Where to file I-130 petition?

[SultaanSidhu]

Dear Members,

I am a resident of India, married to US citizen. My wife wants to file I-130 petition for me. She is staying in India for 6 months now and we want to go to USA together (after i get my immigrant visa)
Before coming to India, she was residing in New York. We are planning to live in California now (as my brother is living there). We filled the California address as my wife's address in form I-130.
We went to USCIS New Delhi field office to file the petition and they said that the petition can not be filed from New Delhi field office as my wife's primary residence is not India. (Even though she has 5 years multiple entry visa stamped on her US passport and has 1 year residence permit issued from the Foreigners' Regional Registration Office) The USCIS official told us to send the I-130 petition documents to the Lockbox situated in USA.



It is mentioned that:
"Petitioners residing in a country with a USCIS office may send their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live."

So we are wondering If the USCIS New Delhi official has wrongly denied to accept our application at USCIS India office?

Also, will it take longer processing time if we send the petition to Chicago lockbox?

Further, if we directly send our petition to Chicago lockbox, should we mention my wife's address as our current Indian address or the California address (on form I130)?

Thanks a lot for your help. Have a nice day.

Regards,
Sultaan Sidhu

[dhira_98]

Petition was denied because of the following Reason:
"If you are a U.S. citizen legally residing in India and want to file an immigrant visa petition for an immediate relative, you can file a petition at the USCIS Office in New Delhi if you have been continuously, legally present in India for at least the 6 months prior to filing the petition. Individuals who are in the country on temporary status, such as a student or tourist do not meet this residency standard and must file an immigrant visa petition for an immediate relative in the United States. Please provide a valid email address and telephone number with STD code so we can contact you about your case."

Since your wife has 5 Year Multiple Entry Tourist visa with 1 ext. stay. This does not meet the residency requirement.

You have no other option but to file at Chicago lockbox address. The Processing time is 9-12 months (from filing time to interview date).

Since her permanent address is in California, You should use permanent address on I-130. This is the address where you will be receiving correspondence from USCIS and NVC. If she has no proof that she is living in California, then she should use NY address.


Davinder

[SultaanSidhu]

Thank you

Davinder, thanks a lot for the reply.

So now let me explain the only question that remains:

My wife has never stayed on the California address, so she does not have any address proof of that residence.
Also, the New York address is of a rented accommodation (she does have a valid driving licence (DMV) with the rented accommodation address on it). However, as she has already left the accommodation, so there will be no one to receive the correspondence from USCIS and NVC at that address. Will that cause some issues and delay the process?

Additionally, as per the information that we need to give under the biographic information form (G-325 A), she is currently living on Indian address. Viewing this and the fact that overseas applications are meant for persons residing outside USA, it seems logical to mention our current Indian address as her address on I-130. Do you think it will cause any issue in processing?

Thanks you very much again for going through all the details and clarifying our previous doubts. Have a great day.

Regards,
Sultaan Sidhu

[dhira_98]

Then I would suggest you to use California address as permanent US Address for your wife on I-130, Indian address is not permanent address because she is a tourist in India. On G325 fill in indian address as temporary address.

[osweiti50]

To: Sultaansidhu,

Do you have relative or close friend in the US whom you trust and who lives in his own house or apartment (not on rent) so she/he can allow you use his address in the US? I think this is the best option. I think you will need an address in the US, that will be asked about during the interview at the US Consulate in Delhi or else where in India.

Else your case is similar to mine where I am a US citizen but my wife is not and we are right now not living in the US, what I did, I just filed her I-130 at the Chicago Lock Box. Good luck.