Am I applying for the right visa?

[wbogard 2]

I was reading the I-864, Affidavit of Support instruction.

Part 4. Information of the sponsor (my husband)

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is

not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

B. You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

My husband has a bank account in the U.S., and we buy things online with that bank account. Also, when we buy things online (amazon, ebay), we always have them shipping to his permanent address his parents's address) and his parents ship them to us in Singapore. And obviously he is a student studying abroad for temporarily. I think he still gets tax return transcript back in the U.S..

Does my case sound less hopeless now? Thanks!

[pushbrk 12,106]

Yes that's what I concern about. Does his permanent address (his parent's address) he intends to live at after he graduates help? Because that's where I intend to live as well.

Not for a student visa or a spouse visa issued long BEFORE he intends to live there.

I was reading the I-864, Affidavit of Support instruction.

Part 4. Information of the sponsor (my husband)

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is

not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

B. You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

My husband has a bank account in the U.S., and we buy things online with that bank account. Also, when we buy things online (amazon, ebay), we always have them shipping to his permanent address his parents's address) and his parents ship them to us in Singapore. And obviously he is a student studying abroad for temporarily. I think he still gets tax return transcript back in the U.S..

Does my case sound less hopeless now? Thanks!

No. This only refers to sponsorship issues, not visa eligibility.

[wbogard 2]

Well since the purpose of the Visa is for the Alien Spouse to live with their US Citizen Spouse... Yes.

I generally only comes up in DCF Cases because by default the US Citizen is residing outside of the US.

Here is a direct link to the question & answer at the Department of State's Site.

According to the link, it says "Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future."

foreseeable future in my case will be after my husband graduates.

Is my case really hopeless?

[pushbrk 12,106]

According to the link, it says "Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future."

foreseeable future in my case will be after my husband graduates.

Is my case really hopeless?

You can be pretty confident of living together in the USA with your husband when he's ready to live in the USA. As I said before, the conflict is in your educational plans. I don't see you coming to the USA to study before your husband is ready to return. So, resolve the conflict in your educational plans and move forward with an immigration process that fits the adjusted plan. My best guess is that it will be YOU adjusting YOUR plan but what will be, will be.

[Boiler 43,430]

The Student Visa sounds the current best bet.

Even better would be to stay and study where you are and then move when your Husband is ready.

[wbogard 2]

You can be pretty confident of living together in the USA with your husband when he's ready to live in the USA. As I said before, the conflict is in your educational plans. I don't see you coming to the USA to study before your husband is ready to return. So, resolve the conflict in your educational plans and move forward with an immigration process that fits the adjusted plan. My best guess is that it will be YOU adjusting YOUR plan but what will be, will be.

I just want to study. If I get a student visa, I can wait to adjust my status until my husband is ready to return. There should be no intention of staying long in USA when I apply for a student visa. But someone mentioned my husband being a US citizen might cause a problem. The thing is I don't seem to have much proofs of strong family ties in SIngapore. I only have my husband here. It will probably a problem to apply for student visa, right?

The Student Visa sounds the current best bet.

Even better would be to stay and study where you are and then move when your Husband is ready.

Studying in Singpore is very expensive for a foreigner. I am planning to go to community college, the tuition fee for international students is not too bad.

[LBeachey 44]

How long have you been married? Is it longer than two years? In addition to your husband having to show the intent to re-establish domicile. At the two year mark of entry if married less than two years, you would have to remove conditions which might be difficult to prove if he was living in Singapore for a significant portion of that time.

The USC spouse has to establish domicile to qualify for the CR-1/IR-1 visa but how long does he have to maintain domicile after that?

[pushbrk 12,106]

I just want to study. If I get a student visa, I can wait to adjust my status until my husband is ready to return. There should be no intention of staying long in USA when I apply for a student visa. But someone mentioned my husband being a US citizen might cause a problem. The thing is I don't seem to have much proofs of strong family ties in SIngapore. I only have my husband here. It will probably a problem to apply for student visa, right?

Yes, you won't be able to show strong ties to anything but a US Citizen husband and the visa application DS160, does ask about your family. You must also show evidence you have sufficient funds to cover your first year of room and board, to even get the I-20 from the school. You need the I-20 before you apply for a student visa. You can go ahead and apply. I'm just saying your chances are slim.

Just so you know, I have a niece and nephew here studying at a community college on F1 visas, so have been through the process twice lately.

[wbogard 2]

Yes, you won't be able to show strong ties to anything but a US Citizen husband and the visa application DS160, does ask about your family. You must also show evidence you have sufficient funds to cover your first year of room and board, to even get the I-20 from the school. You need the I-20 before you apply for a student visa. You can go ahead and apply. I'm just saying your chances are slim.

Just so you know, I have a niece and nephew here studying at a community college on F1 visas, so have been through the process twice lately.

When they ask for strong family ties, what kind of proof can I use? Except having my husband in Singapore. My whole family is in HK. Can I use my hk family as family ties? How much do I need to show I have sufficient funds? My parent-in-law is going to be my sponsor. I think she should have enough money to meet the requirement. Do I still need to have lots of saving in my bank account as sufficient funds for applying for a student visa?

Right now I don't think getting an immigrant visa is a good choice for me. I would like to know how long I should apply for it in advance, so that I can move to USA with my husband? A year before the departure date?

[wbogard 2]

How long have you been married? Is it longer than two years? In addition to your husband having to show the intent to re-establish domicile. At the two year mark of entry if married less than two years, you would have to remove conditions which might be difficult to prove if he was living in Singapore for a significant portion of that time.

The USC spouse has to establish domicile to qualify for the CR-1/IR-1 visa but how long does he have to maintain domicile after that?

We are married longer than two years now. I don't think immigrant visa is an option for me since my husband won't return to USA until Dec 2013.

[pushbrk 12,106]

When they ask for strong family ties, what kind of proof can I use? Except having my husband in Singapore. My whole family is in HK. Can I use my hk family as family ties? How much do I need to show I have sufficient funds? My parent-in-law is going to be my sponsor. I think she should have enough money to meet the requirement. Do I still need to have lots of saving in my bank account as sufficient funds for applying for a student visa?

Right now I don't think getting an immigrant visa is a good choice for me. I would like to know how long I should apply for it in advance, so that I can move to USA with my husband? A year before the departure date?

A student visa is not a good choice at this time either. Your strongest ties will be deemed to be with your husband, as you obviously have immigrant intent.

Yes, start the spouse visa process about a year before you plan to immigrate. You can always apply for a student visa but I wouldn't get your hopes up too high. As I suggested before, you would be wise to adjust your education plans so that yours and your husband's plans are no longer in conflict.

[Ryan H 3,790]

When they ask for strong family ties, what kind of proof can I use? Except having my husband in Singapore. My whole family is in HK. Can I use my hk family as family ties?

When a CO is looking at strong ties, they are looking at strong ties to the country the applicant is interviewing in. Family ties in Hong Kong will not amount to a hill of beans to a CO in Singapore.

[pushbrk 12,106]

When a CO is looking at strong ties, they are looking at strong ties to the country the applicant is interviewing in. Family ties in Hong Kong will not amount to a hill of beans to a CO in Singapore.

While that is correct, the CO ties to any country don't mean a hill of beans when you're already married to a US Citizen.

If you decide to try the student visa, I would suggest having your husband and his parents write letters indicating you intend to complete an immigrant spouse visa process, before immigrating to the USA. Your husband could even file the I-130 first, so that there's evidence of same. It might work. Without it, I'd give it only the slimmest of chances.

[wbogard 2]

While that is correct, the CO ties to any country don't mean a hill of beans when you're already married to a US Citizen.

If you decide to try the student visa, I would suggest having your husband and his parents write letters indicating you intend to complete an immigrant spouse visa process, before immigrating to the USA. Your husband could even file the I-130 first, so that there's evidence of same. It might work. Without it, I'd give it only the slimmest of chances.

So my husband can file I-130 first, then I apply for student visa? How does it work? I thought the problem I was having about applying for immigrant visa was that my husband wasn't returning back to USA until the end of 2013. Did you mean just to file the I-130 to convince them that I have no intention to immigrating to the USA when I'm on student visa? And the petition might not be successful?

[wbogard 2]

A student visa is not a good choice at this time either. Your strongest ties will be deemed to be with your husband, as you obviously have immigrant intent.

Yes, start the spouse visa process about a year before you plan to immigrate. You can always apply for a student visa but I wouldn't get your hopes up too high. As I suggested before, you would be wise to adjust your education plans so that yours and your husband's plans are no longer in conflict.

Why do I obviously have immigrant intent when I apply for a student visa? Because I'm married to an American citizen?

Adjust my education plans, do you mean postponing it?

So I have read that immigrant visa usually issed six months. Can I start the immigrant visa application in june 2012 if I plan to leave Singapore in Dec 2013? I don't know how long it usually take to get approved. I'm afraid that if it takes longer than 1 year for my application to get approved.

Thanks!