QUESTION
Will my leaving the country affect my I-130 application?
Asked on Mar 27th, 2014 on Immigration - Texas
More details to this question:
I am a US citizen and I filed my new wife's I-130 in February. I have been offered a job in Kuwait for a one year contract.
3 ANSWERS
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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No, if you leave the US for one year, it will not affect your I-130 petition.
Answered on Apr 01st, 2014 at 6:28 PM
It should not affect it but you will need to provide the financials for the consular processing stage, at which time you'd have to show that you have a job in the US and an income, for affidavit of support purposes and also show domicile in the US, so as long as you plan to be back in the US at that time, it should be fine. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Apr 01st, 2014 at 6:15 PM
Bruce A. Coane
Generally, it won't affect an I-130, however, the sponsoring USA citizen must be a domicile of the USA for I-864 purposes, later in the process. A temporary one year assignment arguably does not affect domicile, although the government can maybe rule otherwise.
Answered on Mar 31st, 2014 at 11:09 PM