Will this mess up our process? (Moving out of USA) Please guide me

[scaredCat 0]

Hello dear community,

I'm US citizen who filled I130 for my spouse in July 2023. It is currently pending at USCIS. Last status is "we are actively reviewing your case"

I also filled K3 in December 2023. Both applications are pending.

 

My spouse is out of USA. I currently live in Texas. Due to my job, I have to live in Sweden for a year. I will not renew my lease in Texas. This will cause losing my address (I have no other address in the usa)

 

What happens in this case? i need to notify my employer this week. Will this cause missing USCIS notifications? Will I need to update my address (How) ?

My company is US based but I will relocate and live in sweden. I will keep my bank accounts active, and file taxes etc in the USA but I won't have an address.

 

If anyone can help me in this case, I will greatly appreciate. I'm not working with a lawyer. Thank you.

[IWander 589]

30 minutes ago, scaredCat said:

Hello dear community,

I'm US citizen who filled I130 for my spouse in July 2023. It is currently pending at USCIS. Last status is "we are actively reviewing your case"

I also filled K3 in December 2023. Both applications are pending.

 

My spouse is out of USA. I currently live in Texas. Due to my job, I have to live in Sweden for a year. I will not renew my lease in Texas. This will cause losing my address (I have no other address in the usa)

 

What happens in this case? i need to notify my employer this week. Will this cause missing USCIS notifications? Will I need to update my address (How) ?

My company is US based but I will relocate and live in sweden. I will keep my bank accounts active, and file taxes etc in the USA but I won't have an address.

 

If anyone can help me in this case, I will greatly appreciate. I'm not working with a lawyer. Thank you.

If you don't notify the USCIS of a change of address then you will miss all correspondence.  Do you have family that you can use for mail?  If not, there are many services that, for a fee, provide you with a US based address and will monitor and notify you of all mail arriving.

 

USCIS change of address is accomplished online once you have sorted out what you are doing 

[JeanneAdil 6,491]

Can u use address of a parent?

i would use it for immigration purposes to show where u will reside when your 2 years are up

June 2023 submitted /look for possible June 2024 +/- for USCIS to send to NVC 

At NVC stage,  u can keep case open a year by not finishing the NVC process and notifying them that u want the case kept open /my NVC notice said  how often to contact them to do this

 

Also,  if u sent a good email ID ,  further notices should come to that ID

doing all above gives u a year and a half,  till u complete and are dq'd at NVC stage

then,  depending on the embassy, there is the additional wait time so naming the embassy is important 

many are waiting 6 months to a year for an interview giving u time to complete this 2 year out of US work

 

If your job in Sweden is with a US company,  no problem/  if not ,  get a joint sponsor for the I 864 

and plan to be back in US before or with your spouse

[pushbrk 12,876]

3 hours ago, JeanneAdil said:

Can u use address of a parent?

i would use it for immigration purposes to show where u will reside when your 2 years are up

June 2023 submitted /look for possible June 2024 +/- for USCIS to send to NVC 

At NVC stage,  u can keep case open a year by not finishing the NVC process and notifying them that u want the case kept open /my NVC notice said  how often to contact them to do this

 

Also,  if u sent a good email ID ,  further notices should come to that ID

doing all above gives u a year and a half,  till u complete and are dq'd at NVC stage

then,  depending on the embassy, there is the additional wait time so naming the embassy is important 

many are waiting 6 months to a year for an interview giving u time to complete this 2 year out of US work

 

If your job in Sweden is with a US company,  no problem/  if not ,  get a joint sponsor for the I 864 

and plan to be back in US before or with your spouse

There's one possible correspondence from USCIS that would not come by email, and that is an RFE.  They notify you by email that one is coming, but you won't know what's in it, unless it is received by mail.

 

There are a couple other times in the process, where a US mailing address is useful, in completing later forms.  In this case, a simple official forward order (to a US Address) is probably sufficient.  USCIS is not very efficient at changing petitioner addresses.

[millefleur 5,046]

If you don't have a trusted family or friend who can receive mail for you, a virtual mailbox service with US address who scans and checks your mail on your behalf is the way to go.

 

[scaredCat 0]

On 1/2/2024 at 8:14 PM, JeanneAdil said:

Can u use address of a parent?

i would use it for immigration purposes to show where u will reside when your 2 years are up

June 2023 submitted /look for possible June 2024 +/- for USCIS to send to NVC 

At NVC stage,  u can keep case open a year by not finishing the NVC process and notifying them that u want the case kept open /my NVC notice said  how often to contact them to do this

 

Also,  if u sent a good email ID ,  further notices should come to that ID

doing all above gives u a year and a half,  till u complete and are dq'd at NVC stage

then,  depending on the embassy, there is the additional wait time so naming the embassy is important 

many are waiting 6 months to a year for an interview giving u time to complete this 2 year out of US work

 

If your job in Sweden is with a US company,  no problem/  if not ,  get a joint sponsor for the I 864 

and plan to be back in US before or with your spouse

hi thank you for reply. Please help me with these 4 easy follow up questions:

1 - I have a relative in Chicago and I can ask them. But wouldn't it be a lie(misinformation)? Because I won't be living there. And change of address means(i may be wrong) that I am living in the new address.

 

2 - I have online account, and I added my email address to forms, but I never received an email. 

 

3 - My job isn't US company, I will technically be self employed. Will this disqualify me as a sponsor? Can I show savings/401k? Do I have to have full time US employment for this process? 

 

4 - Can you please explain the requirement for me being in US for the process? Is it ok if I fly back to US with my wife when process is done? Is this risky?

 

Thank you a lot!

[scaredCat 0]

On 1/3/2024 at 12:13 AM, pushbrk said:

There's one possible correspondence from USCIS that would not come by email, and that is an RFE.  They notify you by email that one is coming, but you won't know what's in it, unless it is received by mail.

 

There are a couple other times in the process, where a US mailing address is useful, in completing later forms.  In this case, a simple official forward order (to a US Address) is probably sufficient.  USCIS is not very efficient at changing petitioner addresses.

Hi pushbrk, So it is okay to update my address with a relative's address in the USA even if I don't live there?

Also can you please tell me how I can make sure we don't miss RFE? Do they always update the online account/notify via email? Am I overthinking this? I just don't want to get denial because of missing RFE. Hope you can provide experience, thank you

[scaredCat 0]

On 1/3/2024 at 3:14 AM, millefleur said:

If you don't have a trusted family or friend who can receive mail for you, a virtual mailbox service with US address who scans and checks your mail on your behalf is the way to go.

 

is not living in the usa (temporarily) while i130 is pending reason for denial or a problem? i heard something like "domicile". 

do i have to have an apartment lease etc otherwise pending i130 is denied? 

 

@pushbrk 

 

[IWander 589]

15 minutes ago, scaredCat said:

is not living in the usa (temporarily) while i130 is pending reason for denial or a problem? i heard something like "domicile". 

do i have to have an apartment lease etc otherwise pending i130 is denied? 

 

@pushbrk 

 

No.  Domicile question only needs to be addressed for the visa to issued and has nothing to do with the i130 petition process or approval 

[pushbrk 12,876]

10 hours ago, scaredCat said:

Hi pushbrk, So it is okay to update my address with a relative's address in the USA even if I don't live there?

Also can you please tell me how I can make sure we don't miss RFE? Do they always update the online account/notify via email? Am I overthinking this? I just don't want to get denial because of missing RFE. Hope you can provide experience, thank you

You are updating your "mailing address".  That, and/or establishing a forwarding to that address with the post office is how you avoid missing an RFE.

[scaredCat 0]

12 hours ago, pushbrk said:

You are updating your "mailing address".  That, and/or establishing a forwarding to that address with the post office is how you avoid missing an RFE.

thank you, i will do it.

 

one last thing if you dont mind: is it illegal or reason for denail or any kind of problem that I don't physically live in the USA (as petitioner) until my spouse gets visa? (I'm asking with context of "proving domicile" concept) 

[Crazy Cat 41,834]

58 minutes ago, scaredCat said:

thank you, i will do it.

 

one last thing if you dont mind: is it illegal or reason for denail or any kind of problem that I don't physically live in the USA (as petitioner) until my spouse gets visa? (I'm asking with context of "proving domicile" concept) 

You will have to provide evidence that you actually live in the US or that you have taken concrete steps toward the intent of moving back to the US.  

[pushbrk 12,876]

10 hours ago, scaredCat said:

thank you, i will do it.

 

one last thing if you dont mind: is it illegal or reason for denail or any kind of problem that I don't physically live in the USA (as petitioner) until my spouse gets visa? (I'm asking with context of "proving domicile" concept) 

Not illegal.  See Crazy Cat's answer.

[scaredCat 0]

On 1/5/2024 at 3:49 PM, Crazy Cat said:

You will have to provide evidence that you actually live in the US or that you have taken concrete steps toward the intent of moving back to the US.  

I understand. This step is at NVC after I130 is approved? or this is required for I130 to be approved? 

If this is my scenario, am i safe?

• I130 is pending and I'm living outside of US.
• I130 gets approved, application is in NVC stage, I can prove my intention by "a lease document, bank accounts, valid driver licence, valid phone plan etc"

Thanks.

On 1/6/2024 at 1:19 AM, pushbrk said:

Not illegal.  See Crazy Cat's answer.

yeah just replied thank you both, this step is in NVC right? I can live outside of US until I130 is approved correct?

[pushbrk 12,876]

14 hours ago, scaredCat said:

I understand. This step is at NVC after I130 is approved? or this is required for I130 to be approved? 

If this is my scenario, am i safe?

• I130 is pending and I'm living outside of US.
• I130 gets approved, application is in NVC stage, I can prove my intention by "a lease document, bank accounts, valid driver licence, valid phone plan etc"

Thanks.

yeah just replied thank you both, this step is in NVC right? I can live outside of US until I130 is approved correct?

Correct, but if you provide concrete evidence of your intention to re-establish US Domicile, you can stay and travel back with your spouse.  Before or at the same time, not after.