Third country national and I130

[vrao 0]

Hey guys,

I am a US citizen working in Canada on a temporary assignment and will be back in the states in 2016. My wife is an Indian citizen and she currently lives with me in Canada with a temporary resident permit. I am filing my I130 this week to the Chicago lockbox. Would there be any issues with a third country national (my Indian wife living in Canada) and my I130?

Thanks,

Rao

[Ian H. 207]

No. If she is living legally in Canada, I don't see why there would be an issue.

[vrao 0]

Thanks! My I130 packet includes a cover letter, I130 form, fee check, my passport copy, my naturalization certificate copy, my canadian work permit copy, my wife's passport, my wife's canadian temporary resident permit copy, marriage certificate, a letter from my employer stating the temporary assignment in Canada, G325a for me and my wife, passport photos and all other bonafide marriage evidence.

Am I missing anything? Do I need the I864 or any other US domicile evidence?

Oh and my wife's birth certificate too!

[Ian H. 207]

You didn't have to submit all of the other things that weren't required as part of the petition. For example, your wife's birth cert and passport copies, weren't needed. It looks like you submitted everything else that was required though, so that's good.

You don't submit the I-864 or US domicile evidence at this point. This will be needed when the I-130 is approved and you do the visa processing.