Filling I130 while aborad (Not DCF)

[Rasenganguy 0]

Hello everyone, Since I can't find a similar situation like mine I am openning a new topic about it. I just passed the POE last week (1st of November) with an immigrant visa (F2B). For the moment I have the I551 stamp no plastic card yet. I applied for a social security number but didn't get it yet neither. yesterday i went back to France to settle my things and to get married. I am planning to stay till April before going back definitly to US. My brother will send me via fedex my plastic card when he receives it.

To speed up things I want to know if I can fill the I130 form for my wife, state my US address of residency and send it from France to the Chicago lockbox or should I be physically present in the US the moment I send the I130? By sending it from France i will avoid wasting $1000 on the plane going to US and coming back again to France.

Thx in advance.

[lost_at_sea 995]

Yes, you can do that. You're just on vacation. Be careful with such a long trip that you're not out of the USA for more than 6 months. You can lose your GC staying out of the country too long.

Edited November 13, 2013 by lost_at_sea

[Cathi 5,623]

You will be fine. As the previous poster said, do not stay outside the US for more than 180 days in a calendar year or you will risk losing your green card.

[Rasenganguy 0]

Yes, you can do that. You're just on vacation. Be careful with such a long trip that you're not out of the USA for more than 6 months. You can lose your GC staying out of the country too long.

Thank you lost_at_sea for your answer. No I won't stay more than 5 monthes. I may come back again later for other 5 monthes but no more. You know it takes time to stop my actual work in France, sell my properties and all the stuff. I will bring with me to US each time my US bank account that shows I am transfering my belonging from my France bank account to the US one in case the POE agent start asking me questions. That should proove my intention to stay in the US.

[lost_at_sea 995]

Thank you lost_at_sea for your answer. No I won't stay more than 5 monthes. I may come back again later for other 5 monthes but no more. You know it takes time to stop my actual work in France, sell my properties and all the stuff. I will bring with me to US each time my US bank account that shows I am transfering my belonging from my France bank account to the US one in case the POE agent start asking me questions. That should proove my intention to stay in the US.

You shouldn't do two trips of 5 months in one year. No more than 180 days per year.

If you're abroad Jan to April in 2014, you should avoid being abroad again for more than 2 months in the same year. If you need to stay abroad longer, you need to apply for permission to not risk losing your GC.

Edited November 13, 2013 by lost_at_sea

[Rasenganguy 0]

You shouldn't do two trips of 5 months in one year. No more than 180 days per year.

If you're abroad Jan to April in 2014, you should avoid being abroad again for more than 2 months in the same year. If you need to stay abroad longer, you need to apply for permission to not risk losing your GC.

I will see how fast I finish all my stuff in France inmy actual 5 monthes trip and decide about a re-entry permit or a second 5 monthes trip. I'm trying to avoid the re-entry permit to not reset the naturalisation clock to 0. My mom used to do it for 7 years and last time the agent at the POE paid attention for that and gave her a warning now she has a re entry permit. A guy I know told me that they won't bother me for that the first year.

I won't do like mom of course but I will try to have proof like looking for work, paying phone bills, filling taxes, transfering my money to US to prove that I am intending to stay.