USC Living Abroad filing I-130 & bad experience with preparer who has sowed doubt

[_Dash_ 0]

Hello all, Ive just joined and started a timeline. Im in the pre I-130 stage and have a couple questions.  My wife and I were married in Mexico and we will be going for Consular Processing in Juarez when the time comes. 

 

Specifics:

Me: Petitioner, USC, retired, currently residing in Mexico with my wife. Its a border town with very easy access to US, and I maintain a US mailing address as well as all other financial close ties, including ownership of a rental house.

 

Spouse: Mexican citizen, with no work/financial ties in US (other than a new-ish joint bank acct.).   Has a long history of B2 visas and holds a current B2 visa (issued 2024) and has Sentri approval (for what that's worth) 

 

We have been together since 2015 and have no children, police records, overstayed visas, or any other complicating issue, so I feel like I could do this process myself.  However, my Wife is understandably concerned about the process and in the interest of marital bliss, I went to interview with a person who prepares visa packages.

 

When I mentioned to her that my current physical address is in Mexico, she immediately stated that I couldnt do that and if I didnt have a US address on the I-130, that it would be rejected.  I felt sure that this wasnt accurate but just in case there was some mis-communication, I stated that I know I would need to put a US address in the Part 4, q.12a regarding the address where the Beneficiary INTENDS to live, but that I didnt need it for current physical address.  

When I explained I owned a rental house, she said I should use that address. When I explained that the tenants paid all rent and utilities and that I wouldnt have the gold-standard utility receipt with my name on it, she said I would need to create a lease document showing I could still live there by occupying some room or other part of the property.  (Do what , now??)

 

At this point I ended the interview.  I am absolutely not going lie on any form in this process.   Now, do I know with an absolute certainty that we will move to my rental house when the time comes?  No.  We may choose another place.  But it is a viable option and I dont think it would be deceitful to list that address in the "Intent" question listed above, as it is the current default.

 

My questions are: 

Is there any prohibition about starting the I-130 process while temporarily living with my wife in Mexico while the process plays out?  Would it be advisable in the additional info section at the end to state that I am living abroad temporarily during the process and note my option of moving back to live in my rental house, or, would the fact that I already listed it under Part 4, 12a, Beneficiary Intent, remove the need for that?

 

PS. I know, that in the post-NVC, Pre-Interview timeframe that I would have to have the US address locked down with adequate proof (utilities or lease agreements).

 

Thank you.

 

[mam521 2,986]

Welcome to the forum.  You've landed in the correct place - we're all about DIY.  If you search the "Guides" tab at the top, you'll find what you need.  If there's nothing exotic about you or your spouse's past histories, then there's no reason you can't successfully navigate the immigration process yourself.  

 

You can file the I-130 while living in MX.  The big thing will be once it's approved and you move onto the next phase of the process where you'll have to prove domicile.  That's a hot minute down the road.  I wouldn't mention anything about the rental house.  It's not relevant at this time.  The I-130 is essentially a character petition - USCIS are checking backgrounds for criminality and verifying whether or not you and your spouse fit into the honorable, not a menace to society bucket.  

[_Dash_ 0]

11 minutes ago, mam521 said:

  I wouldn't mention anything about the rental house.

Thanks for the confirmation.  

Regarding what you said about the rental house, would it still be okay to use the address in the "Where does the Beneficiary Intend to live" question?  Because without any other definitive address, I could only put "To Be Determined Later", which doesnt sound that great...

 

Thanks again!

[mam521 2,986]

4 minutes ago, _Dash_ said:

Thanks for the confirmation.  

Regarding what you said about the rental house, would it still be okay to use the address in the "Where does the Beneficiary Intend to live" question?  Because without any other definitive address, I could only put "To Be Determined Later", which doesnt sound that great...

 

Thanks again!

Yes, you can. Yeah, the house is rented, but you're looking at more than a year before she can move.  Having the house leased if you're living in MX isn't that unusual.  

 

USCIS and the DoS are well aware that things can change.  It's more that they want to know your spouse is actually going to physically move and reside in the US, not play the border jumping game.