Working Abroad while filing I-130 in the states

[thesands 0]

Hey everyone,

Just filed my I-130 for my Filipina wife but after lengthy consideration, it became apparent that working overseas may offer better opportunities than in the States, at least right now. Not to mention the prospect of being reunited with my wife while we go through this lengthy process together.

My question is, being that the I130 has been very recently mailed what are my options if I work abroad? Would it be possible to change the application to a DCF? If not, what happens if I am called for an interview in the US? I understand she will at some point be called for an interview in Manila...would it be at all possible to have it in the US Embassy of the foreign country I was working in?

And should USCIS accept our petition and issues the visa when would she/we have to travel to the US by? I've heard that the GC is a 10 year visa?? So would we have all that time to go back to the US should I decide to work abroad for longer than 1 year? Lastly does it make sense just to try to cancel the I130 and try for a DCF at a later date?

Any help would be deeply appreciated. A little background - the marriage is less than 2 years old so she would receive a CR visa should all go well. Not sure if that changes anything pertaining to my question but wanted to put that out there. Also, my residency would remain in the US as we would consider the move temporary.

Edited November 22, 2012 by thesands

[The Mean Lady 604]

Hey everyone,

Just filed my I-130 for my Filipina wife but after lengthy consideration, it became apparent that working overseas may offer better opportunities than in the States, at least right now. Not to mention the prospect of being reunited with my wife while we go through this lengthy process together.

My question is, being that the I130 has been very recently mailed what are my options if I work abroad? Would it be possible to change the application to a DCF? If not, what happens if I am called for an interview in the US? I understand she will at some point be called for an interview in Manila...would it be at all possible to have it in the US Embassy of the foreign country I was working in?

And should USCIS accept our petition and issues the visa when would she/we have to travel to the US by? I've heard that the GC is a 10 year visa?? So would we have all that time to go back to the US should I decide to work abroad for longer than 1 year? Lastly does it make sense just to try to cancel the I130 and try for a DCF at a later date?

Any help would be deeply appreciated. A little background - the marriage is less than 2 years old so she would receive a CR visa should all go well. Not sure if that changes anything pertaining to my question but wanted to put that out there. Also, my residency would remain in the US as we would consider the move temporary.

The interview is for the immigrant, not for you, the us citizen.

I guess occasionally US citizens get called for an interview before the I-130 is approved but I have only just heard of that recently so I don't think it's something that happens very often.

Once you receive the visa, you have 6 months to enter the US from the date on your medical exam (I believe). At least that's what I have read people say, I have no experience on that yet.

The visa is for those intending to immigrate to the US.

You cannot get a Spousal visa just for traveling back and forth as you please: you must hold your residence in the US with your spouse which means not being away for more than 6 months. I've read you can stay up to 1year, but I don't know what the conditions are of that.

If you don't currently hold a visa to work overseas, I think you're efforts to get one would just impede on your pending petition for a spousal visa as you must establish residency in the US during the process. That can also be INTENDING residency (for those us citizens living abroad already but intending to move back) but it seems to me like you'd be going through the process of getting a work visa, just to work overseas for a few months, then come back?

Edited November 22, 2012 by KDubovik

[N-o-l-a 7,169]

You can file for a DCF in the Philippines after residing there legally for 6 months. I don't think that is going to be quicker than the CR1 you just filed.

If you are both intending on working abroad for a while (past the date of the initial entry into the US with the CR1), then you should wait. You have to have your domicile in America and you can lose the permanent or conditional residency by residing in another country.

Sounds to me like you have to decide whether you want to live in America or not.

Edited November 22, 2012 by Nola123

[The Mean Lady 604]

Sounds to me like you have to decide whether you want to live in America or not.

[Bron Chase 1]

Hey everyone,

Just filed my I-130 for my Filipina wife but after lengthy consideration, it became apparent that working overseas may offer better opportunities than in the States, at least right now. Not to mention the prospect of being reunited with my wife while we go through this lengthy process together.

My question is, being that the I130 has been very recently mailed what are my options if I work abroad? Would it be possible to change the application to a DCF? If not, what happens if I am called for an interview in the US? I understand she will at some point be called for an interview in Manila...would it be at all possible to have it in the US Embassy of the foreign country I was working in?

And should USCIS accept our petition and issues the visa when would she/we have to travel to the US by? I've heard that the GC is a 10 year visa?? So would we have all that time to go back to the US should I decide to work abroad for longer than 1 year? Lastly does it make sense just to try to cancel the I130 and try for a DCF at a later date?

Any help would be deeply appreciated. A little background - the marriage is less than 2 years old so she would receive a CR visa should all go well. Not sure if that changes anything pertaining to my question but wanted to put that out there. Also, my residency would remain in the US as we would consider the move temporary.

How will you be meeting the affidavit of support requirements in the scenario of you working overseas? I don't believe foreign-earned income counts unless it will continue when you return to the US. Do you work for a US company that has overseas offices so you could do a temporary ex-pat assignment? Otherwise you may need a co-sponsor or assets.

You would have to establish 6 months of residency in the Philippines before you would be able to file via DCF so by the time you do that it would be quicker to just let the submission go through the way you have it now.

She would have to enter the US within 6 months from the medical and she'll be issued a 2 year conditional residency; then you remove the conditions when the 2 years are almost up.

Whichever way you decide I wish you the best. I'm working in the Philippines myself right now and it is quite the adventure.

- Bron (Makati/Utah)

[thesands 0]

Thanks for the feedback.

After doing some research I believe we should be OK with the process especially if it's drawn out (easily doable) Like I said I will only be working abroad for 1 year and the application was just filed. My domicile, mailing address, bank account etc will remain in the US.

BTW, I will not be working in the Phils; thus I asked if she had to be interviewed in Manila or the country where I will be working in. Sorry if that wasn't clear. That being said, wouldn't mind to find something decent in the Phils, beautiful country!

I didn't mention income since they look at the past 3 year tax returns, again I should be OK as that will show US income I made in the US. The working abroad would be very recent if not in the future (2013) And we can still use assets plus a co-singer as backup. Absolute worst case scenario and I work longer abroad than anticipated we will file again at a later date. We'll be together, I'll have a decent job and we'll figure this thing out together

Looking forward to more responses but I think we'll be OK.

Refer to this post in particular which seems helpful to my situation:

Topic "Time Limit After I-130 Approved"

My wife and I live and work in Cambodia. She has had her K3 for over a year now. We have recently moved forward with our I 130 with NVC. Our intention is for her to get a greencard/social security card next time she enters the U.S, since we have now past our two year anniversary.

To answer your question, we have had her 130 approved since April of 2008. Yes, almost two years ago. As long as you keep NVC updated of your intent to complete the process AT LEAST ONCE A YEAR, they will keep your file active. This is what I did the past two years to keep the case active.

1. complete ds 3032

2. wait a few weeks and pay the I 864 bill

3. wait a few weeks to pay the IV bill

4. called NVC to let them know I will be moving forward after our two year mark.

5. Recently began to send in I 864

6. Recently began to send in DS 230.

If you spread out the process you will buy time.

Edited November 22, 2012 by thesands

[N-o-l-a 7,169]

BTW, I will not be working in the Phils; thus I asked if she had to be interviewed in Manila or the country where I will be working in.

She interviews in whatever country she is legally resident in (with a few exceptions of countries that interview at neighboring ones).