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laybumoni

US domilcile for CR1/IR1

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I am a US citizen (Indian origin) and I am going to apply for CR1 for my wife living in Bangladesh, who is a citizen of Bangladesh.

As I realize this is going to take quite some time (from filing I-130 to receiving visa), I am thinking to take one year of "leave of absence" from my work during which I shall stay in Bangladesh with her. I shall go there after filing the I-130 in USA.

So I have some questions to you all whether it's possible to do it or not. Following is some information which would help you to understand my situation:

1. During the "leave of absence", I will be an employee of my company, but not be in the payroll. This is leave without pay. After one year, hopefully when my wife gets visa, I shall return to US bringing her and can join back to my job.

2. Is there a provision to put a separate mailing address (of my friend may be) who will receive all the NOAs coming from USCIS, NVC as I want to leave right after filing the I-130. This way I am aware what's happening. I will not be working through any attorney.

3. I own a house in USA. I owned this since 1999 and I have 15 more years remaining to pay off the mortgage. Can this be shown as a proof of "domicile" even though I might be out of USA?

3. Even though I would be on leave without pay and will reside outside of US, I shall continue filing my tax return in US including pay tax for my house, and others relevant taxes etc.

4. My house equity value is US$75,000. How much of it can I use for "affidavit of support"?

That's all folks, for now. I am new in this journey, so appreciate if you could guide me along. Wish me luck!

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Hello,

I have successfully got past this point myself, but I'll share what I have learned this far and maybe other will pipe in.

I am living and have been living overseas of the past 7 years. My husband just had his interview for CR-1 yesterday. The only problem they had was my evidence of domicile.

Mine is harder than yours because you are stilling living in the States and will only be out of the States for a few months. Extended times - say 7 years - is a tad harder.

What they primarily are looking for is that our spouse does not come to the States without financial support and get on Social Security. (The Official said that in about those words to my husband).

They want to see that you have money (I-864) and that you have a permanent job waiting for you in the States that will continue to supply that money inflow which will support your wife. Proving you have a significant amount of money is not enough. They want to see that it will continue when you return to the States.

You have this in your favor, because your job is in the States. All you need, I would think, is a letter from your job stating when the leave of absence will end and what you will return as a full employee at such a date. Most people living overseas have jobs outside the States which makes it harder to prove that their job will continue or be secure once they move back to the States.

Having a house is a great proof of domicile. Definitely use it.

As for using your house in your I-864, you can. Check out the form, first. It asks for your income. If your income is not over 125% of the poverty line (which is required) you can claim possessions, i.e. cars, house, etc. as proof of support. There are stipulations so check out the forms yourself first, like you can't claim your primary car, but any secondary cars. Houses you can. They are looking for a certain amount per year for the first 5 years your wife is in the States. So if you are under the 125% they want to see - say - by 30% per year, then they want to see that amount times 5 (per each year of the I-864 contract) in possessions. (Does that make sense?)

There's a start anyway.

Good luck.

Jasa

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