Best Option For Petitioner's Address On I-130 And G-325A For Expat Staying Abroad On Tourist Visas

[LouieChuckyMerry 0]

Hello and thank you in advance for any help, I really appreciate it.

My wife is a Brazilian national who's lived and worked in Singapore for the last five years, holding a valid work permit and legally renting a room with the lease in her name.

I'm an American citizen with a permanent address in the U.S. (mom's house) who's worked as a freelance rope access technician in Asia, Africa, and Australia for the last five years, legally staying with my wife, on a tourist visa, between jobs and visits home.

We've finally decided to try and obtain my wife a green card and, after searching and reading and preparing, we're confident that we understand the required steps and are keen to file the I-130 and its attendant G-325A's to get the process started. However, as I've read and reread (and rereread ;-) the forms I find myself uncertain how to properly fill in the spaces pertaining to my address, especially Part C, Question 21 on the I-130, "If filing for your spouse, give last address at which you lived together.", and even more especially the lines on the G-325A "Applicant's residence last five years. List present address first." and "Applicant's last address outside the United States of more than 1 year."

It seems to me that, technically, since I've only stayed in other countries on either a short-term (1 month) work visa or a tourst (1 to 3 months) visa for the last five years, and for no more than 3 months in a row, I should stick to my U.S. address except for Part C, Question 21 on the I-130, "If filing for your spouse, give last address at which you lived together.", as I'm currently in Singapore and will be mailing the forms from here. On the other hand, and practically, I've lived in Singapore for the last five years, spending roughly 40 of those 60 months here, and haven't lived with my mother for 25 years.

To complicate matters, my wife and I have a joint bank account in Singapore that lists her local address.

Please, does anybody with experience have an idea about the best way to fill out the address lines on my forms? I called the USCIS 1-800 number a couple nights ago (13 hour difference) and spoke to a friendly fellow who proceeded to recite a disclaimer then explain to me that he can't tell me what to put on any of the lines on any of the forms because of the legal ramifications. I've nothing to hide, as I've always been within the law wherever I've rested my head for the last five years, but I really want to fill out the forms as honestly as possible so as to avoid delays. Given that my saint-like mother is willing to play intermediary and forward mail to Singapore, sending-receiving correspondence isn't an issue. Also, I've a U.S. bank account so paying the fees isn't a problem.

Thanks again for your time.

[Ryan E 10]

The address you put on the I-130 isn't really that important. The issue will become important when you get to the I-864 and you have to decide Domicile. That is when it becomes important. Do a search in the forum for Domicile to get more details. I also made a post a couple days ago detailing what i did since I'm living abroad 8 years (used foreign address on I-130, just got the visa last week).

[spectrrr 14]

I ran into a similar but much less complex issue filling out my I-130 form. Except I'm on an actual 1 year temp. family visa, less complicated than domicile ramifications of tourist visas. I can't give any advice or experience, since I'm sending in my packet tomorrow.

BUT, one thing I did read here on the forums is that recent anecdotal evidence is seeming to indicate that SOME (not all) of the foreign-based I-130 applications are being unofficially expedited at the USCIS stage. USCIS has not confirmed this officially, its just anecdotal evidence.

Based on that, for the "chance" at faster processing, I changed my original intended course of using a U.S. based PO BOX go between, and instead put only my foreign addresses down.

Originally I didn't want to use the local address because the local mail service is unreliable, but I've since been sucessfull in opening a Mail Boxes Etc. address here, which i anticipate to be reliable enough.

Again, I can't stress enough, I haven't sent my paperwork in yet, and my case is much simpler, so my advice counts for very little. But something to do a little research on and be aware of, if processing time could have a significant impact on your plans.

Edited February 4, 2015 by spectrrr

[LouieChuckyMerry 0]

The address you put on the I-130 isn't really that important. The issue will become important when you get to the I-864 and you have to decide Domicile. That is when it becomes important.

I'd been willfully ignoring the I-864 until your post, and after rereading the form I'm rudely reminded why. Thanks for the timely reminder. My residential-financial history for the last 15 years is rather unconventional, so I should probably try to sort that out before I file the I-130 and G325A's, basically hundred-percenting (or as close as possible) the I-864 in advance. My mother said she'd co-sponsor, which should really help, but trying to explain why I've not held an "official" job in the U.S., let alone filed a tax return, since 2000 should prove interesting. And so much for a life less normal :-) .

spectrrr: thanks for the information, I'll add it to my search pile .

[Ryan E 10]

I'd been willfully ignoring the I-864 until your post, and after rereading the form I'm rudely reminded why. Thanks for the timely reminder. My residential-financial history for the last 15 years is rather unconventional, so I should probably try to sort that out before I file the I-130 and G325A's, basically hundred-percenting (or as close as possible) the I-864 in advance. My mother said she'd co-sponsor, which should really help, but trying to explain why I've not held an "official" job in the U.S., let alone filed a tax return, since 2000 should prove interesting. And so much for a life less normal :-) .

Don't delay the I-130. You'll have plenty of time to get the I-864 figured out. Your I-864 will be a little messy, but here is what you need to do: File your back tax returns. Some people say 3 years, some 7. I don't know. As a USC you are required to report ALL income regardless of where it came from. Note that you should quality for the Foreign Earned Income Exclusion which means you will be exempted from paying income tax on the first ~90K per year. If you are "self-employed" then you will still need to pay the Self-employment tax of ~15%. You are also required to report all foreign bank accounts if you had more than 10K at any time. You might consider an accountant who specializes in Ex-pat taxes. A google search will turn up a number who advertise services for people just like you.

You will not need to demonstrate what you've been doing the last 15 years. The consular officer doesn't really care. You WILL NEED to prove you can meet the financial obligations (your mother as a joint sponsor should take case of this, or enough assets). You WILL NEED at least the most recent tax return or proof you were not required to file (sounds like you were). You WILL NEED to demonstrate that you maintained DOMICILE or will reestablish it.

BUT, one thing I did read here on the forums is that recent anecdotal evidence is seeming to indicate that SOME (not all) of the foreign-based I-130 applications are being unofficially expedited at the USCIS stage. USCIS has not confirmed this officially, its just anecdotal evidence.

How recent? I head this about 2 years ago -- after they cut back the number of places you could DCF. I don't think they "auto-expedite" anymore. I know for sure my case was not expedited despite the foreign address.

[spectrrr 14]

How recent? I head this about 2 years ago -- after they cut back the number of places you could DCF. I don't think they "auto-expedite" anymore. I know for sure my case was not expedited despite the foreign address.

http://www.visajourney.com/forums/topic/526920-how-is-auto-expedite-queue-applied-split-topic/#entry7385235

[LouieChuckyMerry 0]

Don't delay the I-130. You'll have plenty of time to get the I-864 figured out. Your I-864 will be a little messy, but here is what you need to do: File your back tax returns. Some people say 3 years, some 7. I don't know. As a USC you are required to report ALL income regardless of where it came from. Note that you should quality for the Foreign Earned Income Exclusion which means you will be exempted from paying income tax on the first ~90K per year. If you are "self-employed" then you will still need to pay the Self-employment tax of ~15%. You are also required to report all foreign bank accounts if you had more than 10K at any time. You might consider an accountant who specializes in Ex-pat taxes. A google search will turn up a number who advertise services for people just like you.

You will not need to demonstrate what you've been doing the last 15 years. The consular officer doesn't really care. You WILL NEED to prove you can meet the financial obligations (your mother as a joint sponsor should take case of this, or enough assets). You WILL NEED at least the most recent tax return or proof you were not required to file (sounds like you were). You WILL NEED to demonstrate that you maintained DOMICILE or will reestablish it.

Thanks for more sage advice, Ryan E. A quick search found that I'm seemingly eligible for a "streamlined" process with the IRS that will cover the last three years and bring me up-to-date and to good terms. Once I learn the specifics I'll post here in case someone bumps into this thread looking for answers. As for maintaining domicile, I've a credit card and a bank account in the U.S. but unfortunately my drivers license and voter registration have lapsed because I had those in a different state from my mom's house. More searching is necessary...

[Ryan E 10]

Thanks for more sage advice, Ryan E. A quick search found that I'm seemingly eligible for a "streamlined" process with the IRS that will cover the last three years and bring me up-to-date and to good terms. Once I learn the specifics I'll post here in case someone bumps into this thread looking for answers. As for maintaining domicile, I've a credit card and a bank account in the U.S. but unfortunately my drivers license and voter registration have lapsed because I had those in a different state from my mom's house. More searching is necessary...

Sounds like you need to focus on "re-establishing domicile" which typically means job searching/offer and housing. Variations depending on situations.

[LouieChuckyMerry 0]

My mom will let us stay with her until we get settled. From what I've read a letter from her stating this is very helpful, or am I misinformed?

[Ryan E 10]

When looking at the forum read mixed results. It seems to really depend on the consulate, with Canada coming up the most often as making it difficult.

[LouieChuckyMerry 0]

If necessary I'll return to the U.S. first and find a place to live. I find myself contemplating how the journey of a thousand miles begins with a single step, ha ha. I've a several week job starting Tuesday but I'll attack the I-130 upon my return. Thanks again for your support, Ryan E, I really do appreciate it.

[LouieChuckyMerry 0]

I'm finally back and attacking and, as I gather the requirements for my I-130, I've several questions for which I can't find a definitive answer:

1) The back of my birth certificate is blank, do I still need to send a copy of it?

2) Is a copy of my spouse's birth certificate and passport really no longer a requirement (http://www.visajourney.com/content/i130guide1)?

3) What, exactly, is a "certified copy of your certified marriage certificate"?

4) How are documents not in English to be translated (a photocopy with English written next to the foreign language, or what?) and do they need to be translated by a "certified" translator (or can my trilingual Brazilian wife translate them and sign a statement)?

5) How do I label the plastic bags containing the passport sized photos?

I apologize if these questions have been answered and thank you very much for any help.

[Ryan H 3,923]

Answers:

• I sent a copy of the back side of my birth certificate even though it was blank because I didn't want to risk an RFE.
• Foreign spouse's birth certificate and passport is not a requirement for an I-130 submission.
• The document you are given by the issuing authority. Only photocopies need to be submitted to USCIS and the NVC.
• Line by line on a separate sheet of paper. I usually suggest having a third party (such as a friend or family members) sign attestation statements; however, there is no rule that I know of that says you can't translate your own documents and sign the required attestation statement.
• Don't worry about labeling the bag itself, just clip it to the form, USCIS will know what it's for. If you wish, you can mention it in a cover letter that lists the package items.

Edited March 16, 2015 by Ryan H

[LouieChuckyMerry 0]

Answers:

• I sent a copy of the back side of my birth certificate even though it was blank because I didn't want to risk an RFE.
• Foreign spouse's birth certificate and passport is not a requirement for an I-130 submission.
• The document you are given by the issuing authority. Only photocopies need to be submitted to USCIS and the NVC.
• Line by line on a separate sheet of paper. I usually suggest having a third party (such as a friend or family members) sign attestation statements; however, there is no rule that I know of that says you can't translate your own documents and sign the required attestation statement.
• Don't worry about labeling the bag itself, just clip it to the form, USCIS will know what it's for. If you wish, you can mention it in a cover letter that lists the package items.

Hi Ryan, and thanks (again) for your help .

1) My saint-like mother is rescanning my birth certificate to include both the front and back.

2) This is a pleasant surprise, as these were the only documents in need of translation.

3) A simple photocopy of the original marriage certificate is much easier than a notarized copy, more good news.

4) Not necessary now, but will file away for future use (if necessary).

5) Thanks, I'll mention them in the cover letter.

Wow, I might have to buy a lottery ticket today, feeling lucky! Now to triple-100% the I-130 and G-325A's then print-date-sign-copy two full sets of everything required (except the check, ha ha). Ahhh, would you recommend duplicates of the passport sized photos?

[LouieChuckyMerry 0]

najasabe: no offense intended, you should start your own thread to have your question(s) answered .

I've (I think, I hope ;-) a final question before sending my I-130 packet. On my G-325A under "Applicant's employment last five years" I put "Freelance; Asia, Australia, Africa" because I've worked as a freelance rope access-NDT technician in Asia, Australia, and Africa for the last five years; however, each job I've worked is for a company, just not as a full time employee. Perhaps I'm thinking too much, but should I list every individual job, and the company that hired me as a freelancer for that job, I've worked for the last five years? Thanks for the help.