USC Filing online I-130 while abroad

[JoanM 0]

Hello, I recently found this website and am doing as much research as possible before I do the CR-1 for my fiance. He is in Kenya and we are getting married in May and then doing the petition. My question is how difficult it would be with the online filing since I will stay in Kenya for a while after marriage and plan to return to the U.S with my spouse when he gets a visa. I read on the USCIS website that I would be getting called for a biometrics appointment, would I need to be in the U.S for that or would that happen at the embassy in Nairobi? I will be using my parents' address here for mail while I'm out of the country working remotely. 

[SalishSea 17,827]

56 minutes ago, JoanM said:

Hello, I recently found this website and am doing as much research as possible before I do the CR-1 for my fiance. He is in Kenya and we are getting married in May and then doing the petition. My question is how difficult it would be with the online filing since I will stay in Kenya for a while after marriage and plan to return to the U.S with my spouse when he gets a visa. I read on the USCIS website that I would be getting called for a biometrics appointment, would I need to be in the U.S for that or would that happen at the embassy in Nairobi? I will be using my parents' address here for mail while I'm out of the country working remotely. 

It is totally fine to file the petition online and then to stay in Kenya.  Biometrics for the petitioner are not standard, in fact the only times I've seen that is when there is a criminal history, or fraud is suspected.

 

Will your income be from a US sourced employer?  You may also want to look into domicile as it pertains to Nairobi.  Some consulates are strict about it, some are not.  Maintaining things like voting record, driver's license, banking, etc in the US is a good idea.

 

I think the plan to live with your spouse while the petition is pending is a splendid one, particularly for an African consulate.  Time spent together is the best evidence of a bonafide marriage.

 

Good luck!

[JoanM 0]

29 minutes ago, SalishSea said:

It is totally fine to file the petition online and then to stay in Kenya.  Biometrics for the petitioner are not standard, in fact the only times I've seen that is when there is a criminal history, or fraud is suspected.

 

Will your income be from a US sourced employer?  You may also want to look into domicile as it pertains to Nairobi.  Some consulates are strict about it, some are not.  Maintaining things like voting record, driver's license, banking, etc in the US is a good idea.

 

I think the plan to live with your spouse while the petition is pending is a splendid one, particularly for an African consulate.  Time spent together is the best evidence of a bonafide marriage.

 

Good luck!

Thanks for the response, I feel pretty anxious and clueless about this whole process. I'm applying to international/ U.S based NGOS, but I'm also open to working with a local organization while I'm in Kenya. I do plan to keep my bank account and license so I don't have any issues when I come back. I will look into the domicile requirements for Nairobi, but I think that should be easy for me as I have dual citizenship. 

[SalishSea 17,827]

Sounds good.   Another thing to consider is that for sponsorship, your salary will only be considered if it is going to continue once you are back in the U.S.  You could look into getting an eligible joint sponsor as well.

[pushbrk 12,882]

18 hours ago, SalishSea said:

Sounds good.   Another thing to consider is that for sponsorship, your salary will only be considered if it is going to continue once you are back in the U.S.  You could look into getting an eligible joint sponsor as well.

Will need to continue from the same source.  Ultimately, you must either qualify as sponsor yourself, or involve and obligate somebody who will act as joint sponsor.

 

[JoanM 0]

1 hour ago, pushbrk said:

Will need to continue from the same source.  Ultimately, you must either qualify as sponsor yourself, or involve and obligate somebody who will act as joint sponsor.

 

To clarify, when I return to the US my source of income would need to be the same one? Would it cause complications if my job changes or is it fine if I stay above the poverty line?

 Thanks for you response

[SalishSea 17,827]

1 hour ago, JoanM said:

To clarify, when I return to the US my source of income would need to be the same one? Would it cause complications if my job changes or is it fine if I stay above the poverty line?

 Thanks for you response

It doesn’t need to be from the same source.   It needs to be from a U.S. source.

[pushbrk 12,882]

2 hours ago, SalishSea said:

It doesn’t need to be from the same source.   It needs to be from a U.S. source.

Well, yes but to count, you have to be working there already.  A job offer is no substitute for actual income.  A documented offer for a job with the same employer, DOES count.

[JoanM 0]

11 hours ago, pushbrk said:

Well, yes but to count, you have to be working there already.  A job offer is no substitute for actual income.  A documented offer for a job with the same employer, DOES count.

Thanks for the clarification.