Historically, a U.S. citizen living abroad with a foreign national spouse could file an I-130 Relative Petition with a USCIS office abroad and then, upon approval of the I-30 petition immediately have the foreign national spouse complete his or her “consular processing” at the U.S. consulate abroad. The U.S. citizen would re-establish domicile before the U.S. consulate interview (if that had not already been done earlier in the process). This approach often avoided long delays associated with filing an I-130 Petition with USCIS in the United States and waiting for the I-130 petition approval to wend its way to the U.S. consulate abroad. USCIS recently has indicated that it may end this practice in 2011.
U.S. Citizens Abroad to be Required to File I-130 Relative Petitions with USCIS in the U.S.
Saturday, January 8, 2011
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