Being in the US during application?

[londonhornet 0]

Apologies if this is a silly question but I can't find an answer here anywhere! Having recently filed our I-130 via DCF process at the London Embassy, is there any ruling on whether or not the petitioner and/or beneficiary can go back into the States, and if so for how long etc?

In our scenario my other half is intending to seek employment in the States pending our application to put is in good stead for when I eventually get my visa?

[Darnell 8,478]

No issue, once the DCF'd I-130 has been filed.

In fact, is a better thing, as the USC will be able to show 1) proof of USA domicile (an issue , really, some discover it on interview day ) and 2) employment / salary in the USA (something evaluated on interview day with the I-864).

So, when you have your interview, make sure you have any updated I-864 docs (I suggest making entire new packet ) to show on Interview Day.

Good Luck !

[londonhornet 0]

No issue, once the DCF'd I-130 has been filed.

In fact, is a better thing, as the USC will be able to show 1) proof of USA domicile (an issue , really, some discover it on interview day ) and 2) employment / salary in the USA (something evaluated on interview day with the I-864).

So, when you have your interview, make sure you have any updated I-864 docs (I suggest making entire new packet ) to show on Interview Day.

Good Luck !

Thanks Darnell - I was just a bit worried because that's our plan, and I know that when we reach the next step (DS-230) we both have to sign this form, and it's going to be a bit difficult if she is in the States. I guess we'll have to FEDEX the forms back and forth!!

[CheeseQuavers 0]

I was totally under the impression that the Beneficiary had to remain in the UK after the petition was filed?

The Petitioner has to be in the country for the I-130 petition and it helps if they go to the interview with their beneficiary. If your spouse is stateside, then she might as well be going the IR1/CR1 or K3 route. Either way, the beneficiary will need to be in the UK.

DFC is supposedly such a quick process (usually around 3 months) there's no point to leaving the country until the visa is issued. You have 6 months after the issue date to enter the USA, then upon entry, you are given your LPR stamp which acts as your travel document and greencard until your greencard arrives. You are free to move about the globe as you wish after you gain entry to the USA.

If you need more time than the 6 months as standard then you can request an extension, but this must be done before the expiry date.

[Darnell 8,478]

Thanks Darnell - I was just a bit worried because that's our plan, and I know that when we reach the next step (DS-230) we both have to sign this form, and it's going to be a bit difficult if she is in the States. I guess we'll have to FEDEX the forms back and forth!!

My advice was specific to the Petitioner, not the beneficiary.

Signing forms is easy, ya? the two of you together, now?

Sign the forms

[Darnell 8,478]

I was totally under the impression that the Beneficiary had to remain in the UK after the petition was filed?

The Petitioner has to be in the country for the I-130 petition and it helps if they go to the interview with their beneficiary. If your spouse is stateside, then she might as well be going the IR1/CR1 or K3 route. Either way, the beneficiary will need to be in the UK.

DFC is supposedly such a quick process (usually around 3 months) there's no point to leaving the country until the visa is issued. You have 6 months after the issue date to enter the USA, then upon entry, you are given your LPR stamp which acts as your travel document and greencard until your greencard arrives. You are free to move about the globe as you wish after you gain entry to the USA.

If you need more time than the 6 months as standard then you can request an extension, but this must be done before the expiry date.

you gots some points there, but specifically for DCF'd I-130s - there is always issue for US-Income or Income/Assets solely in the USCs name, and USA Domicile for the USC. For many who were living overseas, working, married, with joint back accounts, this has been a problem on interview day. For some, these issues are not discovered UNTIL Interview Day at the Consulate/Embassy.

re: Petitioner be IN the country - that's true, up to a point. A USC can return to USA to re-establish DOMICILE, get USA job, etc etc - but usually the 'best window' to do this - is between the INITIAL FILING DATE and the INTERVIEW DATE. Is not some hard/fast rule, is not some DOS/USCIS policy, but is always safer, after the INITIAL FILING DATE. Then, the USC be IN COUNTRY on Interview Day (some consulates do NOT allow the Petitioner to tag along with the beneficiary, some do, but to give a ConOff the USCs passport, on interview day, trumps much ).

Edited December 30, 2009 by Darnell

[trailmix 77]

I think another thing to consider is getting the beneficiary IN to the U.S.

Entry, as you know, is completely determined by the border person at the POE - you will be arriving together, married, be sure to bring strong proof of ties to the UK, including your application approval.

There is a fine line between visiting and taking up residence, ensure you can prove to the border personnel that you are only intending to visit.

[londonhornet 0]

Thanks for all your input guys and girls - just to clarify - I (beneficiary) am not intending to go to the States until I am granted my Visa - the reason I posted was just to establish whether or not my wife (petitioner) would be able to travel to the States to stay with her family again for a while and search for employment in the meantime. This whole process is soooo frustrating and still a long way away from being complete!!

From what I have read on several websites there is no obligated requirement that the petitioner be present at the interview, nor be travelling to the U.S with the beneficiary. (I'm sure this varies from consulate to consulate, but that's what I gather from the London office)

[Penguin_ie 5,986]

Yep, the petitioner can leave as soon as the I-130 is filed.

[schillaci 0]

Yep, the petitioner can leave as soon as the I-130 is filed.

I , the petitioner, plan on doing the same thing. I will be going back to Boston seeing as how we have already sent the I-130. My wife will wait for the packet from Rome and then send the DS-230 to Naples. But I have looked at the form for the DS-230 and don't see where we are supposed to sign together. In fact I dont see anything related to anything for the petitioner. I only see information needed for the beneficiary.

Also, can the DS-230 be filled out before the packet comes back from Rome? Can it be done ahead of time and then sent to Naples once the packet arrives from Rome?

And doesnt it need to be done online so that it will have the barcode printed on it?

[francophone 0]

Yep, the petitioner can leave as soon as the I-130 is filed.

I posted a similar question on another posting, but would it be feasible to return to the US, find a job, then return to the DCF and file the I-130? Obviously they embassy would not need to know that I had left the country temporarily to find work. My question is, would it bar me from filing the I-130 at a DCF if i leave and return?

Also, the turn around time is still MUCH shorter, isn't it?

I hope this makes sense.

[Penguin_ie 5,986]

I posted a similar question on another posting, but would it be feasible to return to the US, find a job, then return to the DCF and file the I-130? Obviously they embassy would not need to know that I had left the country temporarily to find work. My question is, would it bar me from filing the I-130 at a DCF if i leave and return?

You can travel while you are living in the foreign country, but you must remain legally resident abroad, ie pay taxes abroad, keep your bills and lease established etc. So something like flying to the USA for 2-4 weeks to do some job interviews and look for a place to live would be fine, but going to the USA and staying there for months, or starting a job would not be ok (until you have filed the I-130 via DCF; as soon as that is files, the USC can move back home.). My own USC husband traveled to Arkansas to see his family and buy us a house to live in for 3 weeks just before we filed,and it wasn't even mentioned at my interview.