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MIA1129

Can I live with my spouse?

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I was living with my husband in Europe for 2 years, and since I am a USC we decided a life and to raise a family would be better in the states. I came back to the US, applied for the i-130, we are in processing. I am about to give birth to our first child, and I was considering after birth to go back with our baby to wait for the processing. Is that possible? I asked my immigration laywer, and she said I am not obligated to stayed in the US, I have the right to go where I want.

I obviously can not work, and won't be able to as I dont have anyone to take care of little one. I have to pay rent here, and he supports me. I just don't think we can handle it financially on two sides.

Is anyone in a similar situation, or have done this?

Edited by MIA1129

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Why would you come to the USA at this point??? It would make a lot more sense to stay there, have a baby, and apply for I-130 in consulate there, which would make the entire process a LOT faster.

Now you have to pay two rents, you have to work, or he has to maintain two households, and as you said, you have nobody here to support you, and you have to be separated from your husband, and you deprived him of the opportunity to be present with his child from day 1.

Did you actually think it through? What was your reasoning? Plus, US is not the best place to give birth, by far...

Makes no sense.


I-129F petition/K-1 visa

1/21/2015 I-129F mailed USPS Priority to Dallas lockbox /// 1/26/2015 received by USCIS

1/28/2015 NOA1 date /// 1/29/2015 NOA1 (text/email) I-129F sent → NOA1 - 7 days

2/3/2015 NOA1 (hard copy)

3/10/2015 RFE (email) /// 3/16/2015 RFE (hard copy) with A# NOA1 → RFE - 41 days

3/19/2015 RFE mailed USPS Priority to CSC /// 3/23/2015 RFE response received by CSC

5/18/2015 NOA2 (email) RFE→ NOA2 - 69 days / NOA1 → NOA2 - 110 days I-129F sent → NOA2 (CSC phase) - 117 days

5/22/2015 NOA2 (hard copy)

6/1/2015 NVC: case received NOA2 → NVC received - 14 days

6/4/2015 NVC: assigned case # & invoice ID

6/8/2015 NVC: sent to Embassy NVC received → NVC left - 7 days

6/10/2015 Status 'Ready' on CEAC site, letter from NVC mailed to petitioner /// 6/13/2015 NVC letter with case # (hard copy) received

6/16/2015 Embassy: case received NOA2 → Embassy received (NVC phase) - 29 days

6/17/2015 Status 'Administrative processing' on CEAC site, email from Embassy with interview instructions

6/24/2015 Interview scheduled, packets 3 & 4 received (email) /// 6/25/2015 Packet 3 sent to Embassy

7/2/2015 Medical

7/6/2015 Interview NOA1 → interview - 159 days Embassy received → interview (Embassy phase) - 20 days 7/28/2015 Visa issued /// 7/29/2015 email recieved/ visa in hand I-129F sent → visa in hand - 189 days (~6 months) TOTAL TIME

8/22/2015 POE LA

9/10/2015 Wedding

I-485(AOS)/ I-131(AP)/ I-765(EAD)

9/10/2015 Wedding /// 10/6/2015 Marriage Certificate (certified copy) received

11/3/2015 AOS/ AP/ EAD package mailed (USPS Priority to Chicago lockbox) /// 11/5/2015 received by USCIS

11/6/2015 NOA1 (x3) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

11/13/2015 NOA1 (x3) (hard copy)

11/20/2015 Biometrics appointment invitation received (hard copy)

11/30/2015 Biometrics appointment

1/26/2016 NOA2 (EAD/AP) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

1/29/2016 NOA2 (EAD) (hard copy)

2/3/2016 EAD/AP card received

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Yes you can go and live abroad. The financials are an issue though, do you have a co-sponsor? He cannot sponsor himself, as his job will presumably stop when he immigrates to the USA.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Why would you come to the USA at this point??? It would make a lot more sense to stay there, have a baby, and apply for I-130 in consulate there, which would make the entire process a LOT faster.

Now you have to pay two rents, you have to work, or he has to maintain two households, and as you said, you have nobody here to support you, and you have to be separated from your husband, and you deprived him of the opportunity to be present with his child from day 1.

Did you actually think it through? What was your reasoning? Plus, US is not the best place to give birth, by far...

Makes no sense.

I have my reasons, I think it is a bit rude for you to say i am depriving him. We made a decision together for me to give birth in the states.

You really didn't give me the answer I was looking for, lol...

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Yes you can go and live abroad. The financials are an issue though, do you have a co-sponsor? He cannot sponsor himself, as his job will presumably stop when he immigrates to the USA.

Yes, we have co sponsors. I have to be here for the sake of our child, it would be better for me to give birth here but other than that it will be very difficult for him to support two households while the processing takes place.

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You have the sponsorship issue sorted out, so cool.

Another thing to keep in mind is domicile. You will be your spouse's sponsor, even with cosponsors. To sponsor, you will show that you have either maintained US domicile or that you intend to reestablish it no later than the date your spouse enters the US. This certainly does not mean that you cannot live with your spouse abroad – plenty of us do – just that there's more evidence to gather when the time comes. There is a section on domicile in this wiki to give you an idea of how to address the requirement.


2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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