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Filed I-130 for spouse while abroad but had to move back usa while processing

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  • Filed I-130 for spouse while abroad but had to move back usa while processing

    Good evening,

    I am an American citizen married to a brazilian and we have lived in Brazil for 10 years now. We married in the USA in 2001 but once our daughter was born in the USA we decided to raise her around our family. PS: I have dual citizenship Brazil/USA. Keep in mind that I left the USA and did not maintain domicile.

    My Brazilian husband lost his green card after we moved, so we have now re-applied and are starting the I-130 process all over again while here in Brazil.

    we are sending the I-130 application now in July 2015 to the appropriate office in the USA using our Brazilian address, because all of our documentation which will prove our marriage is from Brazil: Electric bills, health insurance, etc.

    Well, I plan to go back to the USA in two months (september) to re-establish domicile, because of the I-864 affidavit of support, as well as to bring our daughter to start studying in the USA.

    My question is: will it be confusing for the INS officer to receive a I-130 application with a foreign address and simultaneously (2 months later) receive a change of address indicating New York? If I place a New York address in the I-130 in july it would not be appropriate since I have lived here for the last 10 years and all documentation Proving marriage is form Brazil. Therefore, it is clear that I did not maintain domicile.

    Can anyone please advise? Thank you so much in advance!!!!

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