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10basetom

Need some advice please

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Hi everyone, this is my first post on this forum. You guys seem to be very knowledgeable about the immigration process, so I hope someone can answer some of the questions that I have before I start the long and daunting application process.


Here is my situation:

  • I'm planning to file Form I-130 for my Vietnamese wife whom I married in January 2012.
  • We are expecting our first child in October 2013.
  • I'm a US citizen currently working abroad in Singapore (work contract ends in April 2015, after which I will likely return to the US).

Questions:


1. Should I wait until I'm married for two years before filing? I read on this page that filing an IR-1 is a little simpler than CR-1 because my wife and I won't have to "apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States."


2. If I wait until January 2014 to file (to get the IR status), then will I have to file a separate petition for our baby?


3. If I plan to return to the US in 2015, when should I apply? I'm afraid if I apply right now it might be too early because I read that my wife would have to come to the US within 6 months after the application is approved.


4. On my last two tax returns, I stated that my "domicile" was Singapore because I really thought I would stay in Singapore permanently, but have since changed my mind and plan to return to the US in 2015. Will this affect my application? I read that US sponsor must have a domicile in the US.



5. After I return to the US, I will have to look for a new job, so I will not have any US income. Does this mean I will have to ask my parents to sponsor my wife?



Thanks in advance,

Tom

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I will anser question 2 for you- I also had a daughter born out of the USA--

What you need to do for your child is file a consular report of birth abroad to a US Citizen- she is automatically a US Citizen becasue she is your child- she would get a USA passport when your application is complete.


MY JOURNEY

2009-03-03 - Married in San Pedro Sula, Cortez, Honduras

2011-07-11 - Our second Daughter is Born in La Ceiba, Atlántida, Honduras

2013-04-15 Consular Report of Birth Abroad Completed- she is USA Citizen

We are a family of four-

TWO I130 CASES - running concurrently One for my wife and Second for my stepdaughter

USCIS
2013-08-20 - NOA1 - Priority Date established
2014-02-27 - NOA2 - after transfer to California Service Center in January

7 MONTHS and 23 DAYS at USCIS

NVC

2014-04-11 - NVC case Number & IIN Assigned

2014-04-15 - DS-261 online done and accepted

2014-04-29 - DS-260 completed online and approved on 5/14/2014

AOS

2014-04-16 - I-864 INVOICE Generated and paid

2014-04-21 - I-864 Package sent via FedEx

2014-04-22 - I-864 Package at NVC Signed for by B Standish 9:21 am FedEx

2014-05-14- I-864 package on case approved

IV

2014-04-24 - IV INVOICE Generated and paid

2014-05-02 - IV packets sent via FedEx scanned on 05/05/2014 approved on 5/29/2014 - 24 days

2014-05-29 - Case ONE OF TWO completed, 48 days

2014-06-20- CASES(s) complete Case TWO took 71 days (checklist)

Consulate

2014-08-13- POE --FT Lauderdale, FLA for my wife

221(g) additional follow up required with Consulate

2015-06-19- POE FT Lauderdale, FLA fro my Stepdaughter

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(bad assumption (I said she- but we do not know if your child is a girl or boy)-- I will let someone with more knowledge answer your other questions but I believe if you can not prove income or assets you would need a co sponsor- but if you have current tax returns that should do it-- but again- dont know enough to comment on that- but I do know FOR SURE- what you need to do for your child-- you would file that in Singapore and they would issue passport there.


MY JOURNEY

2009-03-03 - Married in San Pedro Sula, Cortez, Honduras

2011-07-11 - Our second Daughter is Born in La Ceiba, Atlántida, Honduras

2013-04-15 Consular Report of Birth Abroad Completed- she is USA Citizen

We are a family of four-

TWO I130 CASES - running concurrently One for my wife and Second for my stepdaughter

USCIS
2013-08-20 - NOA1 - Priority Date established
2014-02-27 - NOA2 - after transfer to California Service Center in January

7 MONTHS and 23 DAYS at USCIS

NVC

2014-04-11 - NVC case Number & IIN Assigned

2014-04-15 - DS-261 online done and accepted

2014-04-29 - DS-260 completed online and approved on 5/14/2014

AOS

2014-04-16 - I-864 INVOICE Generated and paid

2014-04-21 - I-864 Package sent via FedEx

2014-04-22 - I-864 Package at NVC Signed for by B Standish 9:21 am FedEx

2014-05-14- I-864 package on case approved

IV

2014-04-24 - IV INVOICE Generated and paid

2014-05-02 - IV packets sent via FedEx scanned on 05/05/2014 approved on 5/29/2014 - 24 days

2014-05-29 - Case ONE OF TWO completed, 48 days

2014-06-20- CASES(s) complete Case TWO took 71 days (checklist)

Consulate

2014-08-13- POE --FT Lauderdale, FLA for my wife

221(g) additional follow up required with Consulate

2015-06-19- POE FT Lauderdale, FLA fro my Stepdaughter

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FrancisDirr, thanks for the quick reply -- you are right, it's a girl :-). I will contact the US consulate in Singapore to ask about that form you mentioned.

As for income records, I have been working in Singapore for over two years now, so I'm not sure if those are accepted. Before working here I did two years of service work, so my last real US income was in 2008.

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1. Doesn't matter when you file- she will get issues a ten year greencard if you are married more than 2 years at the time she enters the USA.

2. Answered by Francis

3. I would file at the end of 2013. If the process goes unexpectedly fast for you, you can slow it down some by taking your time sending in paperwork at NVC and embassy stage. Also, the visa is valid for 6 months once issued.

4. No, you can go for "re-establishing domicile"- ie show you truly intend to return, by looking for a job at home, buying or being in contact witha real estate agent about renting a home etc.

5. Yes, unless you have enough assets (x3 the income for your household) to sponsor your wife.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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