Filed IR-1 and thinking to work outside USA

[shbjohn 0]

Hi, I filed for IR-1 and I am thinking of working from outside US so that I can be with my Spouse becuase not sure how long it takes to get the GC. I am planing to take 12 months transfer and then return back with after the transfer period with the same company. I have couple of questions.

1. Domicile requirement (I own a house in US and planing to rent it out when i move out of the country) will this be problem?

2. Affadavit of Support , since I will be paid in foriegn currency when i am working outside Unted States, could this be a potential issue?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[lost_at_sea 995]

Are you still going to be paid by a US company? I don't think the currency matters, but I've not come across that specifically to know. I'm sure someone else will chime in. You'll need to show earnings in the US, though, to be the financial sponsor (or have enough savings instead). I'm a little confused - it sounds like you're just going to take an assignment from your employer and keep working for the same people though? If so, that shouldn't be an issue. My husband is doing something very similar - he's on an "assignment" in the UK for a fixed, temporary term. He's still paid in USD, however, as a US employee (they then pay him some extra to pay for exchange costs and some other adjustments like having to pay tax twice!).

http://travel.state.gov/visa/immigrants/info/info_3183.html This page explains domicile requirements and some other bits and bobs. If you can show your stay abroad is only temporary, then your domicile requirement should be met. This sounds very much like you:

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

[shbjohn 0]

Thanks a lot for the information. I will be working for the same company but in India as Indian Employee but only for short duration and will be paid in local currency.

Are you still going to be paid by a US company? I don't think the currency matters, but I've not come across that specifically to know. I'm sure someone else will chime in. You'll need to show earnings in the US, though, to be the financial sponsor (or have enough savings instead). I'm a little confused - it sounds like you're just going to take an assignment from your employer and keep working for the same people though? If so, that shouldn't be an issue. My husband is doing something very similar - he's on an "assignment" in the UK for a fixed, temporary term. He's still paid in USD, however, as a US employee (they then pay him some extra to pay for exchange costs and some other adjustments like having to pay tax twice!).

http://travel.state.gov/visa/immigrants/info/info_3183.html This page explains domicile requirements and some other bits and bobs. If you can show your stay abroad is only temporary, then your domicile requirement should be met. This sounds very much like you:

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

[NikLR 13,227]

If the job continues in the USA then it's okay, but if it doesn't then you'll need to find a joint sponsor or return with enough time to the USA to establish your job again for the AOS.