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I found this on internet about the i130 form to ask for my brother that is foreign, i live abroad i am american can you help

Miami, FL |

You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United StatE

WHAT CAN I DO SINCE I LIVE ABROAD AND MY HUSBAND OWNS A HOUSE ABROAD WHAT CAN I DO CAN I APPLY WHAT ABOUT THE AFFIDAVITT, WE HAVE A BUSINESS ABROAD HOW DO WE DO THIS CAN WE HELP MY BROTHER PLEASE HELP

Attorney Answers 3


  1. You may be able to file the I-130 while living abroad, but will need to live in the United States when your brother applies for the immigrant visa--once his priority date becomes current. At present, it takes many years for a petition for a sibling to become current, so it may make sense so file the petition now and see where you live when it becomes current. You should consult an experience immigration attorney to discuss the specifics of your case in detail.


  2. I agree with my colleague you can file an I-130 petition while living abroad; however its 4th preference category which will be a long wait.

    Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.


  3. The domicile requirement will not become an issue in the case until the priority date is current which is likely 12-15 years away. You can worry about the requirement then. At this point, I'd file the I-130 and get the clock ticking. You can reevaluate the law when his priority date is current. Restablishing domicile isn't that difficult.

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