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Mikk

Can a petitioner leave the country?

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Posted (edited)

Is it ok for the petitioner to leave the country in which he filed I-130 for a spouse after couple of months? Or he should remain in the country for the whole process?

If he will return back to US to, let's say, live with his parents and search for a job until the beneficiary be able to come, does the petitioner need to notify embassy about change of address?

Edited by Mikk

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34 minutes ago, Mikk said:

Is it ok for the petitioner to leave the country in which he filed I-130 for a spouse after couple of months? Or he should remain in the country for the whole process?

If he will return back to US to, let's say, live with his parents and search for a job until the beneficiary be able to come, does the petitioner need to notify embassy about change of address?

it is not needed to stay the entire time you can leave, however keep in mind you must pass the income requirement or get a co sponsor. Many stay and continue working so they will not need a co/joint sponsor. 

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Posted (edited)

Keep in mind that we applied abroad through DCF. Petitioner must be a resident of a country in which he applies for DCF. That's why I'm asking. Petitioner is a resident right now, but planning to leave, and maybe lose residency status after initial application.

Edited by Mikk

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11 minutes ago, Mikk said:

Keep in mind that we applied abroad through DCF. Petitioner must be a resident of a country in which he applies for DCF. That's why I'm asking. Petitioner is a resident right now, but planning to leave, and maybe lose residency status after initial application.

awww well that is different then, I am sorry I can't help, I do know that the USC spouse does not have to go with the beneficiary to the interview.

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1 hour ago, Mikk said:

Keep in mind that we applied abroad through DCF. Petitioner must be a resident of a country in which he applies for DCF. That's why I'm asking. Petitioner is a resident right now, but planning to leave, and maybe lose residency status after initial application.

As long as you were physically present and a resident of that country then there is no issue in moving back to the USA halfway through the process in order to establish residency in the USA. 

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Yes you can leave after you file DCF.  Wait until you get the NOA2 which is really a more of a case complete email / letter.  We got ours the next business day.  We DCF'd in Ciudad Juarez.

 

I would recommend hand delivering your petition if at all possible.  You go online and  request an infopass appointment with USCIS.  They will review all the documents in front of you.  Usually only the petitioner can attend. Some posts allow the beneficiary to come.

 

The petitioner  can even move back to the US to establish your domicile and work so you won't need a joint sponsor.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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