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Hi. Can I, as a US citizen, file an i-130 for my spouse, who is an Indian citizen living in India, while I am living in India under my OCI? I have substantial ties to the US including business ownership and can demonstrate residence through bank statements, utilities payments, etc. I do plan to live in the US in the future, but would like to join my wife until her paperwork is approved. Thank you.
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I discussed this with an immigration lawyer and wanted to update this thread for reference.
A US citizen living abroad with his spouse (in my case, with an OCI) can petition his spouse from abroad, but must return to the US at the time of the consular interview of the spouse (which follows NVC processing) to demonstrate domicile. -
To be specific: The US citizen must return PRIOR to the consular interview of the spouse.
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