K1 visa and domicile

[ggsacks 82]

Hi all

First of all thanks for collectively being such a great resource. With great thanks to the people here, we've filed our I-129F and received NOA1.

I'm just looking for clarification on domicile requirements now. We'll be using a co-sponsor as my American fiance is living with me in New Zealand temporarily (he arrived a month ago) until we return to the US.

We made a decision ages ago that we couldn't wait in uncertainty any more for a ruling on DOMA, and that he would make arrangements to come to New Zealand - on a temporary basis if there was a ruling in our favour, or more permanently if there wasn't.

He has given up his apartment and full time job in the US (he is also a self employed writer), but has kept all of his furniture in a storage unit in New York. Our intention, should everything go to plan, is to travel to the States in late February to coincide with his best friend's wedding - they're going on honeymoon so their house will be empty for a month, giving us a place to stay while we get ourselves sorted again.

Any suggestions on what we can do to prove domicile would be really helpful.

Thanks!

[Ning 619]

Hi all

First of all thanks for collectively being such a great resource. With great thanks to the people here, we've filed our I-129F and received NOA1.

I'm just looking for clarification on domicile requirements now. We'll be using a co-sponsor as my American fiance is living with me in New Zealand temporarily (he arrived a month ago) until we return to the US.

We made a decision ages ago that we couldn't wait in uncertainty any more for a ruling on DOMA, and that he would make arrangements to come to New Zealand - on a temporary basis if there was a ruling in our favour, or more permanently if there wasn't.

He has given up his apartment and full time job in the US (he is also a self employed writer), but has kept all of his furniture in a storage unit in New York. Our intention, should everything go to plan, is to travel to the States in late February to coincide with his best friend's wedding - they're going on honeymoon so their house will be empty for a month, giving us a place to stay while we get ourselves sorted again.

Any suggestions on what we can do to prove domicile would be really helpful.

Thanks!

Type domicile in the search block in the upper right corner.

[ggsacks 82]

Type domicile in the search block in the upper right corner.

Yes, thanks, I have.

My question still stands.

[rjbntsk 5]

Hi, we are in a similar situation as we're both living and working in Oz - basically from what I've read on this site is that the Consulates in NZ and Australia are pretty understanding.

If your USC fiance has a US driver's license that is still valid, plus some sort of US address to use as an initial base (a relative or a good friend), that is helpful.

Ideally your USC fiance would have some sort of job offer, otherwise the self-employed typically show 3 last tax returns. Alternately if he has enough assets, that also can work.

In our situation, I still have an AZ driver's license and am using my nephew's address in AZ (with his permission, haha), plus I still have bank accounts in the US that go to his address. Anything like that helps as well.

Good luck!

[ggsacks 82]

Hi, we are in a similar situation as we're both living and working in Oz - basically from what I've read on this site is that the Consulates in NZ and Australia are pretty understanding.

If your USC fiance has a US driver's license that is still valid, plus some sort of US address to use as an initial base (a relative or a good friend), that is helpful.

Ideally your USC fiance would have some sort of job offer, otherwise the self-employed typically show 3 last tax returns. Alternately if he has enough assets, that also can work.

In our situation, I still have an AZ driver's license and am using my nephew's address in AZ (with his permission, haha), plus I still have bank accounts in the US that go to his address. Anything like that helps as well.

Good luck!

Thanks

He still has a US bank account which we plan to transfer money into ahead of the move back. His mail is redirected from his old apartment in New York to his parents' place in Washington (which is also what we used as the address on the I-129F). He doesn't drive, being a north Brooklyite, but has a valid New York State ID, as well as all his furniture in storage in Brooklyn (for which the bills are being sent to the Washington address).

Unfortunately he hasn't been able to work here yet so we are fast running out of money, which means he's unlikely to be able to travel back to the States to reestablish himself before my interview. Given that we likely won't be heading back until 3 or so months after the interview, I'm sure his chances at having a job lined up already are slim.

[ggsacks 82]

The reason I am asking here after looking through tons of information already on the forums is, well, because I'm still unclear how this works. I'm sure you'll all appreciate how confusing this whole process can be, and how much conflicting information there is.

For instance, a lot of posts seem to suggest that proof of domicile is not required for the K-1 and is only an issue for IR-1/CR-1. An equal number of posts say that it is a requirement. I'm trying to get a definitive answer on what is required of us, and at what point we need to show it.

Thanks so much.

[uab1969 20]

Similar question, I am a USC & live in Spain with a Russian girlfriend who has legal Spanish residency.I've been here for about 5 years, with trips back to the US 2 or 3 times a year.

We plan on getting married soon, and my interest is when I file the I-130 and it asks for my address, I am planning to put my Spanish mailing address, even though my "official address" (at my daughter's home) is listed with my Soc Sec, Medicare, and all my bank accounts. When I get the I-864 proof of domicile, I plan on putting my daughter's address, even though it is different than the one I put in the I-130 (Spain). The reason I want to put the Spanish address on the I-130 is so that I can receive all the mailings here before we get to the NVC and interview stage. Will this "different address" situation be a red flag? Or does the NVC not really have access or see the I-130 to know what address I put in??

And just exactly what comes in the mailings from the USCIS for NOAs etc, if it is just notifications, I can just put my daughter's address, and not worry that she has to send the letters/packages here to Spain for me to see, especially if I can access the time-lines via the internet. And she can tell me on the phone the content and/or scan them and send them via email.

What kind of issues will I encounter having to prove domicile, having used my daughter's address?

Thanks everyone.