Trouble on getting married with dual citizenship

[donnie ambra 5]

Good evening,i think my case is interesting- i have two citizenships,US and Lithuanian. I have dicided to marry my long time girlfriend,so i could file I-130 for her and move both of us to USA. We want to get married in Lithuania so that our large families could be at the wedding ceremony. But when we went to local Civil department they told me that until i have lithuanian passport,I MUST get married as lithuanian citizen,they won't accept US passport.. My question is- if we will get married as lithuanian citizens,will i be able to file I-130 for my spouse?

[aaa2zzz 27]

Yes. Just remember you have to show that you are or will be living in the USA.

I enjoyed my stay in Kaunas about 15 years ago.  

[donnie ambra 5]

2 minutes ago, aaa2zzz said:

Yes. Just remember you have to show that you are or will be living in the USA.

I enjoyed my stay in Kaunas about 15 years ago.  

Thanks,but how can i show that i will be living in the USA? Evidence or written statement of some sort?

[s + j 71]

Send in a copy of your citizenship/naturalization certificate along with a copy of your other passport :-) I'm sure that'd be just fine.

[geowrian 22,335]

Just now, donnie ambra said:

Thanks,but how can i show that i will be living in the USA? Evidence or written statement of some sort?

http://www.nolo.com/legal-encyclopedia/what-is-your-domicile.html

 

See the "Establishing a New Domicile" section. That said, I don't know what's involved in becoming a Lithuanian citizen. Just be sure it doesn't require renouncing any other citizenship.

[JFH 12,189]

You must provide evidence of your intention to re-establish domicile in the US. Applying for jobs, organismic somewhere to live, having a bank account here, and so on are all examples of what you can do to demonstrate this. You have some time to work on this whilst the I-130 is being adjudicated. They won't take a statement. They want actions, not words. Have you been filing taxes whilst you've been overseas? You'll need to make you are up-to-date with those. Also, have you considered the financial requirements? You may need a joint sponsor. 

[aaa2zzz 27]

I am going through this very issue right now. You have to show "domicile" in the USA. Domicile is not the same as residence. Residence is where you live, domicile is your home. In order to bring your wife, you have to provide an affidavit of support (even if you get a joint sponsor) and an AOS is not valid unless the provider is domiciled in the USA.

Evidence would be

you have a job in the USA, or you are US military or work for the US government and are going to be transferred back

you own a home (deed) or are renting (lease agreement)

You have children in school in the USA (grade reports)

You belong to local civic groups or clubs

 

 

 

[donnie ambra 5]

18 minutes ago, JFH said:

You must provide evidence of your intention to re-establish domicile in the US. Applying for jobs, organismic somewhere to live, having a bank account here, and so on are all examples of what you can do to demonstrate this. You have some time to work on this whilst the I-130 is being adjudicated. They won't take a statement. They want actions, not words. Have you been filing taxes whilst you've been overseas? You'll need to make you are up-to-date with those. Also, have you considered the financial requirements? You may need a joint sponsor. 

I haven't be able to show this documents,since i don't live in US since 2007.How about if i'll file documents for her to get fiance visa and get married in US? Do i still need to provide evidence of my intention to re-establish my domicile in US?

[geowrian 22,335]

8 minutes ago, donnie ambra said:

I haven't be able to show this documents,since i don't live in US since 2007.How about if i'll file documents for her to get fiance visa and get married in US? Do i still need to provide evidence of my intention to re-establish my domicile in US?

Yes, you can do that, but showing intent to re-establish domicile is still required (but actual domicile is not required like the CR-1 process, due to the I-864).

 

The difference is the K-1 process uses the I-134 (affidavit of support), which doesn't require you to be a sponsor. So anybody with US domicile can act as a sponsor. Once back in the US and you file for AOS, the I-864 is still needed, but by then you will have residence within the US, so you will be permitted to sponsor. Just keep in mind K-1 is a more expensive process overall since it requires AOS after marriage, and there's that period of time where the beneficiary cannot work within the US or travel abroad (EAD + AP takes about 90 days for approval).

Edited February 20, 2017 by geowrian

[JFH 12,189]

8 minutes ago, donnie ambra said:

I haven't be able to show this documents,since i don't live in US since 2007.How about if i'll file documents for her to get fiance visa and get married in US? Do i still need to provide evidence of my intention to re-establish my domicile in US?

So where were you planning to live when you get there? How will you support yourselves? With a K-1 visa your fiancé won't be able to work for several months. Would you be able to afford that? 

[donnie ambra 5]

19 minutes ago, JFH said:

So where were you planning to live when you get there? How will you support yourselves? With a K-1 visa your fiancé won't be able to work for several months. Would you be able to afford that? 

My plan is to file documents for her,then i will move to US,until her documents gets approved i will get a job,rent apartment and so on.Just not sure which case will fit us better,fiance I-129f or spouse I-130?

[donnie ambra 5]

28 minutes ago, geowrian said:

Yes, you can do that, but showing intent to re-establish domicile is still required (but actual domicile is not required like the CR-1 process, due to the I-864).

 

The difference is the K-1 process uses the I-134 (affidavit of support), which doesn't require you to be a sponsor. So anybody with US domicile can act as a sponsor. Once back in the US and you file for AOS, the I-864 is still needed, but by then you will have residence within the US, so you will be permitted to sponsor. Just keep in mind K-1 is a more expensive process overall since it requires AOS after marriage, and there's that period of time where the beneficiary cannot work within the US or travel abroad (EAD + AP takes about 90 days for approval).

Will she able to get at least drivers license during that 90 day period?

[geowrian 22,335]

Just now, donnie ambra said:

Will she able to get at least drivers license during that 90 day period?

It depends on the state...I don't know CA's driving laws, sorry. But I do believe they are on the more lenient side in terms of what is required. Some states will let you get one, but it expires at the end of the K-1 visa, so you need a new one once you get the NOA1 from AOS.

[donnie ambra 5]

1 hour ago, JFH said:

You must provide evidence of your intention to re-establish domicile in the US. Applying for jobs, organismic somewhere to live, having a bank account here, and so on are all examples of what you can do to demonstrate this. You have some time to work on this whilst the I-130 is being adjudicated. They won't take a statement. They want actions, not words. Have you been filing taxes whilst you've been overseas? You'll need to make you are up-to-date with those. Also, have you considered the financial requirements? You may need a joint sponsor. 

I have bank account in Lithuania with large amount in savings,will that be enough for them? or still have to provide filed US tax copies?

Edited February 20, 2017 by donnie ambra

[donnie ambra 5]

8 minutes ago, donnie ambra said:

Will she able to get at least drivers license during that 90 day period?

If that's the case,i have only one option-to file K-1 fiance visa

Do i have to file I-134 in the beginning when file I-129k,or they will ask me that later during later process ?