Is it a MUST that the US citizen hand in the papers to the USCIS?

[MariaCandice 0]

My husband is a US citizen and he's filing the I-130 petition for me. We both currently reside in Hong Kong and plan to file it here. Unfortunately, my husband has to travel to Shanghai for business this coming week but we want to hand it in as soon as possible.

We wanted to know if he has to absolutely physically give the papers to the USCIS, or can either one of us do it?

Thanks for your help. If more information is need, please let me know!

Regards,

Candice

[YuAndDan 153]

USCIS is in the United States, you will be giving the papers to the US Embassy in Hong Kong, and no I don't believe that the US Citizen needs to turn in the paperwork.

Also you may be interested in the Chinese Immigrations website "A Candle for Love" Many members there have interviewed and received visas from Hong Kong.

http://candleforlove.com

Finaly a big thing that will come up at the interview is: US Domicile, and US IRS returns, your husband MUST have maintained US Domicile and filed returns while out of the USA, both are requirements of the I-864 required by the visa.

[YuAndDan 153]

One other thing You Cannot file for K-3 at an embassy or Consulate, you will be filing for CR-1 or IR-1 Directly at the US Consulate (DCF) This post should be in the DCF forum, NOT K-3.

[pushbrk 13,117]

USCIS is in the United States, you will be giving the papers to the US Embassy in Hong Kong, and no I don't believe that the US Citizen needs to turn in the paperwork.

Also you may be interested in the Chinese Immigrations website "A Candle for Love" Many members there have interviewed and received visas from Hong Kong.

http://candleforlove.com

Finaly a big thing that will come up at the interview is: US Domicile, and US IRS returns, your husband MUST have maintained US Domicile and filed returns while out of the USA, both are requirements of the I-864 required by the visa.

Actually Dan, DCF filings can only be made at Embassies or Consulates that have USCIS offices attached, so the petition will, in fact, be adjudicated by USCIS, in Hong Kong. Once approved by USCIS, the Embassy's Consular section Immigrant visa group will process the visa application, medical and interview.

The OP should contact the Embassy for filing instructions.

Edited November 11, 2007 by pushbrk

[MariaCandice 0]

Hi,

Thanks for the replies! They have a small USCIS office in the US embassy in Hong Kong, YuAndDan I'm also not Chinese.

It says in one of the documents my husband downloaded that "To file a Petition for Alien Relative (Form I-130), the petitioner is required to appear in person." We just saw that while having lunch. I still want to confirm, though, if this is absolutely required for the first stage of filing.

Thanks again!

[desert_fox 32]

you appear in person together.

The Consulate should have a regular scheduled day each week for this activity.

[pushbrk 13,117]

you appear in person together.

The Consulate should have a regular scheduled day each week for this activity.

The procedure is Consulate specific. Some require both to appear. Some do not.