Filing for k-3 if out of the US?

[wowswift 3]

I have asked several people, one person said talk to a lawyer, one said they were able to do it the way I want too, and most others don't know or have the wrong information, but here goes the question anyways.

I am a US citizen and I am living with my boyfriend in Canada currently. Obviously, we will get married before I start filing everything, but I was wondering if I can do this while staying here? As I said, most people said no, but I read on the instructions for the I-130 form, that I can send it from Canada. Basically want to do it this way so we don't have to be seperated when we start the process and since he basically finacially supports me at this point (I am not legal in Canada) this would be the best option since again, we don't want to be apart, and just seems easier this way.

The whole situation was quite confussing, but I think I am pretty sure that I can do this from Canada, and wonder if anyone else has done it, and if I am actually able to do it from here. The person I know who did almost the same thing before, did it years ago, and I'm not sure how much things have changed.

This is what it says (from the USCIS.gov site for I-130):

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for those in Quebec City. If you reside elsewhere outside the United States. file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live. For further information, contact the nearest American Embassy or Consulate.

Also, on the I-129F it has an option for if not currently in the US...

just wondering, any help or advise would be great.

Thanks

[supernova 0]

I have asked several people, one person said talk to a lawyer, one said they were able to do it the way I want too, and most others don't know or have the wrong information, but here goes the question anyways.

I am a US citizen and I am living with my boyfriend in Canada currently. Obviously, we will get married before I start filing everything, but I was wondering if I can do this while staying here? As I said, most people said no, but I read on the instructions for the I-130 form, that I can send it from Canada. Basically want to do it this way so we don't have to be seperated when we start the process and since he basically finacially supports me at this point (I am not legal in Canada) this would be the best option since again, we don't want to be apart, and just seems easier this way.

The whole situation was quite confussing, but I think I am pretty sure that I can do this from Canada, and wonder if anyone else has done it, and if I am actually able to do it from here. The person I know who did almost the same thing before, did it years ago, and I'm not sure how much things have changed.

This is what it says (from the USCIS.gov site for I-130):

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for those in Quebec City. If you reside elsewhere outside the United States. file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live. For further information, contact the nearest American Embassy or Consulate.

Also, on the I-129F it has an option for if not currently in the US...

just wondering, any help or advise would be great.

Thanks

I want to tell you that my husband ( us citizen) lives with me in Brasil since Dezember last year and we just got our I-130 and I129F approved a few days ago.

I have nerver heard that an us citizen could not apply when living abroad.

I am going to search for this information too I am worried now !

TKS !!

[YuAndDan 153]

You can file for K-3 while out of country, just file it using your US domicile address.

But consider the K-3 carefully, it is expensive, and the intendending immigrant has to wait up to 90 days to get an EAD card allowing work, adjusting status from K-3 costs $1010.

Consider just going CR-1, it generates a green-card upon entry, allowing work, and no status to adjust from.

CR-1 can be applied for 2 ways, one is by filing just the I-130 to USCIS in the USA, or the other is directly to the consulate that has jurisdiction over where you are in the foreign country, (You need to have been resident in the consular district more than 6 months)

Compare CR-1 to K-3 for your country, you will see that CR-1 takes just a little more time to get.

[wowswift 3]

Yeah, I just read some things about the CR-1 visa recently and will probably look into that too. As far as him working, I am not too worried about that too, since he can play poker online lolol (how we met actually).

My problem is I sort of don't have a domicle addy anymore. I left me long term boyfriend in the US and just moved up here. Which is why I am worried.

But it looks like supernova's husband was able to do it. And I didn't mean to worry, it looks like your stuff got approved. Did he use the address in Brazil? If he is military, I think it was different because they're allowed to do everything overseas.

btw, thanks for quick replies.

[YuAndDan 153]

Yeah, I just read some things about the CR-1 visa recently and will probably look into that too. As far as him working, I am not too worried about that too, since he can play poker online lolol (how we met actually).

My problem is I sort of don't have a domicle addy anymore. I left me long term boyfriend in the US and just moved up here. Which is why I am worried.

But it looks like supernova's husband was able to do it. And I didn't mean to worry, it looks like your stuff got approved. Did he use the address in Brazil? If he is military, I think it was different because they're allowed to do everything overseas.

btw, thanks for quick replies.

In any case I would be looking at CR-1 through DCF it is the fastest process, then start working on re-establishing your US Domicile.

If you have not filed IRS returns, get them filed late, there is no penalty, and you don't pay taxes on foreign income.

For CR-1 you need to provide an I-864, and the I-864 requires 2 things, US Domicile, and IRS Return data. Many do it this way and have o problems.

Also if married more than 2 years, the visa type will be IR-1 which results in a 10 year green-card without conditions.

[wowswift 3]

see, we havn't gotten married yet. and i havn't worked in years because I didn't have to before either. i don't think that the CR-1/ or IR-1 are going to be an option. I could use my former US address in Texas, but my ex lives there, and I think that would look way worse. And as for sponsering, I was going to use my mother since I havn't worked since 2004

[wowswift 3]

ok, so I see where it starts stating that i need a domicile and that is for the I-864 or the I-134

http://ait.org.tw/en/visa/iv/docs/Domicile.pdf

and also this

Domicile

Q: Can a U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States be a sponsor?

A. No. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

Q: If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

A: No. The INS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

ref: http://www.immigration.com/I-864/affidavit.html

how bad would it be if I used my mother's address since like I said, my actual old residence is with my ex in Texas, and we were going to use my mother's address for where we planned to live.

[YuAndDan 153]

ok, so I see where it starts stating that i need a domicile and that is for the I-864 or the I-134

http://ait.org.tw/en/visa/iv/docs/Domicile.pdf

and also this

Domicile

Q: Can a U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States be a sponsor?

A. No. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

Q: If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

A: No. The INS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

ref: http://www.immigration.com/I-864/affidavit.html

how bad would it be if I used my mother's address since like I said, my actual old residence is with my ex in Texas, and we were going to use my mother's address for where we planned to live.

Actually many do this, and also start getting mail sent there. This will start the ball rolling on re-establishing domicile.

[wowswift 3]

ok, so I see where it starts stating that i need a domicile and that is for the I-864 or the I-134

http://ait.org.tw/en/visa/iv/docs/Domicile.pdf

and also this

Domicile

Q: Can a U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States be a sponsor?

A. No. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

Q: If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

A: No. The INS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

ref: http://www.immigration.com/I-864/affidavit.html

how bad would it be if I used my mother's address since like I said, my actual old residence is with my ex in Texas, and we were going to use my mother's address for where we planned to live.

Actually many do this, and also start getting mail sent there. This will start the ball rolling on re-establishing domicile.

ok, i guess i should since the only mail i ever got was my bank statements and they just have been going to my old address lol

[Reeena 0]

I have asked several people, one person said talk to a lawyer, one said they were able to do it the way I want too, and most others don't know or have the wrong information, but here goes the question anyways.

I am a US citizen and I am living with my boyfriend in Canada currently. Obviously, we will get married before I start filing everything, but I was wondering if I can do this while staying here? As I said, most people said no, but I read on the instructions for the I-130 form, that I can send it from Canada. Basically want to do it this way so we don't have to be seperated when we start the process and since he basically finacially supports me at this point (I am not legal in Canada) this would be the best option since again, we don't want to be apart, and just seems easier this way.

The whole situation was quite confussing, but I think I am pretty sure that I can do this from Canada, and wonder if anyone else has done it, and if I am actually able to do it from here. The person I know who did almost the same thing before, did it years ago, and I'm not sure how much things have changed.

This is what it says (from the USCIS.gov site for I-130):

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for those in Quebec City. If you reside elsewhere outside the United States. file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live. For further information, contact the nearest American Embassy or Consulate.

Also, on the I-129F it has an option for if not currently in the US...

just wondering, any help or advise would be great.

Thanks

Hi Just reading old posts and noticed you were in Newfoundland...do you guys actually live there now? My fiance is from there and we are actually going there in March to get married.

Are there many Newfies on this site?? I don't recall seeing many.

Rena

[Reba 2]

In any case I would be looking at CR-1 through DCF it is the fastest process, then start working on re-establishing your US Domicile.

I know this is an old post, but just in case someone sees this thinking they can DCF in Canada, they can't. As the OP stated she is in Canada illegally, DCF is not an option. IIRC, in Canada the USC half must be legally a permanent resident in Canada for one year for DCF to be an option.

[pushbrk 12,150]

I have asked several people, one person said talk to a lawyer, one said they were able to do it the way I want too, and most others don't know or have the wrong information, but here goes the question anyways.

I am a US citizen and I am living with my boyfriend in Canada currently. Obviously, we will get married before I start filing everything, but I was wondering if I can do this while staying here? As I said, most people said no, but I read on the instructions for the I-130 form, that I can send it from Canada. Basically want to do it this way so we don't have to be seperated when we start the process and since he basically finacially supports me at this point (I am not legal in Canada) this would be the best option since again, we don't want to be apart, and just seems easier this way.

The whole situation was quite confussing, but I think I am pretty sure that I can do this from Canada, and wonder if anyone else has done it, and if I am actually able to do it from here. The person I know who did almost the same thing before, did it years ago, and I'm not sure how much things have changed.

This is what it says (from the USCIS.gov site for I-130):

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for those in Quebec City. If you reside elsewhere outside the United States. file your relative petition at the USCIS office overseas or the U.S. Embassy or Consulate having jurisdiction over the area where you live. For further information, contact the nearest American Embassy or Consulate.

Also, on the I-129F it has an option for if not currently in the US...

just wondering, any help or advise would be great.

Thanks

Filing your petition directly with a US Consulate in Canada will not work for you if, as you say, you're not in Canada legally. You can mail the petition to the US from Canada but you'll need a US address for USCIS to correspond with. It could be that of a family member. You'll also need a US Citizen sponsor who qualifies to sponsor your then husband. That also can be a friend or family member but ultimately you may find it more practical to return to the US and get a job. Somehow, you and your husband will need a means of support in the US. With the CR1 visa, he is work authorized upon arrival but getting a job is a separate issue. There's really no getting around these practical issues but you can find multiple ways to deal with them.

I'd skip the K3 and stick with filing just the I-130 package for a CR1 visa.

[wowswift 3]

yeah this is an old post. and we have since gotten married and will be filling for cr1 shortly. as far as the worry about money for the move, we won't have to worry. not like we're rich or anything, but we can get by for a long time without jobs and he won't be too picky about getting a job anywhere, until he finds something more suitable i know where temp agencies are