Question about filing I 130 from the outside the USA

[khan 0]

Hi.

My sister got married outside the US and she doesn't plan on coming back until her husband is approved for a visa. Here are the questions she is concerned about.

1. Can she file I 130 while living abroad?

2. If yes, which address should she write as her permenant address, the local US embassy told her she should write the US add, since she is on a visit visa to that country.

3. Can someone else mail the petition for her in the US while she is abroad?

[YuAndDan 153]

1, YES, if has residency status longer than 6 months in the foreign consular district they may be able to file it at the consulate (DCF), if not it needs to be sent to the USCIS service center that has jurisdiction over US citizen's US Domicile.

2, Their US Domicile address

3, Yes, but she still needs to sign I-130, and G-325 forms.

[khan 0]

Thank you, I'm mailing out the package on her behalf (they have signed it). It should go to Vermont service center since her US residence is in NY. I once again want to make sure that her presence in the US is not necessary through this whole process?

Thanks in advance

[trailmix 77]

Thank you, I'm mailing out the package on her behalf (they have signed it). It should go to Vermont service center since her US residence is in NY. I once again want to make sure that her presence in the US is not necessary through this whole process?

Thanks in advance

Hi Khan,

Many people who file for their spouses are not living in the U.S. and don't enter the U.S. until their spouse does.

That said, if it is possible for them to Direct Consular File, perhaps they should consider this. When dealing with the NVC regarding domicile - it isn't always easy to prove, even if your residence in the other country is temporary.

Cheers

Edited September 5, 2007 by trailmix

[Dakine 26]

Biggest problem normally with DCF is establishing domicle and ITR and financial requirements if they have lived abroad a long time.

All depends on how many bridges they burned when they moved abroad and if they can rebuild them to the satisfaction of USCIS.