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Re establishing domicile in USA

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Filed: Country: South Africa
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Hi Vjers,

Is it necessary for my wife the USC to visit USA prior my immigrant visa application whose its petition was approved recently under a week notwithstanding that my sister whom her address we filled as a place our stay is about to send us a Lease agreement and Affidavit of support.Would securing a lease agreement and evidence of filing back federal tax returns amount to Re established domicile? She has been living here in South Africa for over 12 years and with a dual citizenship status.

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Filed: Citizen (pnd) Country: Peru
Timeline

Hi Vjers,

Is it necessary for my wife the USC to visit USA prior my immigrant visa application whose its petition was approved recently under a week notwithstanding that my sister whom her address we filled as a place our stay is about to send us a Lease agreement and Affidavit of support.Would securing a lease agreement and evidence of filing back federal tax returns amount to Re established domicile? She has been living here in South Africa for over 12 years and with a dual citizenship status.

In my opinion, just having a apartment lease and back taxes is not sufficent to prove re-domicile. You should be able show documents that indicate you are "living or will be" in the USA. All of the items listed below would have your address in the US to show you are or will be living there. I had all of these things for my interview but you might need or be able to get them all

Typical items help show this:


    • Apartment lease
    • Bank statements
    • Credit card statements
    • Cell phone bills
    • Voter's identification
    • Vehicle ownership (title and/or registration
    • Vehicle insurance
    • Medical insurance
    • Drivers license
    • Mail addressed to you (magazines,etc)
    • Registration for kid's school

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Not to disagree with needing all the above listed items, but my Thai wife was approved for a CR1 visa last September with my showing just an intent to reestablish USA domicile, which is allowed under USA immigration rules, by having a lease on a house owned by my nephew and the price was listed as $1. That was my only evidence as I had lived and declared my domicile as Thailand for the previous 3 years. Good luck!

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Filed: Country: South Africa
Timeline

Not to disagree with needing all the above listed items, but my Thai wife was approved for a CR1 visa last September with my showing just an intent to reestablish USA domicile, which is allowed under USA immigration rules, by having a lease on a house owned by my nephew and the price was listed as $1. That was my only evidence as I had lived and declared my domicile as Thailand for the previous 3 years. Good luck!

Thanks for your encouragement. Is it neccessary to include a paid ticket of my wife and a lease as an intent to reestablish domicile?

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The only thing we had to reestablish my domicile was the lease from my nephew in California. The Immigration instructions advise not to make any final reservations for travel before receiving the visa, so a paid ticket is not required.

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Filed: Timeline

Not to disagree with needing all the above listed items, but my Thai wife was approved for a CR1 visa last September with my showing just an intent to reestablish USA domicile, which is allowed under USA immigration rules, by having a lease on a house owned by my nephew and the price was listed as $1. That was my only evidence as I had lived and declared my domicile as Thailand for the previous 3 years. Good luck!

We've found it's very Consulate/Embassy-specific. At the Consulate in Montreal you are put through the ringer and need crazy evidence, while at others... such as yours... you are good to go with barely anything at all.


iagree.gif

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Filed: Country: South Africa
Timeline

We've found it's very Consulate/Embassy-specific. At the Consulate in Montreal you are put through the ringer and need crazy evidence, while at others... such as yours... you are good to go with barely anything at all.

Thanks very much. My plan is to save money otherwise I thought of my wife travelling to USA prior my submisssion of Visa Application.

We can mangae to gather the followings without going there...

1.Lease agreement

2.Bank Account.

3.evidences of filing back taxes

4.Affidavit of support

5.Confirmed travel ticket of both of us.

What are your suggestions.....

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Filed: Citizen (pnd) Country: Peru
Timeline

Thanks very much. My plan is to save money otherwise I thought of my wife travelling to USA prior my submisssion of Visa Application.

We can mangae to gather the followings without going there...

1.Lease agreement

2.Bank Account.

3.evidences of filing back taxes

4.Affidavit of support

5.Confirmed travel ticket of both of us.

What are your suggestions.....

Being resident outside the US for 3 years is very different from being non-resident for 12 years.

You could strengthen your packet by adding in correspondence/applications for US jobs. Do you have kids? Will they be in school? You could put in correspondence with schools regarding enrollment. Will either of you be studying? If so, the same would apply.

Your embassy may be fine with it, they may not. If you get a request for more evidence, the USC can always travel ahead of the immigrant and set up residency for a few weeks and the immigrant can return to the embassy. There's no need for the USC to be at the interview necessarily. He/she can travel beforehand to establish residency, in other words.

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