# Please confirm my GC process for petitioning for my Spanish husband while in Spain



## juliamm (May 25, 2015)

Hi everyone! After doing a lot of research I would really appreciate if someone could confirm the process that I have for applying for an immigrant visa while NOT in the US.

We (Spanish husband & American wife) were married in the States but have been living in Spain for the past year. We are STUDENTS so we will need support from my US parents.

We will:
1. Fill out form I-130 and send with payment of $420
2. Fill out two G-325 forms (one for each of us)
3. Fill out G-1145 for electronic notification

We will send the forms to either Rome, Italy (Spain is under its jurisdiction) or to Chicago or Phoenix (not sure which one when my US address is in Idaho). Then we will wait for a response from the National Visa Center.

***Should we send the two I-864 forms (Affidavits of Support) along with those previous forms or wait for a response? We will surely be denied if we don't send it to be begin with***

Once we receive a response:
4. We will send additional forms required
5. Go for an interview (in Madrid I hope)
6. Hopefully be granted the immigrant visa
7. Travel to the states and within 45 days receive a green card
8. Finally, after two years of marriage we will fill out I-751 form to change his status and pay an additional $590

I think I've got it down but any help is appreciated! We especially need help in terms of getting a translator for his birth certificate, where we should send the forms (Rome, Chicago, or Phoenix) and how we should send them (send everything to my parents who can send all the forms along with the check payment together or send them from Spain).

THANK YOU!


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## Crawford (Jan 23, 2011)

Are you both legally residing in Spain? i.e not just on vacation?

One has to be legally resident in country in order to apply for immigration to States from that country.


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## juliamm (May 25, 2015)

Crawford said:


> Are you both legally residing in Spain? i.e not just on vacation?
> 
> One has to be legally resident in country in order to apply for immigration to States from that country.


Yes, he is a legal resident of Spain.


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## Crawford (Jan 23, 2011)

Are you a legal resident of Spain? i.e living there on visa/residency permit.

The I-864 form is remitted once the petition for a visa application is accepted, so does not go with the I-130


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## BBCWatcher (Dec 28, 2012)

juliamm said:


> We will:
> [....]
> 2. Fill out two G-325 forms (one for each of us)


No, that's not correct. You need to use Form G-325*A*, not G-325. That's clearly spelled out on page 3 of USCIS's instructions for Form I-130. Also please make sure you understand who is the petitioner and who is the applicant/immigrant when you're filling out those forms.



> We will send the forms to either Rome, Italy (Spain is under its jurisdiction) or to Chicago or Phoenix (not sure which one when my US address is in Idaho).


No, that's not correct. Only residents of Italy can use Direct Consular Filing in Rome. If you're a resident of Spain you have to use USCIS's Chicago mailing address unless there are exceptional circumstances. All of this is explained carefully on USCIS's Web site.

USCIS's Phoenix address is only for residents of several U.S. states including Idaho. Residence does not simply mean "where I have another mailbox."



> ***Should we send the two I-864 forms (Affidavits of Support) along with those previous forms or wait for a response?


No. (I think this question was answered already.) Follow USCIS's instructions, carefully. If they don't say to do something, don't do it.



> ....how we should send them (send everything to my parents who can send all the forms along with the check payment together or send them from Spain).


Why wouldn't you send everything directly from Spain to USCIS in Chicago? If there's a stop in Idaho it would only add delay, wouldn't it?


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## Crawford (Jan 23, 2011)

Sorry, I was asking if YOU, the US citizen, were legally resident in Spain, as I believe you can only submit application if you are legally resident in another country as opposed to just visiting there.

As you are both students and using your parents as a mail box not sure what your residency is in Spain.


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## BBCWatcher (Dec 28, 2012)

It doesn't particularly matter, Crawford. USCIS will take the petition in Chicago, especially if it's postmarked from Spain (as it should be, in my view, to avoid unnecessary delay). It's only DCF where they get a bit fussy, and DCF is not an option.


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## juliamm (May 25, 2015)

> Why wouldn't you send everything directly from Spain to USCIS in Chicago? If there's a stop in Idaho it would only add delay, wouldn't it?


Because they need a check from a US bank account and I don't have my checks here with me in Spain. So, paperwork must first go to Idaho so that it can all be sent with a check.


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## juliamm (May 25, 2015)

Thanks guys. Yes, I found everything eventually online but it wasn't very clear at first. I must send the forms first to Idaho so that a US check can be sent with the forms instead of going through banks here in Spain (it will just be a lot easier). Also, it doesn't matter whether I am a resident of Spain or not according to the I-130 form instructions. I simply need to prove that I am a US citizen with my birth certificate, passport, etc.

Another question I have, which I thought was not stated on the I-130 form very clearly, is if I need to send his birth certificate translated into English. On the I-130 instructions is seems to only state that we would need to send birth certificates of any children if we had any.


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## BBCWatcher (Dec 28, 2012)

Assume yes, English, but that should be quite easy for Spain. My understanding is that Spain can generate an "international format" birth certificate -- very nearly a Europe-wide standard -- that includes English labels.


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## twostep (Apr 3, 2008)

Crawford said:


> Sorry, I was asking if YOU, the US citizen, were legally resident in Spain, as I believe you can only submit application if you are legally resident in another country as opposed to just visiting there.
> 
> As you are both students and using your parents as a mail box not sure what your residency is in Spain.


Crawford - the sponsor's residence does not matter unless filing for DCF which is not applicable in Spain. OP holds a US passport. Everything else is a matter of paper work and patience.


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