Petitioner travelling to the US. Do we still qualify for DCF if we send I-130 now?

[marshbot 0]

Hello,

I can't seem to find the answer to my question anywhere.

My USC husband and I planned to send our I-130 package via DCF to Frankfurt, Germany, this week. We're both long-term residents here in Germany and have everything ready to send.

However, my husband is planning to the leave for the US next month, and although he'll keep his apartment/lease etc here just in case things don't work out, if he finds work quickly he could just remain in the US and wait for me to join him (this would be our best-case scenario).

My question is, do we still qualify for DCF if we send the I-130 package while we're both residents here, but then leaves for the US? Or does he need to remain in Germany while this is processed?

Thanks for your help!!

Edited August 27, 2014 by marshbot

[NigeriaorBust 4,087]

If he meets the requirements on the day you submit you are fine. He is expected to reestablish US residence so you have no problems

[marshbot 0]

Whew, that's a relief. Thank you for the quick reply!

[bendinlar 16]

Yep. No issues if the petitioner leaves after submitting the petition. Can drop it off on the way to the airport.

Side note, the petitioner does it have to establish domicile, just show intent to reestablish. As long as the petitioner arrives in the us at the same time or before the benificary.

[Confusedtinybird 41]

Hi,

From what I have read on VJ looks like a few Petitioners do this. Drop of the petition then travel back to the U.S.A. You won't have any problems with this.

[marshbot 0]

Thanks so much for the reassurance! All sounds good.