JulieB

Hi All!

Haven't read the entire post yet (it's quite long lol) but thought I would add my answers!

1. Country USC resides in: Canada

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: April 2012

4. How long had you been living abroad: (speaking about my husband who is the US Citizen) since May 2010

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: Dual Citizen

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Hmm, well we sent a letter from our bank/joint account as proof of bona fide marriage along with our CDN marriage certificate. Does that count?

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? No. Didn't know that we should.

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Not sure yet....still waiting for the I-1164 text to confirm application received however Canada Post says the package was delivered.

No one really knows because USCIS hasn't released any information about why some people filing from abroad are processed faster, but you can read this http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Thanks! Long post to read but great info!!!

After reading what others had posted I called both my lawyers to confer.

I should clarify: They said to me that the reason I was instructed to have the fingerprint based CPIC check is because I am applying for an immigrant visa - IR1 as opposed to a K Visa. Apparently reason is that the K Visa is non-immigrant and when a K visa holder does their Adjustment of Status application at a later date (from within the US), that process will require a biometrics appointment (including fingerprint based criminal checks that the US government performs, which will also check your background in your home country - if applicable).

Sorry for the confusion

Hi!

I live in Toronto, and after consulting with my Immigration lawyers (I have one in Canada and one in the US but both US Bar Certified) I was told that the only acceptable criminal check for US Immigration purposes (and regardless of if you were previously arrested and/or convicted of a crime - because then it would be highly doubtful that you would get permitted entry to the US anyways) is a fingerprint based CPIC check. Which even if you ask your local police force, they will direct you to the RCMP for that. That being said I'm sure since you are in Ottawa that it would be easier as RCMP Headquarters (who does the check) is located there.

I had mine done through 'Commissionaires', paid $82.00 total (which included the cost the RCMP charges as well as a service charge for that company to provide the service) and had my results mailed back in a couple of days.

Please note that regardless of what anyone says, a name/D.O.B check is NOT apparently enough for US Immigration services. (according to my lawyers that is)

Hope this helps!

On the other hand, if you make it clear that you are a U.S. citizen living abroad and are petitioning from there, sometimes USCIS will process the spousal petition pretty quickly (as in, just a couple months as opposed to more than 5-6.) It's just hit and miss.

This line really got my attention....

How would one make it clear that the US Citizen spouse is living abroad other than indicating it through the listed address on the I-130 form??

Thanks )

Hi All!

Looking for some bona fide advice on filling out the I-130 form correctly. Two questions.

1. In section B. Numbers 1 & 2 > Information About You

If my USC Husband is currently residing with myself in Canada (as he is a Dual Citizen), does he put down his US Address in this section or our joint Canadian address? We would like all documentation to be sent to our current Canadian address pertinent to our application.

2. In section B. Number 13.

My husband holds a US Passport and obviously then is a US Citizen, but he acquired his citizenship through birth abroad. We have a copy of his birth abroad paper but he lost his US Passport and hasn't obtained a replacement yet. In the instructions for filling out I-130 on the USCIS website it lists that "a copy of the Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S Embassy or consulate is a sufficient document to show that he is a US Citizen." Seeing as the US Government knows that he has a US Passport (whether he lost it or not) would they be expecting him to have it and use it as proof of US Citizenship rather than the FS-240 form? And therefore we should indicate his US passport number, date and place of issuance in this section?

Thanks in advance for your input!!