jeffreyhy

I agree - the I-864 is not proof of domicile, the I-864 requires domicile. That is to say, one of the requirements of sponsorship, in addition to having sufficient financial resources, is that the sponsor be domiciled in the USA.

A joint sponsor can relieve a sponsor of meeting the income requirement, but a joint sponsor cannot relieve a sponsor of meeting the domicile requirement. ("relieve" may not be the best choice of words, but hopefully it's close enough)

Regards, JEff

jeffreyhy

No. But all forms can be found online and downloaded. There are a few forms that can be filed online, the USCIS or DOS web sites where forms can be found will identify those that can be filed online,

Regards, JEff

josda

After having filed the I-130, is any paperwork sent to whatever address is used for the petitioner? If I were to use his temp address, I'd hate to have anything get stuck at his friend's house.

Is there a page with every single detail outlined about the entire process start to finish (and specifically for consular processing)? I looked at the wiki link on here, and I found the CR-1 page, but that doesn't apply to me does it? We've been married more than 2 years. I looked at some government pages too, but there seems to be a lot stuff mentioned here that I've never seen mentioned on any of those pages.

Noorah101

I didn't say that. NVC will require original civil documents, and an original I-864 plus supporting evidence package...those need to physically be sent to NVC. If you are sending those from outside the USA, make sure to use a trackable method.

What I was saying is that if NVC needs to send any paperwork to YOU, I doubt they will mail it overseas. However, they might send it to YOU by email.

On this board, we typically see UK cases, where if the USC is still living in the UK, nothing goes to NVC at all. Yours is a different kind of case than we usually see here, so we're learning something new, too.

No, they are not.

Well, to be fair, your husband could stay in Sweden and work while everything processes. But if he did that, he'd need a Joint Sponsor, unless he has enough in assets. Immigration, unfortunately, doesn't really care whether the process of moving to the USA becomes a burden on the family or not...it's up to the family to work it all out to the best of their ability.

I guess the smart thing for couples to do, would be to make sure they have enough financial stability to last 8 or 10 months of living apart, before applying for an Immigrant Visa.

Rene

Noorah101

Perhaps an RFE (request for further evidence) could be sent to the petitioner, at whatever US address is listed on the I-130.

Personally, to avoid all this confusion about the USC's address, I would have the USC create a stable mailing address in the USA, even if it's a friend's house. That way, there is ONE US address being used. The friend can notify you or the USC that mail has arrived, and let you know what it is so it can be acted upon.

Yes, it does. Since the I-130 was filed in the USA, that is the course your paperwork will follow.

This doesn't matter. It only means that the visa will be an IR-1 instead of CR-1. But the process is exactly the same.

Rene

Noorah101

Your I-130 is going to be filed to the USA because Sweden doesn't allow you to file it there. That much we know.

We also know that because the I-130 will be filed to the USA, it will follow the path of a typical Immigrant Visa process, as if the USC were living in the USA.

The unknown factor is whether your husband will actually BE living in the USA during these 8 - 10 months, or not. All you can do is understand the process, and if he happens to be living in Sweden at the time of your interview, let the ConOff know, bring proof of intent to domicile in the USA, and see what she says about it. She may very well not accept the proof intent to domicile (she's not required to accept it), and could ask your husband to first be domiciled in the USA before approving your visa.

The easiest thing to do would be to have your husband LIVE in the USA during this process (using a US address on the I-130 and all other paperwork), and only come back to Sweden to VISIT you now and then, if need be.

Rene

josda

Yes, I agree, that would be the smart thing to do if one actually has a job in the foreign country. My husband lived here for 18 months learning Swedish and receiving financial aid. In the end he returned to the US to keep us financially afloat since it was proving too difficult to get a job even with working, but not perfect, Swedish. He wouldn't be there if he had a job here. We learned it's different here than in the US, and you only learn that by actually experiencing it.

A lot of things are smarter in hindsight, but as I assume all of you know being in a bi-national marriage comes with some difficulties. I don't personally think it's unreasonable for any country's immigration to consider an individual family's burden in the process. But I won't argue it. Just venting, sorry.

Noorah101

It's OK, I totally understand.

My fiance and I spent 14 months apart waiting for his K-1 visa to process, back in 2003/2004. Granted, we weren't married...and neither of us was supporting the other financially...but I know from experience the process is long and cumbersome. All you can do is your best.

So, since he can't find work in Sweden, I assume he won't be coming back to Sweden to live, during the process. He'll most likely find a job in the USA so he can contribute financially towards your support. Even more reason to use a US address on all the paperwork. Just be aware that you may need a Joint Sponsor when it comes time to submit the I-864.

Rene

jeffreyhy

Yes, there are several posible things that USCIS could send to the petitioner:
- the Receipt Notice (NOA #1 in newsgroup-speak)
- return of the I-130 submission package (if it was missing significant initial required material)
- a Request for Evidence (if it was missing less significant material , or ambiguous or conflicting material that required explanation)
- the Approval Notice (NOA #2 in newsgroup-speak)
- a denial notice

One reason that some people hire an immigration attorney is to have a sure place of receipt for whatever USCIS may send.
No. While all cases are generally similar, all cases are not identical and every single detail about your entire process can not be known until the entire process is over. You're only at the start and already you've got the issue of what address to use for the petitioner - the tree of possibile consequences that could grow from your choice branch out from there.

jeffreyhy

I agree.

But, if the preferred solution to the petitioner's currently uncertain US address is to use the Swedish address, that will work. By the time the petition has been approved and transferred to the NVC, ~5-6 months from now, a US address for the petitioner can always be introduced at that point if things have become more certain.

Regards, JEff

josda

Thanks Rene. Yes, just gotta tough through it. I'm fine personally, we've been married so long now the raging hormones are gone. It's the kids who are extremely close to their dad, that I worry about. And moving to Sweden included another period of 8 months apart, which is still kind of fresh for them.

Coming back to Sweden is an option since we can go on welfare while he learns the language better. It's just a much less attractive alternative, but I'm not sure how the kids will handle the separation. So we still consider it. A lot of indecision these days. My student aid ends this fall and with high prices in Sweden on a USD income, it'll be tight. I haven't worked for years so don't imagine I'll get a job easily. We've considered going to the UK as well since he's legally able to find work there, but seems to be that employers are largely suspicious of this EU rule, so reluctant to hire until there is a RC.

gad33

josda, please look a the PM I sent you.

josda

I did! Thanks. I'm reading the posts right now.

gad33

This is the process for USC living overseas with their spouse and applying for a visa for that spouse where they cannot use DCF.

I-130 is sent to Chicago lockbox. Confirmation of receipt and approval will be sent to USC's overseas address and also to email if one has been provided. Currently these applications are processed much quicker than applications where the USC lives in the US.

After approval by USCIS the file is sent to NVC, after a case number is allocated, beneficiary emails choice of agent form and makes sure an email address is provided for easier communication. Beneficiary completes DS-230 and applicant completes I-864 (and fees are paid online). If the applicant still uses an overseas address on the I-864 they will have to provide proof of domicile or proof to reestablish domicile.

NVC sets interview date at embassy/consulate. Overseas address will be flagged and Con Off will ask for proof of domicile/reestablish domicile even if it has been provided with I-864. What is required varies by embassy/consulate/Con Off.

That's the Cole's notes version.

jeffreyhy

Tell Cole that "[b]enificiary" and "applicant" are the same person. That person does indeed do the DS-230. The person who does the I-864 is the petitioner and sponsor, not the applicant.

Regards, JEff