Living Abroad Filing I-130 for Husband

[CrammyFamily 2]

Hello everyone!

We are new to this site, and love it already.

I am an American citizen married to a Ugandan citizen. I have been living here in Uganda with my husband for the past year. We do not have a USCIS office in Uganda, so I will be traveling back to the US to file the petition. I was wondering if it is okay for me to then travel back to Uganda for the rest of the process?

Also, because I have been living here on a spousal visa, I am not permitted to work, so I have no income other than my husband's income. We own a business together. Would it be helpful for us to include a business certificate in the documents? I filed taxes for last year because I visited the US and worked for a month, making a total of $1,500U SD give or take. I am worried that they might not accept me as being able to "support" him. I know they like to see 125% over the poverty threshold. The good thing is that we will be living with my mother when we get to the US, so we won't be paying any bills other than food costs.

I am pregnant (1 1/2) months, so we are trying to get all this done in time for my husband to be in the US at the time of birth. This is the reason I want to come back to Uganda once the papers have been filed, so we can experience the pregnancy together, and I don't want to be apart from him anyway. I also think living together as long as possible makes for a good case when reviewing the marriage.

Any advice, tips, comments or experiences will be greatly appreciated.

Amelia and Phillip

[jenni17 36]

Hello everyone!

We are new to this site, and love it already.

I am an American citizen married to a Ugandan citizen. I have been living here in Uganda with my husband for the past year. We do not have a USCIS office in Uganda, so I will be traveling back to the US to file the petition. I was wondering if it is okay for me to then travel back to Uganda for the rest of the process?

Also, because I have been living here on a spousal visa, I am not permitted to work, so I have no income other than my husband's income. We own a business together. Would it be helpful for us to include a business certificate in the documents? I filed taxes for last year because I visited the US and worked for a month, making a total of $1,500U SD give or take. I am worried that they might not accept me as being able to "support" him. I know they like to see 125% over the poverty threshold. The good thing is that we will be living with my mother when we get to the US, so we won't be paying any bills other than food costs.

I am pregnant (1 1/2) months, so we are trying to get all this done in time for my husband to be in the US at the time of birth. This is the reason I want to come back to Uganda once the papers have been filed, so we can experience the pregnancy together, and I don't want to be apart from him anyway. I also think living together as long as possible makes for a good case when reviewing the marriage.

Any advice, tips, comments or experiences will be greatly appreciated.

Amelia and Phillip

If the business is not in the USA but is in Uganda it probably won't help you much unless there is a way for you to continue running it from the US. In addition, if you didn't file US taxes on that income there is no way to bring supporting evidence of it to your interview...The business certificate probably won't help unless it shows what money you've made in the past year. It looks to me like you will be needing a co-sponsor, I suggest you check the consulate page for Uganda to verify that they do accept them, because some countries dont, and if so ask your parents if they would be willing to sponsor him.

Also, as a side note, it may not be necessary for you to return to the US to file the petition. I know nothing about the Ugandan mail system but do they have fedex or dhl? I was living in Peru when my fiance and I filed and I sent it via fedex to my parents house and they forwarded it to USCIS. It cost a lot to fedex, but much less than a plane ticket would have.

[CrammyFamily 2]

jenni17, Thanks so much for your response. I also thought of doing that, but was worried I could get in trouble for "fraud", making it appear I was in the US when I wasn't. Good to know it is an option.

Yes, we are planning for my mother to co-sponsor. Do you know if co-sponsored visas are less likely to be approved or just the same?

Thanks again!

A and P

[Penguin_ie 6,000]

You can absolutely file while in Uganda, nothing wrong with that.

Some countries US embassies dislike co-sponsors for a K1 fiance visa but it's fine for the spousal visa you are going for.

Unfortunately, it is unlikely that the whole process will be done in time for the birth of the baby- it currently takes most of a year, and with you already pregnant (and needing to travel by 36 weeks or sofor the airline to allow it), it is very unlikely his visa will be approved in time.

[ShirahBet 42]

jenni17, Thanks so much for your response. I also thought of doing that, but was worried I could get in trouble for "fraud", making it appear I was in the US when I wasn't. Good to know it is an option.

Yes, we are planning for my mother to co-sponsor. Do you know if co-sponsored visas are less likely to be approved or just the same?

Thanks again!

A and P

Can I ask what you are worried about appearing fraudulent?

Many people file petitions for their spouses while living abroad. In fact, their cases tend to get reviewed quicker because they are filing from abroad. However, you will eventually have to prove that you have maintained ties to the US - bank accounts, a permanent address, etc.

[jenni17 36]

jenni17, Thanks so much for your response. I also thought of doing that, but was worried I could get in trouble for "fraud", making it appear I was in the US when I wasn't. Good to know it is an option.

Yes, we are planning for my mother to co-sponsor. Do you know if co-sponsored visas are less likely to be approved or just the same?

Thanks again!

A and P

According to Penguin below it looks like for the spousal visa the co-sponsor shouldn't be a problem, so you should be good!

What i did when i filed was in the question asking to specify how you met on the I-129 (i'm not sure about the specifics on the I-130 but i'm assuming there's a similar question on the spousal visa forms) I gave details of meeting and the times that I had gone back to visit and said that I was currently living in Peru with him and that I would be until Feb 2013 at which time I'd move back to the US. That way they understood that at the time of filing my current address was the same as his and they knew when I would be back at my permanent address in the US. In your case you could state that you currently live with him in Uganda and plan to stay there until his visa is issued and he travels to the USA.

[jenni17 36]

jenni17, Thanks so much for your response. I also thought of doing that, but was worried I could get in trouble for "fraud", making it appear I was in the US when I wasn't. Good to know it is an option.

Yes, we are planning for my mother to co-sponsor. Do you know if co-sponsored visas are less likely to be approved or just the same?

Thanks again!

A and P

You should look into filing via DCF though, if you are a resident of Uganda as his spouse you may qualify to file through the embassy directly, which means bi-passing USCIS and faster processing... i'm not familiar with the exact process but the link to the forum is below

http://www.visajourney.com/content/dcf

Edited June 9, 2013 by jenni17

[ShirahBet 42]

According to Penguin below it looks like for the spousal visa the co-sponsor shouldn't be a problem, so you should be good!

What i did when i filed was in the question asking to specify how you met on the I-129 (i'm not sure about the specifics on the I-130 but i'm assuming there's a similar question on the spousal visa forms) I gave details of meeting and the times that I had gone back to visit and said that I was currently living in Peru with him and that I would be until Feb 2013 at which time I'd move back to the US. That way they understood that at the time of filing my current address was the same as his and they knew when I would be back at my permanent address in the US. In your case you could state that you currently live with him in Uganda and plan to stay there until his visa is issued and he travels to the USA.

The I-130 does not inquire about how a couple met because they are already considered to be related. They do want proof of relationship, however with that whole process. I sent joint bank account records, photos, affidavits from family members (his and mine), photos with explanations, phone records, text records and emails.

[chaine1 116]

Hi Amelia,

I filed from abroad while my husband and I were living in Kuwait. As Penguin said, you do not need to return to the US to file the paperwork. And you can put your Ugandan address on the paperwork. I did the same, even though Kuwait has terrible post. I never received any paperwork from my petition. As a resident abroad, there is a chance of being auto-expedited by the USCIS. While it seems this pathway has slowed down from when I experienced it, there are reports of petitions being approved in 30-60 days. If that happens, you both may be able to make it home before the birth. Read through this thread: USC petitioner living abroad It is long, but it full of good information.

You will need a co-sponsor. Your income in Uganda will not be accepted, unless you can prove it will continue after leaving. You can PM me if you want more help applying from abroad.

Good Luck!

[Penguin_ie 6,000]

You should look into filing via DCF though, if you are a resident of Uganda as his spouse you may qualify to file through the embassy directly, which means bi-passing USCIS and faster processing... i'm not familiar with the exact process but the link to the forum is below

http://www.visajourney.com/content/dcf

DCF is out because it is only available in countries that have a USCIS office, and Uganda doesn;t have one. List here; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[Ryan H 3,899]

Moved from Progress Reports to Process & Procedures.

[jenni17 36]

DCF is out because it is only available in countries that have a USCIS office, and Uganda doesn;t have one. List here; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

that's a bummer... i didn't realize not every country has that option

[loveyourlife 2]

jenni17, Thanks so much for your response. I also thought of doing that, but was worried I could get in trouble for "fraud", making it appear I was in the US when I wasn't. Good to know it is an option.

Yes, we are planning for my mother to co-sponsor. Do you know if co-sponsored visas are less likely to be approved or just the same?

Thanks again!

A and P

Hi Amelia,

I will try to answer your questions the best I can. I am American and my husband is Ugandan so we are in a similar situation. First off, your spousal visa interview will be processed through the Nairobi embassy since the Kampala embassy only processes work, student, and visitor visas. I was living in Uganda with my husband for.nearly a year before I moved back to the states to file our I-130 petition. Yes, you could stay in Uganda and file, we just decided we didn't trust the mail system with all our personal documents, but DHL is pretty reliable in Uganda so you could take your chances. Don't worry about using a cosponsor, we are using one too and have had no problems thus far. My husband and I started an NGO in Mbale so I had no income to show when I came back to the states. Our visa process started in early September 2012 and my husband's interview has finally been scheduled for the end of July (10.5 months since we started the process) just to give you an idea of how long the process may take. Congrats on your pregnancy and best wishes on your visa journey. Feel free to contact me with any questions you may have throughout your visa journey.

[Kristen_Sukura 0]

I am an American living in Nairobi, married to a Kenyan citizen and we want to get back to the U.S. as soon as possible - I've just been laid off and it's so difficult for foreigners to get jobs in Nairobi (ugh)!

I went to the Embassy in Nairobi last week Tuesday to submit the I-130 petition. The USCIS people were amazing - so responsive to e-mails and nice in person too. I just had to show that I am a resident in Kenya to apply here (so you just show similar documentation as a Ugandan resident). I was told it would take 30-60 days but I have already received our approval! Took only 4 working days. I believe it is MUCH FASTER to file outside of the U.S. than from home and would encourage you to use the Nairobi Embassy.

Now I'm waiting to hear from the Consular that we can start the CR1 visa process which I hope will be speedy - money's running out. Unemployment in Nairobi e-x-p-e-n-s-i-v-e.

All the best!

[Ryan H 3,899]

and would encourage you to use the Nairobi Embassy.

The OP is living in Uganda, not Kenya. Filing a petition at the US Embassy in Nairobi is not possible for the OP.