Residence and transfering a file

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ftm

Registered Users (C)
I am in a desperate situation and I am about to make a desperate move, please advise!

I filed N400 in August 2005 in April 2007 it was denied...
With that extra-unexpected long wait I have been separated from my husband, who lives in Senegal. We have a child, 2 years old whom he has not met...
I filed his I-130 in CA on Nov. 10, 2005 as a LPR. The processing date is Jan. 2005 in CA.
Since my N400 has been denied I can finally leave the county to visit with my husband. I could re-apply the N400 and will after a visit with him.

I will be going to Senegal for an extended period of time, up to six months maximum. So I will be resigning from my job and technically moving there.
I have a sister in NY and I would like to visit with her for a couple of weeks before I go to Senegal.

My question:
Can I transfer my husband's I-130 to Vermont using my sister's address?
Technically her residence will be my last place of residence, but I am not sure how legitimate that is because I will not actually be moving there, but rather to Senegal. I don't want to take any huge risks or potentially mess things up because this has been such a long process for us with so much hardship, but this could help us so much because the processing date for NY
is Oct. 22, 2005! Only 2 weeks before when I filed!!!!
Please help me understand the terms of residence and how to follow the rules and guidelines but at the same time get my husband here once and for all.

Any advice is greatly appreciated.
 
ftm said:
I am in a desperate situation and I am about to make a desperate move, please advise!

I filed N400 in August 2005 in April 2007 it was denied...
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Why was it denied? Do you have a chance of getting it second time?
With that extra-unexpected long wait I have been separated from my husband, who lives in Senegal. We have a child, 2 years old whom he has not met...
I filed his I-130 in CA on Nov. 10, 2005 as a LPR. The processing date is Jan. 2005 in CA.
Click to expand...
You're looking at the wrong place. Your should look at the visa bulletin at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3219.html. The priority date for your category 2A is 08APR02, that means it will take at least 3 years for your priority date to become current.
My question:
Can I transfer my husband's I-130 to Vermont using my sister's address?
Click to expand...
Well, you don't want your mail to get lost while you're out of the country. However, I don't think you should worry about your petition for the next 3 years, unless you become a citizen.
... but this could help us so much because the processing date for NY is Oct. 22, 2005! Only 2 weeks before when I filed!!!!
Click to expand...
Sorry, but that's not the case...
Please help me understand the terms of residence and how to follow the rules and guidelines but at the same time get my husband here once and for all.
Click to expand...
Apply for citizenship again if you can. Once you become a citizen, you'll bring your husband here in months!
If you do go visit him before reapplying for citizenship, make sure to come back in less than 6 months.
Good luck!
 
ftm,

Would I be close to the truth if I guessed your N-400 was denied because you had broken continuous residence with too many extended trips abroad? More information here may help people offer more appropriate advice.

Be careful with quitting your job and moving to Senegal without retaining strong ties to the US. Not only will you be making it harder on yourself to reapply for N-400, but you may well be putting your LPR status in jeopardy.
 
ftm said:
I will be going to Senegal for an extended period of time, up to six months maximum.
Click to expand...


I think your dilemma is weighing the value of being in Senegal for 6 months, vs keeping your US residency. If I were I'd consider a much shorter trip, to assess the situation down there. Maybe your husband has remarried, or has a mistress - ;)
 
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