]

13 minutes ago, Crazy Cat said:

A petitioner living outside the US can show evidence of INTENT to re-establish domicile. 

Ok thanks @Crazy Cat should I file the regular way since I have not moved yet?

[pushbrk 12,870]

9 hours ago, Kyle6811 said:

@pushbrk

okay. So I’m still a bit perplexed on residency.  I’m not doubting you, just making sure I understand correctly. Travel.state.gov faq: 

“Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.”

 

My plans are to live in Tijuana with my spouse. Will this be a problem? I will have a mailing address in the USA. But my “domicile” will be changing. 
 

I’m just looking for clarification as I’m about to make some very large life changes and want to be sure I have things correct.

-thanks all

There's a difference between "principal residence" and "where you live".  Words and phrases mean things.  Your JOB will be in the USA.  Where you sleep is not an issue.

[Kyle6811 24]

21 minutes ago, pushbrk said:

There's a difference between "principal residence" and "where you live".  Words and phrases mean things.  Your JOB will be in the USA.  Where you sleep is not an issue.

Thanks @pushbrk so they are referring to maintaining my resident of the USA status. Understood. 

[intothelight2021 19]

One thing you should know: the time it takes to get an interview appointment varies widely from country to country and can have a major impact on the length of the overall process.

 

To put the process (when the applicant is overseas, i.e. consular processing) in context, there are roughly 3 stages:

1) You file the I-130 with USCIS (can take anywhere between 3 and 24 months [or more])

2) Once the I-130 is approved, your documents are sent to the NVC; at that stage, both the applicant and the petitioner pay fees and fill out their respective forms (Appl.: DS-260; Petitioner: I-864) and submit them together with supporting documents. (probably takes between 1-8 months depending on whether you get an request for further evidence (RFE) or not.)

3) Once documentarily qualified by the NVC, you will be given an appointment to interview (and have to undertake a medical exam).

 

That last step (3) can take 1-2 month if your spouse is interviewing in a consulate with no backlog or 1-2 years or even more if she interviews in a consulate with a huge backlog. 

 

I do not know the current numbers but Mexico used to have a HUGE backlog during COVID with average waiting times of 1-2 years. Please be aware of that. You cannot just choose/switch consulates, you have to interview in the country in which you are a resident or a citizen. Check how long it takes to get an interview appointment in Mexico (Ciudad Juarez) vs. in the country of origin of your spouse. It may make a huge difference. 

 

 

 

 

Edited February 14, 2023 by intothelight2021

[Kyle6811 24]

2 hours ago, intothelight2021 said:

One thing you should know: the time it takes to get an interview appointment varies widely from country to country and can have a major impact on the length of the overall process.

 

To put the process (when the applicant is overseas, i.e. consular processing) in context, there are roughly 3 stages:

1) You file the I-130 with USCIS (can take anywhere between 3 and 24 months [or more])

2) Once the I-130 is approved, your documents are sent to the NVC; at that stage, both the applicant and the petitioner pay fees and fill out their respective forms (Appl.: DS-260; Petitioner: I-864) and submit them together with supporting documents. (probably takes between 1-8 months depending on whether you get an request for further evidence (RFE) or not.)

3) Once documentarily qualified by the NVC, you will be given an appointment to interview (and have to undertake a medical exam).

 

That last step (3) can take 1-2 month if your spouse is interviewing in a consulate with no backlog or 1-2 years or even more if she interviews in a consulate with a huge backlog. 

 

I do not know the current numbers but Mexico used to have a HUGE backlog during COVID with average waiting times of 1-2 years. Please be aware of that. You cannot just choose/switch consulates, you have to interview in the country in which you are a resident or a citizen. Check how long it takes to get an interview appointment in Mexico (Ciudad Juarez) vs. in the country of origin of your spouse. It may make a huge difference. 

 

 

 

 

thank you for the information. I think you may be confused on our situation. She lives in Mexico and is a citizen and resident of Mexico. I live in the USA. No one is overseas. I think my confusion was not knowing there was only one consulate for all of Mexico. 

[Chancy 6,241]

4 minutes ago, Kyle6811 said:

I think my confusion was not knowing there was only one consulate for all of Mexico. 

 

There are multiple US consulates in Mexico, possibly more than in any other country, but only one of those consulates (Ciudad Juarez) handles spouse visa processing for residents in Mexico.

 

[intothelight2021 19]

43 minutes ago, Kyle6811 said:

thank you for the information. I think you may be confused on our situation. She lives in Mexico and is a citizen and resident of Mexico. I live in the USA. No one is overseas. I think my confusion was not knowing there was only one consulate for all of Mexico. 

Ah ok. Thanks for the clarification.

 

I did not think your spouse is a Mexican national (and would be residing in Mexico during the process). In that case, she will have to interview in Ciudad Juarez and nowhere else. And, unfortunately, there is a long waiting time.

 

The rest still applies. Overseas means not in the US and she is not living in the US.  

 

Good luck to you guys!

 

[Kyle6811 24]

1 hour ago, intothelight2021 said:

Ah ok. Thanks for the clarification.

 

I did not think your spouse is a Mexican national (and would be residing in Mexico during the process). In that case, she will have to interview in Ciudad Juarez and nowhere else. And, unfortunately, there is a long waiting time.

 

The rest still applies. Overseas means not in the US and she is not living in the US.  

 

Good luck to you guys!

 

Thanks. A large part of the reason for moving to Tijuana. We can be together in the mean time.

[Kyle6811 24]

2 hours ago, intothelight2021 said:

Ah ok. Thanks for the clarification.

 

I did not think your spouse is a Mexican national (and would be residing in Mexico during the process). In that case, she will have to interview in Ciudad Juarez and nowhere else. And, unfortunately, there is a long waiting time.

 

The rest still applies. Overseas means not in the US and she is not living in the US.  

 

Good luck to you guys!

 

Any other options?

[pushbrk 12,870]

4 hours ago, Kyle6811 said:

Any other options?

Options for what.  Only one immigrant visa unit in Mexico.  PERIOD