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Living outside the US with spouse

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Filed: IR-1/CR-1 Visa Country: Brazil

Hi all

I have sent in my I-130 (August 2007) and received the NOA1 (December 2007). I was just reading over the I-130 FAQs on this site and saw this:

--On the Affidavit of Support Fact sheet, it says that I have to be residing in the U.S to sponsor my relative. Is there any exception to this rule?

Yes, but the exceptions do not apply to most people. You should probably check with the CIS to see if you are one of the exceptions, but for people who do not qualify for the exceptions, there is no time limit set for you to re-establish your US residency. Basically, simply going back to the United States, staying a couple of weeks, and opening up a bank account, leasing/buying an apartment or house, or getting a job re-establishes your residency in the U.S, making it possible to sponsor your relative.

Now, I have been living in Brazil with my husband for the last year, and am intending to stay here until he gets the visa to return to the States with me. My lawyer doesn´t seem to think this is a problem, but does any one else have any insight or experience into this? I also filed directly through the USCIS, since I did not meet the Consulate´s residency requirements to file via DCF.

I realize I will need a co-sponsor and I have listed a relative´s address as our intending address for when we return - but does anyone think i will be denied because I am not physically in the States during this process?

I would appreciate any insight into this, because I hate to worry for no reason (or be ignorant of an important piece of information, if that may be the case)!

Edited by saradanielle


August 16, 2007: Filed 1-130 at VSC for CR-1 Visa

December 21, 2007: NOA1 issued (I-130 now at CSC)

February 27, 2008: NOA2 issued


March 07, 2008: NVC case # received

March 26, 2008: Fee bills arrive

April 01, 2008: Fee bills paid

April 11, 2008: NVC processes fee bill payments

April 24, 2008: AOS and DS-230 requests arrive from NVC

May 13, 2008: Completed AOS and DS-230 packages sent to NVC

May 23, 2008: RFE for Police Certificate (even though all original docs were sent!)

June 30, 2008: Checklist Letter Response received at NVC (new documents)

July 8, 2008: Case complete

July 16, 2008: Case forwarded to Consulate


July 22, 2008: Case arrives at Consulate

July 24, 2008: Medical Exam

August 14, 2008: INTERVIEW! Visa issued!

August 18, 2008: Received immigrant visa and document package via DHL

January 16, 2009: Enter US at LAX POE


November 5, 2010: Mailed file for 1-751 Removal of Conditions

November 6, 2010: Petition package arrival at CSC [check cashed on 11/10/10]

November 12, 2010: NOA1 received

December 14, 2010: Biometrics appointment

February 11, 2011: Approval of Removal of Conditions

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