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DeathRaaki

I-130 Application in Process, Working Abroad

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Hi Everyone,

I will need your advise.

I applied for I-130 in August. My application was received and now they sent me a letter for RFE.

We are following up the application as normal and going with the process.

The issue is that my wife is in UAE now and found a job. Her working and paying taxes (US taxes as the new law by IRS) in the UAE.

Will this effect my application for I-130 ? As we both want to move back to US and settle there.

Thank you.


31-03-2013 Got married
15-08-2014 I-130 sent
19-08-2014 NOA 1
19-11-2014 I-130 Approved
26-01-2015 Received DS-261/AOS Bill
02-02-2015 Paid AOS fee
15-03-2015 Paid IV fee
17-03-2015 Package sent to NVC
23-03-2015 Package received at NVC
24-03-2015 DS 260 submitted online
25-03-2015 Confirmation email received from NVC
21-04-2015 Received Checklist
27-04-2015 Checklist documents sent to NVC
06-06-2015 Received email for case approval

26-08-2015 Interview scheduled for 22nd Sep 2015

22-09-2015 Visa Approved

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Hi, are you the beneficiary? or the petitioner? If wife is beneficiary, that's not a problem, if she is petitioning for you, then she needs to be resident in the US, and have proof of how she can support you in the US. Not sure if there's a work around, but I'm sure @NLR or someone will help! :)

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Hi, are you the beneficiary? or the petitioner? If wife is beneficiary, that's not a problem, if she is petitioning for you, then she needs to be resident in the US, and have proof of how she can support you in the US. Not sure if there's a work around, but I'm sure @NLR or someone will help! :)

My wife is a US citizen and I am the beneficiary. She is petitioning for me.

My only concern is that if she has started working outside the USA will that be a problem in our case ?


31-03-2013 Got married
15-08-2014 I-130 sent
19-08-2014 NOA 1
19-11-2014 I-130 Approved
26-01-2015 Received DS-261/AOS Bill
02-02-2015 Paid AOS fee
15-03-2015 Paid IV fee
17-03-2015 Package sent to NVC
23-03-2015 Package received at NVC
24-03-2015 DS 260 submitted online
25-03-2015 Confirmation email received from NVC
21-04-2015 Received Checklist
27-04-2015 Checklist documents sent to NVC
06-06-2015 Received email for case approval

26-08-2015 Interview scheduled for 22nd Sep 2015

22-09-2015 Visa Approved

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Filed: IR-1/CR-1 Visa Country: Namibia
Timeline

The USC is allowed to be residing abroad but must just show intent to re-establish domicile in the United States, for which there are many options including keeping a U.S. bank account, voter registration, vehicle, showing proof of seeking employment in the U.S. etc. etc. . . . there are plenty of us petitioners who live abroad at the time of submitting an I-130.


06.21.13 : Met in Namibia


06.21.14 : Married in Namibia (L)


USCIS


  • 10.11.14 : Submitted I-130 via DHL from Namibia to Chicago Lockbox
  • 10.15.14 : Petition Received (according to online case status)
  • 10.20.14 : NOA1 (received initially via e-mail); Case Transferred to California Service Center
  • 10.31.14 : NOA2 (received initially via e-mail); Case Transferred to NVC (11 days from NOA1)

NVC


  • 12.11.14 : Case # and IIN # received from NVC via e-mail
  • 12.11.14 : DS-261 Choice of Agent Form Generated (notified via e-mail) & Submitted
  • 12.11.14 : AOS Fee Invoice Generated (notified via e-mail)
  • 12.24.14 : AOS Fee Paid
  • 01.13.15 : IV Fee Invoice Generated (notified via e-mail)
  • 01.24.15 : IV Fee Paid

*** Intentionally Delayed Further Submission ***


  • 09.26.15 : DS-260 Submitted
  • 10.20.15 : AOS & IV Packages Submitted
  • 10.22.15: AOS & IV Packages Received by NVC (scan date)
  • 12.2.15: Cased Closed at NVC - Received Interview Date for January 14

EMBASSY


  • 12.18.15: Medical Completed in Johannesburg

*** Intentionally Delayed Interview ***


  • 01.20.16: New Interview Date Scheduled for March 17
  • 03.14.16 & 03.15.16: New Medical Completed (First one would expire before our preferred date of entry!)
  • 03.17.16 Interview in Johannesburg - successful!
  • 04.02.16 Visa received (Expires 9/14/16)
  • 07.11.16 USCIS ELIS fee paid
  • 08.26.16 Date of Entry (POE Boston)

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Your wife working abroad won't be a problem except for the I-864. By that time she either needs to have a job that will continue after immigration, a job in the USA that makes enough for the poverty guidelines, or a joint sponsor. Also she will need to establish that she is reestablishing her domicile in the USA.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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