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Bostoneer

continue with I-130 or I-129? cannot provide US domicile

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I'm an US citizen living abroad for 20 years, I've been married to a non-US for 13 years and I have an 11 years old US citizen son from my non-US spouse. We intend to relocate in the US permanently. I've applied for I-130, and received I-797C. Currently waiting for approval from USCIS. For the next steps I'll need to file DS 260, where my problem lies. I cannot provide an US domicile What I need to clarify is, shall I continue my petition with I-129 F which does not require US domicile as far as I have understood. Or if to continue with DS-260, in case my wife can provide adequate assets, does she still need my affidavit of support.

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You say you are married for 13 years, therefore you CANNOT file for the I-129F.  


USCIS

Married: 08/12/2016

I-130 sent: 08/16/2016

NOA1: 08/18/2016

Received email 09/19/2016 that I-130 was approved 09/17/2016.

On 09/21/2016, I-130 approval date changed to 09/19/2016.

I-130 approved: 09/19/2016

Received hard copy NOA2: 09/23/2016

Sent to NVC: 10/11/2016 No text or email from USCIS. Had to log into USCIS account to find out.

NVC

NVC Received: 10/18/2016

Case # and IIN#: 10/27/2016

Choice of Agent -DS-261: 10/27/2016

AOS Fee Invoiced: 10/29/2016

AOS Fee Paid: 10/29/2016

DS-261 reviewed over the phone: 10/31/2016

IV Fee Invoiced: 11/02/2016

IV Fee Paid: 11/02/2016

DS-260 Completed: 11/04/2016

Sent AOS & IV Package: 11/03/2016

Scan Date: 11/07/2016

RFE: 11/09/2016 (NVC wants I-864 instead of I-864EZ)

RFE Response Submittal: 11/09/2016

Case Complete by phone call: 11/10/2016

Case Complete by email: 11/18/2016

Interview Appointment letter by email: 12/01/2016

Left NVC: 12/02/2016

Embassy

Case Ready at Embassy: 12/05/2016

Case Ready and "touched" at Embassy" 12/16/2016

Medical Date: 12/21/2016 Sputum testing required so this sets us back at least a few months.

Interview Date: 01/04/2017  Interview went well.  We are in "administrative Processing" until negative Sputum Test result is received in March.  The consulate will then issue the Immigrant Visa. So there is nothing further for us to do.  We agreed to have the consulate cancel My wife's B1/B2 visa from an older passport and it was stamped "cancelled without prejudice".  We did this now so she would not have to go back to the consulate to have it done later.

Visa Issued:  03/07/2017

Visa in Hand: 03/08/2017

POE:  03/29/2017 Charlotte, NC  Processed quickly at airport (about 20 minutes with CBP) and was not even asked any questions.

Social Security Card:  Received 04/07/2017 (processed through CBP at POE)

Green Card Issued:  4/19/2017

 

Removal of Conditions

File ROC (I-751):  eligible 12/29/2018

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if you are married you CAN NOT file 129f

 

you will have to make steps to establish domicile.

 

You will be her sponsor and will also have to meet income guidelines. Unless her employment will continue AFTER you move here, you can not adjust based on her income.

 

That means, you will have to find a US job or get a co sponsor.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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thanks for the answers, I'd presumed I could apply as a K3 visa regarding below item

I-129F, Petition for Alien Fiancé(e)

Use this to petition to bring your fiancé(e) (K-1) and that person’s children (K-2) to the U.S. for marriage to you, or to bring your spouse (K-3) and that person’s children (K-4) to the U.S. to apply for lawful permanent resident status.

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K-3 are basically obsolete for several years now.  If you submit for a K-3, it will likely be changed to an IR-1 visa.


USCIS

Married: 08/12/2016

I-130 sent: 08/16/2016

NOA1: 08/18/2016

Received email 09/19/2016 that I-130 was approved 09/17/2016.

On 09/21/2016, I-130 approval date changed to 09/19/2016.

I-130 approved: 09/19/2016

Received hard copy NOA2: 09/23/2016

Sent to NVC: 10/11/2016 No text or email from USCIS. Had to log into USCIS account to find out.

NVC

NVC Received: 10/18/2016

Case # and IIN#: 10/27/2016

Choice of Agent -DS-261: 10/27/2016

AOS Fee Invoiced: 10/29/2016

AOS Fee Paid: 10/29/2016

DS-261 reviewed over the phone: 10/31/2016

IV Fee Invoiced: 11/02/2016

IV Fee Paid: 11/02/2016

DS-260 Completed: 11/04/2016

Sent AOS & IV Package: 11/03/2016

Scan Date: 11/07/2016

RFE: 11/09/2016 (NVC wants I-864 instead of I-864EZ)

RFE Response Submittal: 11/09/2016

Case Complete by phone call: 11/10/2016

Case Complete by email: 11/18/2016

Interview Appointment letter by email: 12/01/2016

Left NVC: 12/02/2016

Embassy

Case Ready at Embassy: 12/05/2016

Case Ready and "touched" at Embassy" 12/16/2016

Medical Date: 12/21/2016 Sputum testing required so this sets us back at least a few months.

Interview Date: 01/04/2017  Interview went well.  We are in "administrative Processing" until negative Sputum Test result is received in March.  The consulate will then issue the Immigrant Visa. So there is nothing further for us to do.  We agreed to have the consulate cancel My wife's B1/B2 visa from an older passport and it was stamped "cancelled without prejudice".  We did this now so she would not have to go back to the consulate to have it done later.

Visa Issued:  03/07/2017

Visa in Hand: 03/08/2017

POE:  03/29/2017 Charlotte, NC  Processed quickly at airport (about 20 minutes with CBP) and was not even asked any questions.

Social Security Card:  Received 04/07/2017 (processed through CBP at POE)

Green Card Issued:  4/19/2017

 

Removal of Conditions

File ROC (I-751):  eligible 12/29/2018

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1 hour ago, Bostoneer said:

I'm an US citizen living abroad for 20 years, I've been married to a non-US for 13 years and I have an 11 years old US citizen son from my non-US spouse. We intend to relocate in the US permanently. I've applied for I-130, and received I-797C. Currently waiting for approval from USCIS. For the next steps I'll need to file DS 260, where my problem lies. I cannot provide an US domicile What I need to clarify is, shall I continue my petition with I-129 F which does not require US domicile as far as I have understood. Or if to continue with DS-260, in case my wife can provide adequate assets, does she still need my affidavit of support.

You can not file an I-129F.  With an approved I-130 for a IR-1, you will not qualify for a K-3.  You must continue with the DS-260.  You will need to file an I-864.  You will need to meet the US domicile requirement.  

Have you been filing US tax returns?

 

Do you have a Joint Sponsor lined up?

 

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K3 is oboslete plus youre past the stage where you could have tried.  The k3 only continues if the I-129F makes it to the NVC before the I-130. 


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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