Wonder if anyone of you been through this unique situation

I was born in New Jersey, moved to Pakistan with my family when I was 5 and recently (2 months ago) married and moved to UK with my husband. My husband is a Pakistani citizen working in the UK (he is on workpermit and does not hold permanent residency in Britain).

Now the questions and confusions are:

1. Where should I file petition I-130 for my husband? US Embassy London, US Embassy Islamabad or USCIS Vermont?

2. If I file I-130 at USCIS Vermont, do I need to be physically present in USA?

3. If I file at USCIS Vermont, what address should I supply on I-130 for correspondence? my current UK address or a US address ?

4. If I supply a US address, Could it be a relative's (e.g. brother, uncle) address or it got be an address where I am gona live with my spouse when he comes to USA?

5. For sponsoring my husband, I need to have a US domicile as explained here http://travel.state.gov/visa/immigr...nfo_1328.html#4. Since I never lived or worked in USA after 5 except for few visits. , how do I establish a US domicile when sponsoring (I-864)? Could social security number/card or an identification card or a bank account be used as a proof of US domicile? or if I arrange a place to live in US, could that be used as proof of domicile?

6. If our baby is born in the UK, do I have to apply family based immigration for him/her as well? or there are some easy process for that?

Any help and sharing of experience would be highly appreciated.

Thanks in advance

birdyconfused, I don't know where you'd file. But am wondering how you'd qualify. Do you have a U.S. passport? SSN? Have you ever filed U.S.income tax? Not that these are pre-conditions, but would help establish your eligibility to petition and sponsor. You may be able to use Direct Consular Filing in Pakistan or England, depending on your (and your husband's) official residence. Your case, which will include 3 persons, is complex and may be worth a visit to an immigration lawyer.

Q: How is domicile determined?

Domicile is a complex issue determined on a case-by-case basis. Many U.S. citizens and Legal Permanent Residents live outside the U.S. on a temporary basis, usually for work or family considerations. A petitioner can be considered domiciled in the U.S. if he/she can demonstrate to the consular officer's satisfaction an intention to return to a permanent residence there.

Petitioners who can show that they had a domicile in the U.S., but who are now living temporarily abroad because of certain types of employment, shall be considered to have retained their domicile in the United States. The following are the qualifying types of employment:

Employment by the U. S. government, an American institution of research recognized by the Attorney General; an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the U. S. or a subsidiary thereof; a public international organization in which the U. S. participates by treaty or statute;
Authorization to perform ministerial or priestly functions of a religious denomination having a bona fide organization in the United States and is stationed abroad pursuant to that calling;
Being engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and being stationed abroad pursuant to that calling.
There may be other circumstances in which a petitioner can show that his or her stay abroad is clearly of a temporary nature, so that s/he can be found still to have a domicile in the United States. For example, persons who are abroad temporarily to study, teach or engage in other activities that do not meet the requirements of Section 316(, 317 or 319( of the Immigration and Nationality Act (those listed above) may nevertheless be considered to have a domicile in the United States if they can satisfy the consular officer that they did not, in fact, give up their domicile in the United States and establish a domicile abroad.

Q: How can the petitioner establish a domicile?

If the petitioner travels to the United States and sets up a principal residence, where he or she intends to reside, he or she may then qualify to petition an immigrant. Establishing a principal residence would entail obtaining an address (a house, apartment, etc.) and taking up physical residence. There is no minimum time to establish residence, but a credible demonstration of an actual residence in the United States is required. If the officer is convinced that the petitioner has in fact taken up residence in the U.S., the applicant will then be able to receive his/her immigrant visa. A convincing combination of several of the following types of action might be considered as an indication of U.S. domicile:

Establishing an address in the United States
Setting up a bank account and transferring funds to the U.S.
Making investments
Seeking employment
Applying for a Social Security number
Voting in local, state or federal elections


In my opinion because your case is unique nature talk to a lawyer and then act as per his/her advice. I am positive that you can’t file petition in any service center in the United States because you are not under their geographical jurisdiction.
DCF from Islamabad will be the only solution of your case in my opinion.

Thanks JerseyGirl and PSoft for your comments.

Now the situation is, I have US passport, I have SSN, I have a New Jersey Identification card, and I have had a joint bank account with my brother in Jersey. Should that be enough to establish a US domicile? According to PSoft comments it should be... but certainly need to consult a lawyer about it...

US consulate in London doesnt seem interested to help. I dialled their premium number, costed me a fortune, and the lady had no clue what I am talking about. She gave an email address for London Consulate, and it's been ages I am awaiting reply. Today I have contacted US consulate in Islamabad and awaiting reply.

Some time ago (when other issues didnt crop up in mymind) I consulted two lawyers (one in London, one in Jersey), both of them say that I may apply at relevant service center in US. None of them advised me to apply in Islamabad. The lawyer in London also says that I may apply in London, but they might forward it to relevant service center in US.

So the picture is still confusing... for me life sucks in england... I just hope if I have to apply in US, I should not be required to be physically present there. if you find someone in similar boat, let me know guys.

PS: about baby... well I have to have spent atleast 5 years in US after my birth; 2 of which should be after 14 yrs of age... which means my baby if born abroad wont qualify for US passport... So I guess I have to travel States for the delivery... Any idea how much it may cost? does medical insurance cover it? any state benefits available in terms of maternity costs???

Cost depends on where, and how you give birth. Last I heard locally it cost a friends daughter in or around 30k. I think my last child, which was back in '94 was somewhere near 12k for the hospital and doctors portion, not including ultra sounds etc. This was also a straightforward birth, with no complications. You may find it difficult to find a health insurance company willing to take on the prexisting pregnancy. I suppose if you were stateside you could easily go through a local health department.

Where are you getting this information from? Can you not sponsor a child if you are a US Citizen?

Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S. embassy or consulate (post). To find out whether you can file a petition at a specific post abroad, you must ask that post. For information on how to contact the post, please select U.S. embassy or consulate abroad (/travel/tips/embassies/embassies_1214.html) http://travel.state.gov/visa/immigrants/ty...es_1315.html#1d Seems you are on the right track contacting the embassies first.

My reply is in the DCF version of your thread.