Moving overseas while petitioning for my husband (CR1)

[laurie11278 3]

I hope I'm posting this in the proper forum so I apologize ahead of time if I'm not.

I just submitted my I-130 and received notice that it was "accepted". After looking more in depth at how long the process is taking between the NOA1 and NOA2, I'm considering moving abroad to live with my husband to avoid living apart for the next 12+ months. As a teacher, I'm have options for teaching overseas but will likely need to sign a contract for up to two years.

My concern is if I can continue the immigration petition while I'm abroad ( living in the UAE) and the timeline of the process. It seems likely at this point that I can expect for things to drag on for at least 12 more months (at the very least) but I've read that after the visa is issued, my husband would have six months to enter the country.

Any advise as I consider this option? I'm worried about going through the entire process and then not being able to contractually leave my position and enter the US together before his visa expires.

Thank you so much.

[aaron2020 11,651]

You can slow the process for your husband to coincide with your contract.

Once the NVC has the case, your husband has a year to send in his immigrant visa application.

If you have more than a year left on your contract, then wait to complete your paperwork at the NVC. Wait until you have 8-9 months on your contract to send in the visa application. Let it work it's way through the NVC and US Embassy. By the time your husband gets his visa, you should have less than 6 months on your contract.

Edited February 5, 2014 by aaron2020

[Deejunx 1]

so basically she can still file the I-130 while living abroad?

I just called the US Embassy in Jakarta to ask about this specifically earlier today - does the USC need to be in the US to file the I-130, and the answer is YES.

now after you've filed that, i'm not sure if the USC (petitioner/sponsor) can leave the US? I thought there are 2 tracks running in parallel that must be filed with the NVC: I-864 for the USC and DS-3032 and DS-230 for the immigrant? please correct me if i'm wrong. i'm just going by this:

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

[aaron2020 11,651]

so basically she can still file the I-130 while living abroad? YES,

I just called the US Embassy in Jakarta to ask about this specifically earlier today - does the USC need to be in the US to file the I-130, and the answer is YES. BAD INFORMATION. JUST PLAIN WRONG.

now after you've filed that, i'm not sure if the USC (petitioner/sponsor) can leave the US? I thought there are 2 tracks running in parallel that must be filed with the NVC: I-864 for the USC and DS-3032 and DS-230 for the immigrant? please correct me if i'm wrong. i'm just going by this:

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

You are getting bad information.

Plenty of people have filed I-130s from overseas. There is no requirement that the petitioner must be in the US at the time the I-130 is filed. If there was such a silly requirement, then people would not be able to file the I-130 while living abroad for a Direct Consular Filing.

The ONLY requirement is that the petitioner must enter the US before or at the same time as the beneficiary. (See the I-864.)

Edited February 5, 2014 by aaron2020

[Deejunx 1]

You are getting bad information.

Plenty of people have filed I-130s from overseas. There is no requirement that the petitioner must be in the US at the time the I-130 is filed. If there was such a silly requirement, then people would not be able to file the I-130 while living abroad for a Direct Consular Filing.

The ONLY requirement is that the petitioner must enter the US before or at the same time as the beneficiary. (See the I-864.)

wow, thanks for clarifying. i'm surprised that the embassy gave me incorrect information.

fyi, the embassy in Jakarta is not eligible for Direct Consular Filing because Indonesia isn't in the USCIS list where it has international lockbox field offices, which you can see that list here.

since you mentioned that the petitioner can live abroad while filing the I-130, how will the petitioner be the sponsor to fulfill the requirements for the I-864? Here's a FAQ excerpt from travel.state.gov regarding the I-864

Does the NVC review Affidavit of Support forms for petitions filed at a post (embassy or consulate) abroad?

No, the NVC reviews only Affidavit of Support forms for petitions filed in the United States with United States Citizenship and Immigration Services (USCIS).

source: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

with that being said and from the previous source, the USC/petitioner must maintain its domicile and can still prove residency/ties to the United States while being abroad in the temporary basis.. but then, that statement clashes with the FAQ where you can't file the I-864 abroad.

also with this statement from I-864 website:

"Fees: There is no fee when filed with USCIS or abroad with the Department of State (DOS). DOS does charge a fee when this form is filed in the U.S. For more information, please visit the Department of State website."

[aaron2020 11,651]

The petitioner can meet the I-864 from abroad with assets and income that will continue after returning to the US.

There is also the option to use a Joint Sponsor for the I-864.

The domicile issue is taken care with showing an intent to reestablish the domicile before or at the same time when entering the US with the immigrant.

[laurie11278 3]

Thank you so much for your help. I really appreciate it.

Thank you so much for your help. I really appreciate it.

[aaron2020 11,651]

Ah crud.

Your husband is from UAE.

You have to consider that he may be put into AP.

There is no way to time this if he gets put into AP which would take him out of ordinary processing time for a spousal visa.

[laurie11278 3]

I did suspect- based on "trends"- that he could very well be put into AP. I actually thought that this may not play too much of a factor if my contract is for two years. I haven't seen many cases of AP lasting longer than 2-3 months. Therefore, I wonder if this could still somehow be timed. Perhaps the worse case scenario is that I would come back to the states before him?

[aaron2020 11,651]

Unfortunately, there is no way to time AP.