To file the i-130 now or wait until I'm in my home country?

[Fwafy 1]

Sorry if this has been asked before! 

 

My fiance and I plan to get married in the next few weeks before we file the i-130. We both currently have two months left in South Korea before I leave for the US and she goes to the UK. I want to file the i-130 ASAP so we can be together sooner, but I'm worried about doing this as we will both be doing a lot of moving and working new jobs very shortly. I'm wondering, if I file it now, should I just put my address as my parents' address and update it when I find a place for myself? Do I wait until I move back and find get settled somewhere to file? 

 

I'm also concerned that filing it in Korea might make it hard to prove income, especially since my contract is ending soon. I'm in the process of interviewing for a few jobs in the US, but don't have a contract yet. 

 

Any advice for how to space things out to make the process as easy as it can be would be greatly appreciated! 

[Dashinka 24,372]

File now online.  You will have months to prove income as that does not come into play until the NVC stage which is several months away.  I am curious though, are you both a legal resident in Korea, or just visiting?  
 

Good Luck!

Edited October 21 by Dashinka

[Fwafy 1]

5 minutes ago, Dashinka said:

File now online.  You will have months to prove income as that does not come into play until the NVC stage which is several months away.  I am curious though, are you both a legal resident in Korea, or just visiting?  
 

Good Luck!

Oh gotcha! So it won't be an issue if my address changes more than once after filing? I am working on filing the online form currently. We have both lived and worked in SK for the past three years. We met here when we were both brand new!

[Dashinka 24,372]

20 minutes ago, Fwafy said:

Oh gotcha! So it won't be an issue if my address changes more than once after filing? I am working on filing the online form currently. We have both lived and worked in SK for the past three years. We met here when we were both brand new!

So if you are both legally in Korea, and now you as the USC have a need to repatriate to the U.S. due to a job relocation (assuming this) Direct Consular Filing of the I130 may be an option.  I would research this closely before filing the I130 after your marriage as once filed with USCIS, the consulate cannot accept an I130.  With DCF, you would need a US based qualifying joint sponsor for the I864.

 

Good Luck!

[Elliott & Dora 8]

2 hours ago, Dashinka said:

So if you are both legally in Korea, and now you as the USC have a need to repatriate to the U.S. due to a job relocation (assuming this) Direct Consular Filing of the I130 may be an option.  I would research this closely before filing the I130 after your marriage as once filed with USCIS, the consulate cannot accept an I130.  With DCF, you would need a US based qualifying joint sponsor for the I864.

 

Good Luck!

 

From US embassy website in South Korea

Consular officers at U.S. Embassy Seoul may accept filing of the Form I-130, Petition for Alien Relatives, filed by a U.S. citizen who is a U.S. government or military employee assigned to the U.S. Embassy Seoul, U.S. Consulate Busan, or a military service member stationed in Korea, for any immediate relative.

[Dashinka 24,372]

15 minutes ago, Elliott & Dora said:

 

From US embassy website in South Korea

Consular officers at U.S. Embassy Seoul may accept filing of the Form I-130, Petition for Alien Relatives, filed by a U.S. citizen who is a U.S. government or military employee assigned to the U.S. Embassy Seoul, U.S. Consulate Busan, or a military service member stationed in Korea, for any immediate relative.

There are exceptions for all USCs.  I do not know if you fit into the last category, and you are looking at only two more months in country, and you are not actually married yet.  I am only bringing this up as a possibility which can be the fastest way to get a spousal visa, but that possibility goes away if the I130 has already been submitted to USCIS (online or mailed).  If you and your future spouse are in no hurry, submit the I130 online to USCIS as soon as you get married, then re-establish yourself back in the US, solidify your financial picture, and in 8-12 months after filing you will need to provide an I864 at the NVC stage prior to your spouse interviewing for the spousal visa.

 

Good Luck!

 

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.
• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.
• Close to aging out – A beneficiary is within a few months of aging out of eligibility.
• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.
• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.
• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

 

Edited October 21 by Dashinka

[mam521 2,024]

Utah online marriage will get you married ASAP.  Since you're together, you can easily fulfill the requirements.  File that I-130 as soon as you have what you need.  Definitely try to the DCF route.  You might be pleasantly surprised!

[pushbrk 12,814]

Petitioner's can have both mailing and physical addresses.  Use a mailing address in the USA that will not change, if possible.