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nirali

How to Prove domicile when not living in the U.S. And also regarding AOS

By nirali in India

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nirali Newbie

nirali   0

Posted
Filed: F-2A Visa Timeline
Posted (edited)

How to prove country of Domicile when not living in US?

My husband is staying in India and is permanant resident of US. He just visit US once a year for renewing his greencard since last 6 years.

In 2010 he have worked in US for around 8 months. And as I don't have visa he came back to India so we can stay together. In 2011 he has filled for my immigration visa (F2A) and also has applied for reentry permit. He have to go states back this December 2013.

My immigration filled is approved by NVC and we have also payed fees for AOS. So our main concern is that How we can prove his domicile as he have never stayed US for long period.

And what proof can we show for reestablishing his domicile. Please help.

As I have heard that consultants will reject visa if domicile is not proved. They will tell to prove domicile first by saying that tell your husband to move to states first and you have to prove domicile within one year.

But I want to go with my husband or after around 1-3 months he go. We don't want to stay apart for around 1 year.

And one more problem is regarding Affidavit of Support. He is working here in India and has not filled tax returns in US. But we recently came to know that green-card holders working aboard has to file tax returns in US. So we have started procedure of that and will file tax returns of India's income for last 2 years. So will my husband can show his India income in AOS i-864 form? And as his income will not reach to poverty guideline his Uncle will also have to fill i-864 form for AOS.

Edited by nirali
Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Your husband will need to backfile taxes. His Indian income will not count, he will either need to sponsor you on assets, find a US based co-sponsor or go ahead of you and find a job in the US. The last would be best as it also solves the domicile issue (which, he has been very luck to get away with his travel pattern and get a re-entry permit so far!). If your case has already passed NVC, then it will not be a year until your interview, more like a few months, maybe less.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

nirali Newbie

nirali   0

Posted
Filed: F-2A Visa Timeline
  • Author
Posted (edited)

If he goes in December and gets job over there. How much duration is required to prove domicile?

If my interview comes in february or march will they consider my husband's country of domicile?

Till I don't pay 230$ visa processing fee my case will not process ahead right?

Edited by nirali
  • 3 weeks later...
nilx25 Enthusiast

nilx25   18

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

If he goes in December and gets job over there. How much duration is required to prove domicile?

If my interview comes in february or march will they consider my husband's country of domicile?

Till I don't pay 230$ visa processing fee my case will not process ahead right?

I highly suggest to contact US attorney. This is not as easy situation as you think. Only US domicile can sponsor spouse to get VISA. I would contact attorney in the US and get expert opinion as your husband has to strongly prove that he will be residing in US in future. He has to prove that he will be staying in USA for long period of time and will make it permanent domicile. Please do not try to prove his domicile as he never stayed in the US because NVC has all details of how long person lives in US and outside. I would not try to make something up because they will ask for more evidence.

11/27/2013 - Priority Date

04/01/2015 - I-130 Approved

04/21/2015 - NVC received Case

04/29/2015 - DS261 filled

05/02/2015 - Case under CSPA review

06/04/2015 - Supervisor review Initiated-Wait 42 days

stevie b Proficient

stevie b   141

Posted
Filed: IR-1/CR-1 Visa Country: Fiji
 Timeline
Posted

I highly suggest to contact US attorney. This is not as easy situation as you think. Only US domicile can sponsor spouse to get VISA. I would contact attorney in the US and get expert opinion as your husband has to strongly prove that he will be residing in US in future. He has to prove that he will be staying in USA for long period of time and will make it permanent domicile. Please do not try to prove his domicile as he never stayed in the US because NVC has all details of how long person lives in US and outside. I would not try to make something up because they will ask for more evidence.

there are several threads speaking of domicile.. why is an attorney needed?

it is not about proving domicile now, it is about proving "intent to establish domicile"

two totally diff things

OP - have your lpr spouse read up on what they need to do, then take a read through the applicable threads and forums.. after a week of homework.. come back


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

 
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