gregk

Apologies if this question has been answered elsewhere, but I couldn't find anything relating to my case using search...

Here's the story:

My dad is a US Citizen and I want to live and work in the US. He does not fulfil the residency requirements to transmit his nationality onto me. We both have been living in France for the past 10 years or so.

As I understand it my only option is for him to submit a I-130 petition, but I'm not sure how to go about it. The French embassy website says they only accept petitions for Immediate Relatives, which I am apparently not as I am over 21 (unmarried).

The website goes on to say that "petitions for all other immigrant visa types (including petitions by U.S. permanent residents for family members) must be filed with USCIS in the U.S."

What does this mean? Where do we send the forms?

Folinskyinla

Hi:

The "lockbox" in Chicago. Do note that when it comes time to immigrate, your father will have to return to the United States before or with you.

gregk

Hello,
Thanks for answering so quickly.

I did a bit of research about the Chicago lockbox and it appears there are several addresses which must be used based on "place of residence in the United States".

--> See info from USCIS article here

I don't have an address in the United States, should I send it to the lockbox based on where I intend to live (as declared in section 18 of the I-130 form)? Or is there a separate lockbox address for people who live outside the US?

I do have relatives (aunt & uncle) who live in California. I could always declare their address as "where I intend to live", although I'm not sure that's where I'd actually end up.

Thanks again for your help, sorry for being such a novice!!

Noorah101

Just a thought, but it might be based on your father's last address in the USA. This is his petition, not yours.

Rene

meauxna

It's a bit confusing. You're not really offered any applicable answer!

The I-130 form instructions read:

Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.


Of course, you can't trust the form instructions; things change! So you should always consult the Special Instructions on the form download page. They say:
Where to File :

All petitioners filing stand-alone Form I-130 must submit their petitions to the Chicago Lockbox instead of a USCIS Service Center. Form I-130 petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.
Important: Any Form I-130 filed at an incorrect location will be rejected.

But if you DID follow the form instructions, which *might* be correct, you'd be led here:

USCIS Service and Office Locator
Service Area:

The Rome District has administrative jurisdiction over the immigration offices located in Accra, Ghana; Athens, Greece; Frankfurt, Germany; Islamabad, Pakistan; Johannesburg, South Africa; London, United Kingdom; Moscow, Russia; Nairobi, Kenya; and Vienna, Austria. The Rome Office has direct jurisdiction for immigration matters in the following countries: Italy, Algeria, Andorra, France, Gibraltar, Holy See, Libya, Malta, Mauritania, Monaco, Morocco, Portugal, San Marino, Spain, Tunisia, and Western Sahara.


Unfortunately, THEIR filing instructions say the following:

Immediate Relative Immigrant Petitions (Form I-130):

U.S. citizens residing in Italy may file a Petition for Alien Relative (Form I-130) at the Rome office by mail or in person during normal business hours.

gregk

Presumably I have to send them money as well, so it would be a shame to get it wrong!

So as it stands the 3 possibilities are...

- Chicago lockbox (but I have no US address)
- US embassy in Paris (but I'm over 21)
- Rome office (but I don't live in Italy)

Is there a fourth? Perhaps someone in this forum has been through this before...

In the meantime I've managed to locate the Rome office phone number, so I'll try giving them a call tomorrow. I hope I'll be able to talk to a real person rather than an answering machine.

Noorah101

You do understand that this is your father's petition, right? You keep saying " I have to...." when actually it's your father who needs to. I understand if you're helping him with the process, just want to make sure you realize he's the one who signs it and will continue on with the process until you receive your visa application paperwork.

There will be a couple of more steps after the I-130 which your father will also need to do (if the I-130 is filed in the USA).

The fee for the I-130 also needs to be by check or money order, drawn on US funds. If you have no one in the USA, this might be an issue, too.

Rene

gregk

Apologies for the apparent confusion-- I do realise it is my father's petition. I plan to do as many formalities as I can myself though to help speed things along. As for the check, I can probably get one written by my aunt or uncle in California.

Noorah101

Perhaps it would be OK to also use their address for filing the I-130. I'm not sure, just a thought.

Rene

Noorah101

Does his father have to remain in the USA after that?

Rene

meauxna

I would delete Paris; I don't see that as an option at all.

There is no harm, and in fact it is the simplest, easiest approach, to simply filing the I-130 via the lockbox, using your relatives' address if they let you. Having them write the check is your best choice too.. you want to take the least-confusing-to-CIS approach, and they do seem to confuse easily.
They will NOT send correspondence to your father overseas if he files the I-130 in the US, so you need to be able to rely on these relatives.

When you reach Rome, remember that you want to talk to the USCIS Field Office there. Remind them that the US-based filing has changed so dramatically that it appears that there is nowhere for you to file.

There was a case posted recently that is a little similar; look for posts from 'Sima' from Iran. He's an overseas US citizen who is petitioning his spouse.

Noorah101

Make that "Sina", with an N.

meauxna

lol, that's what I wrote. Unfortunately, about half the letters have worn off my keyboard (and I'm really starting to think I need reading glasses )

Thanks for catching that!