josda

Thanks for the additional information.

As for his residence--he maintains his residency with address here in Sweden should he decide to come back before loosing his permanent residency (if things don't work out in the US). In the US, he lives in his friend's basement. No mortgage or lease yet. I just had a look at the UK instruction sheet for USCs residing in the UK, and it appears that the only proof of UK residency needed to be submitted is a passport stamp (entry clearance), which of course he has (permanent residence) and which is still valid.

I'm a little confused about the difference between filing as a resident abroad vs US resident. On USCIS webpage it says that all applications from abroad need to be sent to the Chicago lockbox if the USCIS doesn't have a public counter in that foreign country, which Sweden does not. Perhaps this is only applicable to countries like the UK? So there would not be a difference in process time for someone filing from Sweden...?

josda

Right, so I just read that in our case, processing time would be the same as for a domestic application, and for some reason they call this 'more efficient', and 'allows for more flexibility'!

I did have my hopes up there for a second or two.

Noorah101

If there is a USCIS field office in Sweden, you can ask to file the I-130 there. That would cut out the NVC stage of the process, thus making it more efficient.

Rene

gad33

Currently, and no one knows if or when it will change, applications filed to the Chicago lockbox when the USC resides overseas and cannot file at a USCIS field office, are processed through USCIS faster than applications filed when the USC lives in the US.

Noorah101

Do you have a link to that information? I've never heard that before.

Thanks,
Rene

jeffreyhy

Can we confirm where your husband is currently living, and if he intends to remain living there for at least the next few months? In post #5 of this thread you wrote: Why do you now bring up residence in the UK? Is he living in the US or in the UK?

Regards, JEff

gad33

It's not published information but what is currently being experienced, hence no one has any idea how long it will remain true.

If you feel inclined have a look at some of the other US immigration discussion boards.

josda

gad33--that is very interesting. Thanks!

josda

My apologies, I thought I was being clear enough.

He's currently at a temporary address in the US, and at this time we have no idea how long this will last. He's been away 2-3 mos. His permanent address is here in Sweden. Because there's no field office in Sweden, this overseas (DCF) filing route is not available to us. I was trying to find out if I should/can use his permanent address here in Sweden to put into the I-130 petition. In Sweden there are specific criteria for what constitutes residency and according to that, his residence is in Sweden not the US. Each country is different, which is why I'm asking in case anyone is more well informed.

As for whether or not he's intending to return to Sweden at some point in the next few months, we have no idea at this time. That's why his permanent address remains here.

Regardless, the application will be sent to Chicago. I've read the criteria for overseas residence for DCF, but it doesn't apply to us in Sweden. It's just a matter of what address we choose.

Obviously, we do not want to be accused of misrepresenting any information on the petition.

njmackem

I will start off by saying that I have not read any of the responses below so if I repeat then apologies.

First of all I am going to assume that you didn't make my mistake of overstaying a visa.

If that is the case then it should be a quicker process as long as you did nothing nefarious while in the US the first time.
If you did overstay, then get ready for the hurt locker as they say.... it took me 3 years of applications and appeals to get back...

Good Luck either way

jeffreyhy

It sounds as though either address could be used. As a practical matter, use an address where he can be sure to receive any correspondance that USCIS might send to him. This does not mean that he cannot claim residence in the USA. The US government will make its own determination, without regard to what Swedish law might say. Consider that before the end, during the visa application phase of the immigration process, he is going to have to demonstrate that he has, or intends to establish, domicile in the USA. There may be no time like the present since he is presently living in the USA, despite the uncertainties. True. True, but under the present circumstances this issue of which address to use should not be a significant concern in this regard. I still don't understand why you wrote this:
"I just had a look at the UK instruction sheet for USCs residing in the UK, and it appears that the only proof of UK residency needed to be submitted is a passport stamp (entry clearance), which of course he has (permanent residence) and which is still valid."
If his residence is arguably in Sweden, but oh well.

Regards, JEff

josda

Sounds good.

It's the US criteria that I'm looking for. However, the forms don't ask for place of residence, which is not necessarily the same as address. Nor does it specifically state permanent or current.

I think having a job will suffice? It's most likely that if we decide to proceed with the immigration process, he'll stick with the jobs he has now.

Oh, it was simply for reference to what the UK field office requires for proof of residence (what I had on hand). I might have written that before I knew that petitions could not be filed in Sweden as of last year.

josda

I forgot to ask at what stage in the process the intent to establish domicile will need to be demonstrated.

Thanks.

Noorah101

In my opinion, there will be no need to show intent to establish domicile in your case....because the I-130 was filed to the Chicago lockbox in the USA. There is no USCIS field office in Sweden, so you are not doing a "DCF" case. The I-130 will process in the USA, get approved, and go to NVC in the USA. NVC will collect the I-864 package and original civil documents. Fees will be paid to NVC. An interview date will be set by NVC.

You are not doing a "DCF" case. Don't compare your case to those cases.

You need to be reading about the types of cases where the I-130 is filed in the USA.

Rene

jeffreyhy

US domicile is a requirement of the I-864 Affidavit of Support, which is evaluated by the consular officer who handles the visa application ....

Regards, JEff