We Just Got Married and Now not sure what to do due to upcoming travel

[jatti 0]

Hello Everyone! I'm super new here and have been lurking in the past few days to read about the process for a Spousal Visa. 

 

I guess I'll start out by letting you guys know what's going on and it'd be awesome if someone could share their experiences or even help point me in the direction where I should go or what I should do. (I apologize if this has been posted before)

 

My husband and I just got married on the 26-July in Calgary, Alberta, Canada in a civil ceremony.  I am a US Citizen by birth and he's an Indian citizen but currently in Canada on a Student Permit (his permit expires Nov-2020).  We're waiting for the Marriage Certificate but I'm heading back home to Kansas City on Monday.  I have read up on the process and know that I need to file the I-130 to start the process.  Here comes the problem,  I am heading to India for a year on August 19 to start a Fashion Design diploma there.  I don't believe 2 and half weeks is enough for me to get all of our documents and proofs together and file as we don't even have the marriage certificate yet.  I really want to get this filed so we can start the long process and not delay being together.  What would you guys suggest?  Am I able to file from India?  If so, what do I need to do? SORRY in advance but I am just so confused! 😢  Any and all advice would be appreciated! ❤️ 

[payxibka 10,044]

5 minutes ago, jatti said:

Hello Everyone! I'm super new here and have been lurking in the past few days to read about the process for a Spousal Visa. 

 

I guess I'll start out by letting you guys know what's going on and it'd be awesome if someone could share their experiences or even help point me in the direction where I should go or what I should do. (I apologize if this has been posted before)

 

My husband and I just got married on the 26-July in Calgary, Alberta, Canada in a civil ceremony.  I am a US Citizen by birth and he's an Indian citizen but currently in Canada on a Student Permit (his permit expires Nov-2020).  We're waiting for the Marriage Certificate but I'm heading back home to Kansas City on Monday.  I have read up on the process and know that I need to file the I-130 to start the process.  Here comes the problem,  I am heading to India for a year on August 19 to start a Fashion Design diploma there.  I don't believe 2 and half weeks is enough for me to get all of our documents and proofs together and file as we don't even have the marriage certificate yet.  I really want to get this filed so we can start the long process and not delay being together.  What would you guys suggest?  Am I able to file from India?  If so, what do I need to do? SORRY in advance but I am just so confused! 😢  Any and all advice would be appreciated! ❤️ 

You can file a petition from abroad 

[Boiler 43,434]

File from India, just will need more stamps.

[LilyJ 1,258]

You can, you will have to send it from India to the lockbox in the US. Keep in mind though, you will want to find a family member or close friend whom you can put down for US mailing address for your notices and receipts to go to. The process is around 12-14 months right now on average

[payxibka 10,044]

2 minutes ago, LilyJ said:

You can, you will have to send it from India to the lockbox in the US. Keep in mind though, you will want to find a family member or close friend whom you can put down for US mailing address for your notices and receipts to go to. The process is around 12-14 months right now on average

Or longer if you need and drag your feet at nvc

[USS_Voyager 1,971]

12 minutes ago, jatti said:

Am I able to file from India? 

You can file from anywhere in the world. You just have to send it to the Lockbox (either Chicago or Phoenix I believe). 

 

It will be 8-12 months for the I-130 to be approved and another 3-5 months to interview. He can interview at the nearest Embassy/Consulate to where he lives. 

[payxibka 10,044]

7 minutes ago, USS_Voyager said:

You can file from anywhere in the world. You just have to send it to the Lockbox (either Chicago or Phoenix I believe). 

 

It will be 8-12 months for the I-130 to be approved and another 3-5 months to interview. He can interview at the nearest Embassy/Consulate to where he lives. 

At the nearest that has an immigrant Visa unit,  in Canada its only Montreal and in India its only Mumbai 

[jatti 0]

2 hours ago, payxibka said:

You can file a petition from abroad 

Thank you so much for the response!! 

 

2 hours ago, Boiler said:

File from India, just will need more stamps.

Thank you! Looks like this is what will happen!! 

 

2 hours ago, LilyJ said:

You can, you will have to send it from India to the lockbox in the US. Keep in mind though, you will want to find a family member or close friend whom you can put down for US mailing address for your notices and receipts to go to. The process is around 12-14 months right now on average

Awesome! Thank you for this. Would this also help get our application routed to another processing center?  I will be giving my home address/my mom stays there. 

2 hours ago, payxibka said:

Or longer if you need and drag your feet at nvc

LOL i hope not

2 hours ago, USS_Voyager said:

You can file from anywhere in the world. You just have to send it to the Lockbox (either Chicago or Phoenix I believe). 

 

It will be 8-12 months for the I-130 to be approved and another 3-5 months to interview. He can interview at the nearest Embassy/Consulate to where he lives. 

Perfect! Thank you so much!  As long as his visa is valid in Canada right? 

2 hours ago, payxibka said:

At the nearest that has an immigrant Visa unit,  in Canada its only Montreal and in India its only Mumbai 

Okay, good! Thank you so much. I appreciate all the help.

[LilyJ 1,258]

Just now, jatti said:

Awesome! Thank you for this. Would this also help get our application routed to another processing center?  I will be giving my home address/my mom stays there. 

Unfortunately seems like petitions aren't really assigned based off where you live/where your mailing address is, no one really knows for sure how they assign petitions to service centers (I've seen people in Maryland get sent all the way to Nebraska instead of just to Potomac), so what address you put won't affect where it goes, it's up in the air pretty much, you won't know for sure where it will be until you get the receipt number

[jatti 0]

1 minute ago, LilyJ said:

Unfortunately seems like petitions aren't really assigned based off where you live/where your mailing address is, no one really knows for sure how they assign petitions to service centers (I've seen people in Maryland get sent all the way to Nebraska instead of just to Potomac), so what address you put won't affect where it goes, it's up in the air pretty much, you won't know for sure where it will be until you get the receipt number

 

Thank you! This makes more sense now.  I appreciate the insight. 😃

[pushbrk 12,109]

Note, if you send the petition package from abroad, use DHL or FedEx, etc. and the courier delivery address in Chicago.  The foreign spouse will interview either in the country where they live, (Canada/Montreal) or country of citizenship, (India/Mumbai).

[HRQX 4,145]

10 hours ago, USS_Voyager said:

You just have to send it to the Lockbox (either Chicago or Phoenix I believe).

Looks like Chicago in OP's case: https://www.uscis.gov/i-130-addresses

[geowrian 22,335]

8 hours ago, LilyJ said:

Unfortunately seems like petitions aren't really assigned based off where you live/where your mailing address is, no one really knows for sure how they assign petitions to service centers (I've seen people in Maryland get sent all the way to Nebraska instead of just to Potomac), so what address you put won't affect where it goes, it's up in the air pretty much, you won't know for sure where it will be until you get the receipt number

Simple reason is there is no need for the closest service center to handle the I-130. Unless an interview is required (very rare for a standalone I-130) - in which case it is transferred to a local USCIS field office - where the petition is processed relative to the petitioner's address has no bearing on the process.

[SalishSea 16,770]

You’ll also want to read up on establishing domicile and qualifying to sponsor an immigrant for when that time comes.

[jatti 0]

17 hours ago, pushbrk said:

Note, if you send the petition package from abroad, use DHL or FedEx, etc. and the courier delivery address in Chicago.  The foreign spouse will interview either in the country where they live, (Canada/Montreal) or country of citizenship, (India/Mumbai).

Thank you! We're hoping it's Canada so he doesn't have to fly back home for an interview.

 

14 hours ago, HRQX said:

Looks like Chicago in OP's case: https://www.uscis.gov/i-130-addresses

Thank you!!!!

 

13 hours ago, geowrian said:

Simple reason is there is no need for the closest service center to handle the I-130. Unless an interview is required (very rare for a standalone I-130) - in which case it is transferred to a local USCIS field office - where the petition is processed relative to the petitioner's address has no bearing on the process.

That makes sense!

 

12 hours ago, Jorgedig said:

You’ll also want to read up on establishing domicile and qualifying to sponsor an immigrant for when that time comes.

Thanks for this! Would I still have to establish domicile if I'm filing taxes and also visiting home every couple of months? My home and address is always going to be in Kansas.