File I-130 from India?

[shashank81]

I've recently had my I-485 approved and will be getting my GC in a few days. I'm getting married in India next year, so I plan to apply for a re-entry permit and return to India for a while. I understand that I may remain outside the US for up to 2 years with a re-entry permit without risking my GC become invalid. Can I file the I-130 petition for my spouse while I'm in India or do I have to remain in the US in order to file the petition?

Thanks
SB

[nilx25]

You can file but you have to prove domicile of usa. Proving domicile residency requirement is not easy because during immigration process you have to give details of your residency. If you wont be able to prove domicile, your spouse will not get visa. Check domicile requirement first