File I-130 overseas or mail to US?

[chickentime 0]

Hello I am an American citizen, who married a Canadian March 10th of this year in Texas (He was on a Student Visa). We have been traveling for our honeymoon out of the US and will be arriving in the Philippines to live until my husbands paperwork is ready for us to move back into the United States.

How do you recommend me filing the I-130 form? We will arrive in Manila this August. Will it be quicker to file it with the office in Manila, or to mail it to the United States now? Are we going about this in the correct manner?

Thank you for your assistance and reply,

Whitney

[Penguin_ie 5,986]

You can't file directly in Manila until you have lived there for 6 months legally, so it would be faster for you to file via the lockbox in the USA.

[chickentime 0]

You can't file directly in Manila until you have lived there for 6 months legally, so it would be faster for you to file via the lockbox in the USA.

Can you point me to a government website that talks about this?

[Penguin_ie 5,986]

Sure thing: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=62280a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=62280a5659083210VgnVCM100000082ca60aRCRD

Although immigrant petitions are filed with USCIS, In some cases, an I-130 petition may be filed for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:

If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months

Members of the military

Emergency situations

Situations involving the health or safety of the petitioner

When in the national interests of the United States

[hktw 7]

Can you point me to a government website that talks about this?

http://www.uscis.gov/portal/site/uscis

[chickentime 0]

I'm still having trouble finding the 6 months part on the website.

So you are saying we should send in the I-130 by mail right now? What would we put as our address? I can put my parents address in the US? Or should I put our Manila address in the Philippines where we will be waiting until we can enter the US again? Would I have my interview, medical examination and all that in Manila at the embassy? (They have a USCIS office there).

Thanks so much for your help again

[Penguin_ie 5,986]

In the link I gave you, I also quoted the relevant section- it is about half ay down the page, right under "Humantiarian Programs".

If you want quick processing, send it with an overseas address. Your foreign husband will need to be legally resident wherever he interviews, be that Manila or elsewhere.

[dreamwarrior 0]

You've been in manilla for too short a time to file from overseas. Even if you do it, there's no benefit as you will not be expedited, plus you will have the burden of proving that you have a residence in the US (with school transcripts, tax records, etc) if you do choose to use your Manilla address. I would mail in your i130 from Manilla with your US address.

[bigdog 376]

Good Luck.

[Darnell 8,478]

Think about a 6 month block.

1. Usually, a USCitizen has to be a legal resident of another country for 6 months to file via DCF or

2. USCIS takes 6 months from intake to approval, then there is NVC processing.

So, since DCF is option in Manila, IMO you won't get into the 'filed from abroad ' queue at all.

IMO, 6 months is gonna transpire regardless - I say take option 1.