An interesting situation - Please help

[Smita_S]

I am a GC holder and planning to go to India for a couple of years with a re-entry permit. Is it possible to file I-130 application for my spouse while I am in India during this period?

Any help will be appreciated...

Thanks.

[PraetorianXI]

yes, it is possible to file I-130. But you do know it will take 5-6 years before her priority date is current.

you could upgrade the petition once you become a citizen, but since you are leaving for more than 6 months, you are likely to break your continuous residency for naturalization.

and with a re-entry permit you can not be gone for longer than 2 years.

[Smita_S]

Thanks for your response.

A follow up question... If I am residing in India with a re-entry permit, do I file the I-130 petition with the US consulate in India or with the USCIS office in the US?

Thanks.

[IVaiting]

You may apply at the US Embassy in New Delhi if you are staying in India for more than 3 months. As mentioned in the previous reply, it would be better for you not to break your continuous residency in the US so that you may file to become a Citizen at the earliest. That way you may be able to bring your spouse to the US faster.
Good luck!