GC for my husband

S

samsung_adams

Registered Users (C)
Hello,
I am a US citizen. I am planning to apply for a GC for my husband. He and I will be in India for the next year. Can we apply for his GC now and move to India for a year or should he be present in this country while it is being processed? (He is on a L1A visa)

What are the forms I need to fill out?

Any help is greatly appreciated.
Thank you.
 
Finally - someone in the same situation as me..

I am US Citizen and my wife is on H1B and is waiting to quit working.

Here are the Options we have:
1). Do the Adjustment of Status route while you are here and see if it comes through in 3-4 months, since nowadays it is going quick as you can see the timelines.

2). Apply for his I-130 here and do Consular Processing in India. However the keyword here is your "Domicile", which means that if the US Citizen is also in India, then you will have an issue with the I-864 Affidavit of Financial Support. After the I-130 Approval with your Service Center, the NVC will mail you the docs here in the US and you have to fill them out and send it back to the NVC and they will then send them to India. So you have to be here to get the mail and correspond with them.
Another drawback here can possibly be that the Beneficiary has to have had a perfect record and what if they come up with lot of questions about his present status. Can they refuse Immigrant Visa?

3). Move to India and apply for your husband with DCF in New Delhi. Now this is possible if you live in India for 6+ months and show India Domicile, which means employment in India, Utility Bills, Registration with FRRO etc... and then the I-130 can be applied in Delhi and shall be Adjudicated there itself. Then your husband has further 6 months to come back after he gets GC abroad.

I guess you can also do (1) and then do I-824 and transfer the case from AOS to Consular Processing in your home country.

If any more views from the experts, please share..

Thanks..
 
samsung_adams said:
Hello,
I am a US citizen. I am planning to apply for a GC for my husband. He and I will be in India for the next year. Can we apply for his GC now and move to India for a year or should he be present in this country while it is being processed? (He is on a L1A visa)

What are the forms I need to fill out?

Any help is greatly appreciated.
Thank you.
Click to expand...


Yes, you can file I-130 for him, and within a year it will get processed, sent to National Visa center, and then to the consulate, after the interview he will get an immigrant visa. Usually takes 10-12 months altogether. However, you will need to file I-864 (read about it) affidavit of support, and find a co-sponsor if needed, and maintain a domicile in the US.
 
Maybe I am mistaken. But, please explain:

http://newdelhi.usembassy.gov/uscisi130pet.html
http://newdelhi.usembassy.gov/ivfamilyimmed.html
http://newdelhi.usembassy.gov/ivfamilybaspetition.html

Effective June 1, 2006, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India. Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India. In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.

The 90 days continuous residence requirement ends May 31, 2007.

Effective June 1, 2007 the 90 days continuous presence in the above paragraph is changed to 180 days.
 
Thanks for all the replies

I am still confused though.
-If my husband and I move back to India for a year, do I have to apply from here or from India?
-Will my husband have to come to the US at any point in time for anything during this process?
-I have a PO box here in the US (Looks like a physical address) that I can use as my address. Is this enough?
-Do I send along with the I-130, 325 A for him and me?
-I don't see the I-864 anywhere on the I-130 list of items. Where does it list this as part of the GC process?

Any help is appreciated.
Thanks
 
-If my husband and I move back to India for a year, do I have to apply from here or from India?
: Both are possible. If you apply from here with AOS(485), then wait till the process is over, else he has to travel on Advance Parole.
See the links from US Embassy, New Delhi. If you both leave US, then as per the US Embassy, New Delhi, you can petition for your husband AFTER 6 months of stay in India, if you meet the requirements and your Domicile is India (or your home country).

-Will my husband have to come to the US at any point in time for anything during this process?
: If you are doing AOS, then he is presumed to be here for the entire process.

-I have a PO box here in the US (Looks like a physical address) that I can use as my address. Is this enough?
: Not Sure of the consequences.

-Do I send along with the I-130, 325 A for him and me?
: Yes and 485,765,131,693,864 if you are doing AOS.

-I don't see the I-864 anywhere on the I-130 list of items. Where does it list this as part of the GC process?
: Download all the above forms and you can see the requirements.
 
rjo1 said:
Maybe I am mistaken. But, please explain:

http://newdelhi.usembassy.gov/uscisi130pet.html
http://newdelhi.usembassy.gov/ivfamilyimmed.html
http://newdelhi.usembassy.gov/ivfamilybaspetition.html

Effective June 1, 2006, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India.
Click to expand...

Well, I'll be darned:
Effective March 20, 2007, consular posts abroad are again authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, U.S. service members, emergency cases involving life and death or health and safety considerations, and others determined to be in the national interest. See announcement about consular offices abroad accepting I-130 immigrant visa petitions.
Click to expand...

they just brought it back to life, look at the date. No wonder I didn't know yet. Woo hoo!
 
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