Immigration Site

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?

What do you mean by they are transferring the I130 to NVC? You indicate it has already been approved. You and your spouse can handle the I485 from Australia.

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 weve 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?

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 youre 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