Filing I-130 but not moving yet? (split)

[sunbee1985 0]

Hello everybody:

I have a question about filing the I-130 abroad. My husband wants to sponsor me and we'd like to file the I-130 sometime soon. However, we don't plan on actually moving to the US before a year or two. Could we still file the I-130 already though and wait to send all the documents to the NVC? I know that he needs to have a job and income in the US (with the Affidavit) before the NVC will forward it the the consulate/embassy. Therefore, could we wait to send the documents in? I contacted USCIS and they told me that approved I-130 don't have an expiration date but they did not really answer my quesiton.

I'd appreciate any recommendations

Thank you

Sunbee

[Chris & Trinh 15]

Hello everybody:

I have a question about filing the I-130 abroad. My husband wants to sponsor me and we'd like to file the I-130 sometime soon. However, we don't plan on actually moving to the US before a year or two. Could we still file the I-130 already though and wait to send all the documents to the NVC? I know that he needs to have a job and income in the US (with the Affidavit) before the NVC will forward it the the consulate/embassy. Therefore, could we wait to send the documents in? I contacted USCIS and they told me that approved I-130 don't have an expiration date but they did not really answer my quesiton.

I'd appreciate any recommendations

Thank you

Sunbee

At the USCIS stage you really don't have any control over how long the process will take. 3-8 months. When it is approved there, it automatically gets sent to NVC (2weeks - 1month) to be entered into the system at NVC. Then this is the stage which you have control over how quickly the process goes. You have up to 1 year to file your documents with NVC.

After NVC, then the paper work gets sent to your local Embassy for a scheduled interview. (1 month - 3 months depending on Embassy to schedule the interview). After the interview, if passed, you will receive your visa within a few days/week and will be givien 6 months to enter the US.

So....to answer your question it could take 2 years from start of process until entering the US if you wanted it to. However, you could NOT wait 2 years before sending your paper work to NVC.

[sunbee1985 0]

At the USCIS stage you really don't have any control over how long the process will take. 3-8 months. When it is approved there, it automatically gets sent to NVC (2weeks - 1month) to be entered into the system at NVC. Then this is the stage which you have control over how quickly the process goes. You have up to 1 year to file your documents with NVC.

After NVC, then the paper work gets sent to your local Embassy for a scheduled interview. (1 month - 3 months depending on Embassy to schedule the interview). After the interview, if passed, you will receive your visa within a few days/week and will be givien 6 months to enter the US.

So....to answer your question it could take 2 years from start of process until entering the US if you wanted it to. However, you could NOT wait 2 years before sending your paper work to NVC.

Thank you so much for getting back to me, I appreciate it. It makes much more sense now However, I wanted to ask one last question: can we file the I-130 from abroad with our current address in Canada? It's fine to file the later documents in NVC with his address once he moves back to the US, right? I just want to make sure that it won't be a problem to have a different address for the sponsor once we start the process with NVC (for the AOS and so on).

[Chris & Trinh 15]

Thank you so much for getting back to me, I appreciate it. It makes much more sense now However, I wanted to ask one last question: can we file the I-130 from abroad with our current address in Canada? It's fine to file the later documents in NVC with his address once he moves back to the US, right? I just want to make sure that it won't be a problem to have a different address for the sponsor once we start the process with NVC (for the AOS and so on).

Yes you can send the I-130 with your foreign address if he is living with you now. It might even speed up the I-130 process as it does for many where both are living abroad. When he goes back to the US he will need to report a change of address if he moves anytime during the process.

[sunbee1985 0]

Thank you for your help, I appreciate it ! And...Do I become ineligible to travel to the US as a tourist once the I-130 is filed, or once I apply for the immigrant visa with NVC?

Yes you can send the I-130 with your foreign address if he is living with you now. It might even speed up the I-130 process as it does for many where both are living abroad. When he goes back to the US he will need to report a change of address if he moves anytime during the process.

[NikLR 13,234]

Thank you for your help, I appreciate it ! And...Do I become ineligible to travel to the US as a tourist once the I-130 is filed, or once I apply for the immigrant visa with NVC?

Neither.

You can continue to travel at any time to the USA. Provide the CBP officers with strong proof of your ties to Canada if asked - return ticket, employment letter stating when you're due back, bills, lease/mortgage, car leases/loans, children in school, etc... I used to bring a copy of my NOA1 when I travelled as well. Generally speaking unless you live in a border town, there isn't much time between NOA2 and the interview to really do a lot of visiting.

Just to note, these sorts of questions are best if done in their own topic or thread so as not to derail the original thread.

We have a wonderful Canada regional forum as well that I encourage you to visit. It's a bit slow on weekends though.

Edited July 7, 2013 by NikiR

[sunbee1985 0]

Thank you for your answer ! Sorry about posting here, I wasn't aware that there is a Canadian thread. I'm new to this forum, so I'm still learning

Neither.

You can continue to travel at any time to the USA. Provide the CBP officers with strong proof of your ties to Canada if asked - return ticket, employment letter stating when you're due back, bills, lease/mortgage, car leases/loans, children in school, etc... I used to bring a copy of my NOA1 when I travelled as well. Generally speaking unless you live in a border town, there isn't much time between NOA2 and the interview to really do a lot of visiting.

Just to note, these sorts of questions are best if done in their own topic or thread so as not to derail the original thread.

We have a wonderful Canada regional forum as well that I encourage you to visit. It's a bit slow on weekends though.

[NikLR 13,234]

Thank you for your answer ! Sorry about posting here, I wasn't aware that there is a Canadian thread. I'm new to this forum, so I'm still learning

No worries!

http://www.visajourney.com/forums/forum/93-canada/

is the canada forum.

If you click on "portals" on the top of the page it will show you all the Canadian started threads as well

[sunbee1985 0]

Awesome, thank you

Thank you for your answer ! Sorry about posting here, I wasn't aware that there is a Canadian thread. I'm new to this forum, so I'm still learning