I-130 Outside USA

[willnj]

Hi.

After read the forum, i have 1 question.

My brother its US Citizen, and he need to send 2 form I-130 (to me and my mother).

But we (my brother, me and mom) are living outside USA.

Have some problem, if he send the I-130 living outside the US??

Thanks

[Jot18]

Hi.

After read the forum, i have 1 question.

My brother its US Citizen, and he need to send 2 form I-130 (to me and my mother).

But we (my brother, me and mom) are living outside USA.

Have some problem, if he send the I-130 living outside the US??

Thanks

I didn't fully understand you but hopefully this is what you meant.
Can your brother who is a US citizen file I-130 while hes not in the US? Yes he can. He just needs to mail to USCIS but however the letters from USCIS will come to his US address. He must put his US address on the form.
However he can't stay outside of US forever. When the times come for the interview he must have been in the US and have earned income. If he stays outside of US and hasn't worked for a while and doesn't meet the income guidelines for I-864, the embassy wont issue a visa due to lack of income.

[willnj]

I didn't fully understand you but hopefully this is what you meant.
Can your brother who is a US citizen file I-130 while hes not in the US? Yes he can. He just needs to mail to USCIS but however the letters from USCIS will come to his US address. He must put his US address on the form.
However he can't stay outside of US forever. When the times come for the interview he must have been in the US and have earned income. If he stays outside of US and hasn't worked for a while and doesn't meet the income guidelines for I-864, the embassy wont issue a visa due to lack of income.

Yes. This its the question.

In the USCIS site, only says:

- "When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing"
- "you must be a U.S. citizen and at least 21 years old"
- "A copy of your birth certificate showing your name and your mother’s name" AND "A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States"

But, i called to 2 lawyer´s to ask about it, both them say to me; he only can file a petition (to me and mom) if he have tax return (IRS), and a address in US.

This is my question:

If the USCIS site don't say noting, why the lawyer say about US Address, and Tax?

[rayb]

The attorney advice you cite is not entirely correct, but this may be because they didn't understand your question or you are misstating their responses.

The I-130 can be submtted by the petitioner while outside the U.S., but he must be prepared to provide proof that he is returning to the U.S. before or at the same time as the visa applicant. There must be a U.S. destination for the visa applicant shown on page 2 of the I-130. If the petitioner does not have a U.S. tax return for sponsorship purposes, he must have evidence of liquid assets that will meet the asset-substitution requriements for sponsorship or a co-sponsor in the U.S.

--Ray B

Yes. This its the question.

In the USCIS site, only says:

- "When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing"
- "you must be a U.S. citizen and at least 21 years old"
- "A copy of your birth certificate showing your name and your mother’s name" AND "A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States"

But, i called to 2 lawyer´s to ask about it, both them say to me; he only can file a petition (to me and mom) if he have tax return (IRS), and a address in US.

This is my question:

If the USCIS site don't say noting, why the lawyer say about US Address, and Tax?

[willnj]

Thank´s All

Now he can sent the I-130 to USCIS.

But, we have more some questions:

1- To send the I-130 to USCIS, we need to pay fee of $420 before send the form? But, we dont have any number, how to pay it? And we are Outside US, how to pay?

2- I haved read the "Instructions for Form I-130" but to simplify; we need to send: US Citizen Passport Copy (he is the Petitioner); and Mom Passport (she are the Beneficiary); and the I-130 / G-1145 form to USCIS in Chicago.

3- After approval, we sent the I-864?

The attorney advice you cite is not entirely correct, but this may be because they didn't understand your question or you are misstating their responses.

The I-130 can be submtted by the petitioner while outside the U.S., but he must be prepared to provide proof that he is returning to the U.S. before or at the same time as the visa applicant. There must be a U.S. destination for the visa applicant shown on page 2 of the I-130. If the petitioner does not have a U.S. tax return for sponsorship purposes, he must have evidence of liquid assets that will meet the asset-substitution requriements for sponsorship or a co-sponsor in the U.S.

--Ray B

[Jot18]

Attach the fees in the same envelope as I-130. Don't send fees in separate envelopes it can get lost.
Take a look here for what to send.

http://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

You will send I-864 once the case gets to NVC. That can take few months.