As a U.S. citizen or legal permanent resident, you can file the I-130 Petition for Alien relative on behalf of your family member even if you are living outside of the United States. It usually takes anywhere from six months to a year for the I-130 to be approved and sent to the National Visa Center. Once the approved petition is sent to the National Visa Center you will be asked to fill out certain forms certifying that you have a “domicile” in the United States. At this point you must show that you either have a “domicile” in the U.S. or you plan to return to the U.S. and make your home here at the same time the sponsored immigrant does, if not earlier.

Having a “domicile” in the U.S. is different from residing here. For example, students studying abroad are still domiciled in the U.S. as long as they intend to return to the U.S. after their studies are completed.  If you do not maintain a domicile I the U.S. you may still obtain the visa for your relative as long as you show that you plan to return to the U.S. at the same time your relative comes here.  Documenting your efforts to do this is key to obtaining the visa. If you do not currently have a domicile in the U.S. but plan to file a visa petition for your relative, you should seek the advice of an experienced immigration attorney before proceeding.