I am US Citizen that applied for I130 for my spouse living in another country. Last week I got a notice from USCIS I130 got approved and they are transferring it to NVC. However I have got a job in Australia where my husband is and I am planning to go there since we are unsure how long before he can come here and work. Will the I 130 process require me to be in the US or can I handle things from Australia?
I130 Approved Petitioner(US Citizen) has got a job in another country
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I130 Approved- Petitioner Moving to Another country
Here is the thing I was a green card holder when I lodged it in January 2011. Then I became a citizen in March 2011. Then I filed for I129F. During all this time my husband has been in Australia. Then On June 11th USCIS sent us two letters saying the approved both the I 130 & I129F petitions. Now I have got a job in Australia. I want to go there and be with my husband. Since we've been seperated for so long. I dont think at this point there is no purpose in following through with the I129F. But we still want to go ahead and get his green card through I130. So can this be handled while in Australia. To send the affidavit do I have to live in USA and have a job here? When does the I1485 come in?
Here is the thing I was a green card holder when I lodged it in January 2011. Then I became a citizen in March 2011. Then I filed for I129F. During all this time my husband has been in Australia. Then On June 11th USCIS sent us two letters saying the approved both the I 130 & I129F petitions. Now I have got a job in Australia. I want to go there and be with my husband. Since we've been seperated for so long. I dont think at this point there is no purpose in following through with the I129F. But we still want to go ahead and get his green card through I130. So can this be handled while in Australia. To send the affidavit do I have to live in USA and have a job here? When does the I1485 come in?
ananga73
Registered Users (C)
I485 is what he will file to adjust to become a permanent resident [green card holder]. Irrespective of the I129 you filed to get him a fiancee visa, he would have had to file the I485. You may choose not to follow up on the I129 however he still needs to file I485 to adjust status, now that the I130 has been approved. You do NOT have to live in the USA to file that.
You guys will have to file an affidavit of support, I864 for him. Since you're indicating you are moving semi permanently to Australia to be with him, it does not appear you can satisfy the criteria to be his sponsor. Read page 6 of the I864 Instructions.
A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.
Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
He/she left the United States for a limited and not indefinite period of time,
He/she intended to maintain a domicile in the United States, and
He/she has evidence of continued ties to the United States.
Other opinions are encouraged
You guys will have to file an affidavit of support, I864 for him. Since you're indicating you are moving semi permanently to Australia to be with him, it does not appear you can satisfy the criteria to be his sponsor. Read page 6 of the I864 Instructions.
A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.
Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
He/she left the United States for a limited and not indefinite period of time,
He/she intended to maintain a domicile in the United States, and
He/she has evidence of continued ties to the United States.
Other opinions are encouraged
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You should be fine. You can present all the paperwork at the australian embassy. It is very simple....the domicile issue will not be a mojar issue...you don't have to tell the Embassy that you are moving from the usa permenantly....All you need is tell them that you need your case processed....the domicile issue comes up, when you are filing I-130 at the Embassy.....your case is already approved, and only needs some NVC processing, and embassy interview...it should be pretty easy...........
Good luck
Once he touches down in the states, he becomes automatically greencard holder. He has to be interviewed at the consulate and visa must be issued...
WOW! It has been a long time since I've seen so much misinformation all at once in this forum.
First of all, an I-485 is the way for an alien present in the U.S., to obtain immigrant status without leaving. As he is abroad, an I-485 is irrelevant to him.
In that the I-129F for a K-3 non-immigrant spouse visa and the I-130 immigrant petition arev BOTH approved, the Consulate will try to persuade the pursuit of the immigrant visa only (some Consulates won't even give a choice in the matter and totally void the I-129F).
In order for you to get the LPR status for your husband, your I-864 must qualify OR he must qualify for the I-864W. Your relocating abroad may cause problems in this respect (there are exceptions--read the form instructions carefully). It might be best if you can get a delayed start date on the foreign employment.
As a USC, who is going abroad for work, it may be possible to get your husband lawful Permanent Resident status and then expedited naturalization.
It depends on the circumstances of your employment abroad.
INA 319 MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS [Substitute USCIS for Attorney General]
(b) Any person, [your husband]
(1) whose spouse is [You]
(A) a citizen of the United States, [You]
(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and [Does your employment count for this?]
(C) regularly stationed abroad in such employment, and
(2) who is in the United States at the time of naturalization, and [He only needs to get his Immigrant Visa, enter the U.S. and immediately file an N-400, indicating that it is qualified for automatic expedited processing under INA 319(b), get fingerprinted, show up for an interview, pass the civics and English test and get sworn-in. Then he gets a passport and rejoins you or accompanies you abroad.
(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required. [This means that he has to be an LPR and show "good moral character" and pass the English and civics test.]
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html The statute is INA 319(b).
http://www.uscis.gov/USCIS/Laws/Mem...chives 1998-2008/2006/adopteddecafm011106.pdf Your employer must qualify.
Jackolantern
Registered Users (C)
Now that your I-130 is approved and they're transferring it to NVC, your husband could be in the US and eligible to work within the next 2-4 months. Giving up your US job to move to Australia will delay and complicate the process.