Future spouse will be moving out of her current country. Where do I file?

[IslandGuy 2]

Hello, I'm new to the forum but have been reading the different threads.

I will be marrying my Filipina finance in Bahrain this February. She is currently working in Bahrain, but she will be leaving in July to go back home to the Filippines.

I'll be using a financial co-sponser ( my Dad) as I am currently a full time student taking classes on line. I do own a home and do have money in the bank. My Dad and I may be moving to the Philippines in July for 6-7 months while we wait for her visa to come through. I was thinking about renting the house out while I am away.

Should I file in the US for her IR-1/CR-1, or should I file when I am in the Philippines? Will there be a problem with filing in March before she moves back to the Philippines? What am I missing?

I have been reading about US petitioners filing abroad having their petition wait time significantly reduced, but the last posting was in December and it is believed that the expedited service is no longer available. visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page__st__330

[The Mean Lady 604]

you cant file abroad until you live there legally for 6 months anyways

[IslandGuy 2]

According to the guide, the joint sponsor must be residing in the US. I assume I would have to wait for the packet of forms received after NOA2 and to fill those out before my Co-sponser and I could go to the Philippines as the Co-sponser has to reside in the US to qualify. Is this correct?

Edited January 14, 2013 by IslandGuy

[IslandGuy 2]

According to the guide, the joint sponsor must be residing in the US. I assume I would have to wait for the packet of forms received after NOA2 and to fill those out before my Co-sponser and I could go to the Philippines as the Co-sponser has to reside in the US to qualify. Is this correct?

From what I am reading about the definition of domiciled, my co-sponsor can be outside of the US if he shows strong ties to his house and a reason to return.

[Roosha 51]

Ok you've asked a lot of questions and it's kind of jumbled so I'm going to do my best to answer, sorry if it's not clear:

Where do you live now? You mention that you're getting married in Bahrain and that your fiance will be moving back to the Philippines, but what about you? If you're in the states now you shouldn't have any problem with domicile since you'll only be going to the Philippines to wait for the visa, you're not actually moving there to stay. My advice would be to have someone in the states that can get your mail though so that you can ensure receipt. Make sure on all forms that you list your residence in the states when it asks for your address. Take a look at the I-864 and you'll see where it asks what country you reside in, you'll answer USA b/c that's your residence. Same with your father. I'm not sure about this but I don't think domicile matters for the joint sponsor, only for the primary sponsor (you). Domicile does not necessarily mean physically present, it means the place of residence, the place you call home.

You won't be able to file with the embassy in Manila since you have to be a legal resident there for 6 months. Not visiting for 6 months, have a residence there.

[The Mean Lady 604]

Ok you've asked a lot of questions and it's kind of jumbled so I'm going to do my best to answer, sorry if it's not clear:

Where do you live now? You mention that you're getting married in Bahrain and that your fiance will be moving back to the Philippines, but what about you? If you're in the states now you shouldn't have any problem with domicile since you'll only be going to the Philippines to wait for the visa, you're not actually moving there to stay. My advice would be to have someone in the states that can get your mail though so that you can ensure receipt. Make sure on all forms that you list your residence in the states when it asks for your address. Take a look at the I-864 and you'll see where it asks what country you reside in, you'll answer USA b/c that's your residence. Same with your father. I'm not sure about this but I don't think domicile matters for the joint sponsor, only for the primary sponsor (you). Domicile does not necessarily mean physically present, it means the place of residence, the place you call home.

You won't be able to file with the embassy in Manila since you have to be a legal resident there for 6 months. Not visiting for 6 months, have a residence there.

I saw someone recently whose AoS might have been denied due to lack of domicile proof on the co-sponsor.

There was some speculation as to what the issue was, but that was where it was leaning to and no one was objecting to it being a possibility.

So, basically, I think the co-sponsor DOES have to prove domicile in the US.

[pushbrk 12,105]

File when you're ready by sending the petition to Chicago or Phoenix, as applicable. If you file before she moves back to the P.I. then you'll need to execute a Embassy transfer when the case gets to NVC. Sure, you can indicate she'll interview in Manila on the I-130 but NVC will initially assign it to the Consulate that serves the address on the top right of the I-130 regardless.

You and you're father will likely be VISITING the Philippines, not technically "residing" there. So, domicile should not be an issue. You just show you own homes in the USA and intend to return to your permanent residences once the spouse has her visa.

[IslandGuy 2]

Thank you everyone for your help.

[Darnell 8,478]

well, time and timing always helps, aye? You've got a plan, of sorts, so that's a plus.

For further research, match up the timeticks and the intervals between the timeticks with chasing after:

1. a CR-1 visa where the I-130 is filed with the lockbox in the USA and

2. a CR-1 visa where the I-130 is filed to USCIS Manila.

IMO, the fastest bit for you will be to file the I-130 to the lockbox in the USA after you return to the USA from Bahrain.

I'll leave it to you to do the research on timeticks and queues in each timetick, for the 'why'.

Good Luck !

Edited January 17, 2013 by Darnell