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Filing I-130 when abroad...

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by funky102, Apr 26, 2011.

  1. funky102

    funky102 New Member

    Hello All,

    I'm assisting my cousin (over 21 years old) who resides in Qatar for her father (a US Citizen, but has never lived in the US) to file an I-130 to petition her for a green card.

    The following is the scenario where I am stuck.

    1. If the petitoner resides overseas, then petitioner must file as USCIS office overseas or the US Embassy or consulate having jurisdition over the area where you live. (USCIS website: URL deleted, page 5)

    2. So I contact the US Embassy in Qatar and they state that the I-130 forms that can only be filed at their embassy are for those those being petioned that are BELOW 21 years old (minor). They advise me that it is possible to directly mail it in the US although the advise is given via email and somewhat informal.

    3. Upon reviewing the instructions again (same form as in #1), page 4 states that "Petitioners must provide a US... address..."

    My dilemma is, can I provide my address here in the US since my cousin's father does not have a US address? In other words, will there be any issues if the petition is filed here in the US even though her father is not a resident of any state?

    Thank you in advance...
  2. BigJoe5

    BigJoe5 Registered Users (C)

    Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

    "Preference" category aliens (over 21 y/o child of a USC who is single or married is a preference alien). The children of an unmarried adult sons and daughters (FB-1) can come along as derivatives (no separate petitions but the total number of immigrants require more financial resources). The spouse and kids of the married ones (FB-4) also are included but it is a longer wait for the visa.

    NORMALLY, a USC who is currently residing abroad might seek Direct Consulate Filing (DCF) if that USC plans to bring his/her spouse and children back to the U.S. all as a family group.

    A USC who resides abroad MUST relocate back to the U.S. in order to complete the Immigration Process by being "domiciled" in the U.S. in order to file the required I-864 Affidavit of Support. (A very few exceptions exist for U.S. Government employees working abroad.)

    Before going any further does the USC plan to move back to the U.S. by the time the adult child would become eligible to get an Immigrant Visa? An FB-1 can take 7 years or more and the FB-3 can take 10 years or more (check the Visa Bulletin--it is updated monthly and reflects Priority Dates becoming eligible--the PD is the I-130 filing date.)
  3. funky102

    funky102 New Member

    Thank you for the reply BigJoe.

    Yes, the USC plans to retire in the US within 2 years (which would mean the USC would be a US resident when adult child becomes eligible, approximately 7 years according to what you stated). I would just like the form I-130 submitted as soon as possible (while the USC is still abroad) vs. doing it 2 years from now.

    "NORMALLY, a USC who is currently residing abroad might seek Direct Consulate Filing (DCF) if that USC plans to bring his/her spouse and children back to the U.S. all as a family group." - I spoke to the local embassy in their country and the embassy stated that DCF was only available to non-adult children and recommended the I-130 be filed in the US.

    "A USC who resides abroad MUST relocate back to the U.S. in order to complete the Immigration Process by being "domiciled" in the U.S. in order to file the required I-864 Affidavit of Support. (A very few exceptions exist for U.S. Government employees working abroad.)" - If an I-864 is required with the I-130, then you are implying that the USC cannot submit the I-130 until the USC is a resident, or domiciled, in the US. Is that correct? (Or can the I-130 be submitted now, and the I-864 be submitted later when the USC is a resident in the US in 2 years, so the I-130 can be processed sooner?)

    Thanks again BigJoe for the help.
  4. BigJoe5

    BigJoe5 Registered Users (C)

    No, the I-130 can be filed and normally is filed first. The I-130 merely verifies the claimed relationship. http://www.uscis.gov/USCIS/Resources/A1en.pdf here is a brochure.

    This particular filing scenario is in a state of flux at the moment. See: http://www.uscis.gov/portal/site/us...nnel=994f81c52aa38210VgnVCM100000082ca60aRCRD

    He could go ahead and file at the Chicago Lockbox and could try to use his overseas address OR us a U.S. address of as agent or relative. It would be nice to get some new first hand experience info out there for everyone's knowledge.

    Lastly, he may want to contact the USCIS Office at New Delhi (instead of the Consulate/Embassy) for specific information at:

    Phone, Fax Numbers & E-mail

    Phone
    For general inquiries in Hindi, Punjabi, or English, please call the following numbers:
    Country Code: 91; City Code: 11
    For applications inquiries please call: 2419-8506 or 2419-8154

    For inquiries on the Immigrant Visa processing, please contact the Immigrant Visa Branch directly at 2419-8062 from 10:00 AM to 12:00 PM. Email is: IVND@state.gov

    Fax
    For specific case inquiries, a fax is preferable. Our fax numbers are (Country Code 91) + (City Code 11) + 2419-8730.

    If calling from the United States, please dial 011 first.

    E-mail
    CIS.NDI@dhs.gov
  5. Monohar

    Monohar New Member

    I recently got married to wife who is a US citizen in the US while during my holiday there. I hold a valid B1 visa, which expires in 7 months from now. My job requires me to be outside the US as much as l work for a US contractor overseas. I was wondering can my wife file for me I-130 while am abroad. Is it possible to process any of the USCIS paperwork while am outside the US before this 7 months is over or do l have to give up my job move n go to the US to complete the process.
  6. Jackolantern

    Jackolantern Registered Users (C)

    Your situation is entirely different from the one at the top of this thread. Please start your own thread.
  7. BigJoe5

    BigJoe5 Registered Users (C)

    USCIS has made a decision on this and published it today (May 17, 2011) in the Federal Register.
  8. BigJoe5

    BigJoe5 Registered Users (C)


    ".....As a fee-funded agency, USCIS is statutorily authorized to collect fees at a level that will ensure recovery of the full costs of providing adjudication and naturalization services, including administrative costs and services provided without charge to certain applicants and petitioners. See INA section 286(m), 8 U.S.C. 1356(m). The current fee of $420 for a relative petition does not cover the DOS charges. Therefore, DHS will adjust its internal processes to avoid the DOS charge,
    thereby maintaining the integrity of the current fee schedule for relative petitions."

    This change avoids having to increase the fee.

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