Any advantage to mailing from overseas if you don't live overseas?

[redbeard 22]

I am just curious after reading about this supposed "auto expedite" that some couples who file from overseas seem to get. I live in the US, but my wife lives right over the border in Canada. Is there any reason we couldn't just mail everything using our address at her place? Would it potentially even help? Would anybody even know or care that I don't live there, but just visit often?

[Ms Hogan 295]

You aren't a resident of Canada. You'd be lying.

ETA: When petitioners are filing from abroad they also then have to prove domicile in America. I think you may be making more work for yourself in the end and not have anything go any faster anyway.

Just file and get it going.

Edited February 27, 2015 by Ms Hogan

[canadian_wife 1,791]

Agreed -- your info on the forms clearly state that you are domiciled in the US - therefore there is no advantage (as possibly more headaches) if you file from Canada

good luck

[redbeard 22]

Ok. As far as lying?!?! I would never lie and say I lived there. My address on the I-130 and all accompanying forms would have my accurate address in the states. My question was simply if mailing from abroad, would help. I'm going to be up there this week putting all the paperwork together anyways. It would not be dishonest at all to simply mail it while I was there.

[Kels2487 96]

It is auto expedited based off the petitioner's address (if it is listed as an address abroad on the I-130). So the actual physical place where you place it in the mail won't help in anyway. Hope you the speediest of processes, good luck!

[dburnt 59]

I believe that what you are asking is if there is any "triage" done in the USCIS mailroom based on where mail is posted (for example, would a stamp from the Philippines automatically get the envelope processed quicker).

In any case, even if that were true, Canada is not one of those places - that type of expedite is based on turmoil in that country (i.e. the typhoon, war-torn, etc.). Sadly, just being really cold (at least right now) won't do it. ;-)

[Ms Hogan 295]

Ok. As far as lying?!?! I would never lie and say I lived there. My address on the I-130 and all accompanying forms would have my accurate address in the states. My question was simply if mailing from abroad, would help. I'm going to be up there this week putting all the paperwork together anyways. It would not be dishonest at all to simply mail it while I was there.

Fair enough. I figured you were going to use her address as your own on the form which is the only way it would qualify as you filing from abroad. It doesn't matter where you actually mail it from. I wrongly assumed you would know that's how you'd have to fill out the form in order to be "abroad" on paper.

It doesn't matter where you send it FROM... it just matters what is on the form for your information. That's how they'll determine your information as the petitioner. That's why I was concerned about you being regarded as lying on the form. I thought you were using her address details as your own.

So again, it doesn't matter where you send it from. I sent mine from FedEx in Canada (my husband is the petitioner) and it didn't make any difference.

It takes time. Take the extra precautions now to be sure you haven't missed anything on your form and that everything you need is there. The best effort you can make is to control the accuracy of what you send. Make it easy for the person on the receiving end to look at your case. Good luck!

[redbeard 22]

Thanks for the advice. I am not trying to "cheat" the process in any way. Just for arguments sake though, would it be considered dishonest to put "our" address in Canada on the I-130 if I made sure to list my US address as my present residence on the G325A? I'm just in a kind of gray area here I think. I usually spend 2-3 days a week in Canada and return back to the US for four days a week for work and to my US residence...EVERY WEEK. I keep a travel log, and am careful to never spend more time north than I do south, but I spend a lot of time at our place in Canada. The I-130 does not specify in the ADDRESS section whether it wants physical or mailing address. Why can't I use the BC address as my mailing address? I want to work within the rules and law absolutely, but do feel like I'm in a gray area here.

Fair enough. I figured you were going to use her address as your own on the form which is the only way it would qualify as you filing from abroad. It doesn't matter where you actually mail it from. I wrongly assumed you would know that's how you'd have to fill out the form in order to be "abroad" on paper.

It doesn't matter where you send it FROM... it just matters what is on the form for your information. That's how they'll determine your information as the petitioner. That's why I was concerned about you being regarded as lying on the form. I thought you were using her address details as your own.

So again, it doesn't matter where you send it from. I sent mine from FedEx in Canada (my husband is the petitioner) and it didn't make any difference.

It takes time. Take the extra precautions now to be sure you haven't missed anything on your form and that everything you need is there. The best effort you can make is to control the accuracy of what you send. Make it easy for the person on the receiving end to look at your case. Good luck!

[NikLR 13,220]

Are you a resident of Canada or visiting? If you're a resident then put that address, of you are not then you put your US address. There is no grey area.

[Ms Hogan 295]

Are you a resident of Canada or visiting? If you're a resident then put that address, of you are not then you put your US address. There is no grey area.

That's about it. There is no grey area here as you suggested, redbeard. You either are a resident of Canada and filing abroad or you are a resident in America.

Thanks for the advice. I am not trying to "cheat" the process in any way. Just for arguments sake though, would it be considered dishonest to put "our" address in Canada on the I-130 if I made sure to list my US address as my present residence on the G325A? I'm just in a kind of gray area here I think. I usually spend 2-3 days a week in Canada and return back to the US for four days a week for work and to my US residence...EVERY WEEK. I keep a travel log, and am careful to never spend more time north than I do south, but I spend a lot of time at our place in Canada. The I-130 does not specify in the ADDRESS section whether it wants physical or mailing address. Why can't I use the BC address as my mailing address? I want to work within the rules and law absolutely, but do feel like I'm in a gray area here.

It's not about cheating but you are a resident of one place or the other. Not both. Can't be both. End of discussion. You can't file from abroad if you don't actually live abroad. And it really won't make much of a difference anyway. But if you were to establish residence in BC then you'd have to go through extra steps later to prove domicile back in America... I think I mentioned that before.

Just get your filing done. Use your address in America as your residence since that is where you residence is.

[redbeard 22]

Are you a resident of Canada or visiting? If you're a resident then put that address, of you are not then you put your US address. There is no grey area.

Well there are plenty of people who have posted in the big thread below who say they filed from abroad "living" there on TOURIST visas who were given expedited processing. I don't see how my case is so much more cut and dry than theirs.

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[redbeard 22]

Anyways...I'm not going to beat a dead horse. I'm not looking to cause any trouble with our filing.

[NikLR 13,220]

Well there are plenty of people who have posted in the big thread below who say they filed from abroad "living" there on TOURIST visas who were given expedited processing. I don't see how my case is so much more cut and dry than theirs.

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Please point out the posts. 43 pages.. i went through 5 and only 2 said they were not in the country legally, one was a typo and I think the other was a copy/paste error.

[redbeard 22]

Will work through them after work, but just found one on page six. Member Pam_Ellis, filed using a Brazilian address while there on an EXPIRED tourist visa. NOA1 to NOA2...10 days.

[NikLR 13,220]

Well that's nice... someone did something to cheat the system. Lovely.

You're not a Canadian resident and it would be against the TOS for me to suggest you do anything illegal, which IMHO, this likely is as you'd be falsifying a government document. So to put down a Canadian mailing address or home address, when you do not live in Canada, is in fact, at least in my opinion, misrepresentation and is thus illegal.

However, since I'm not a lawyer or moderator, I'll ask the powers that be what they think.

Have a nice day!

Edited March 1, 2015 by NLR