Need Help For K1 Vs CR1

[phil09 8]

Phil, if you have time please read this thread because it is pretty much what I am planning, but the result is not good. Now I worried about doing it the way we discussed::

http://www.visajourney.com/forums/topic/458131-denied-visa-at-interview/

The lady in that thread did not submit sufficient proof that she would be re-establishing her domicile in the US.

Download the "I-864 Instructions" document from the link below. Then go to the "Information on the Sponsor/Country of Domicile" section. It starts at the bottom of page 3.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Again, I do not know all the details of your current situation, but I think if you sign a lease in the US just prior to your wife's interview in Spain, you would meet USCIS' requirements for re-establishing domicile. If you haven't voted in the past few years, I suggest you do so via absentee ballot in the next elections.

Edited October 7, 2013 by phil09

[uab1969 20]

You noted, "Again, I do not know all the details of your current situation, but I think if you sign a lease in the US just prior to your wife's interview in Spain, you would meet USCIS' requirements for re-establishing domicile. If you haven't voted in the past few years, I suggest you do so via absentee ballot in the next elections."

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Don't you think it would be better if I use my daughter's address in the I-864 (rather than find a rental in CH) because ALL my important addresses use hers, for instance my Soc Sec address of record, my Government Medicare, my United Health Medicare Advantage policy, all my banks, my address on my IRS filing for last year (although prior years IRS address of record was in Jupiter FL), I voted absentee ballot (but in the Jupiter address), all my credit cards, I have a Drivers License but it is also from FL not due to expire until Dec 2014. So it's obvious, at least to me, I _DO_ have intent to re-establish my/our domicile in the USA. I also have a US mobile phone that I use when in the USA that is currently on contract and paid (Net10), I have an active internet ph number (Magic Jack) from the Chicago area for years (now used for all my CCs, government contact records etc, still active). My actual living abroad with her has been basically staying a length of time, and then ALWAYS returning to visit family and friends in the US....would be telling the COF the truth, as it really is without any kind of attempt to shade the answers.

Put my daughter's address down, and say I will be staying with her and family until I find a rental flat. One question, does the NVC even have a look at my I-130 at all, or does the USCIS simply approve it and sends only their approval to the NVC? Because if they don't, then there should be no worry that my mailing address on the I-130 is different than what I will put on the I-864.

Also I am reading that putting my Spanish address in the I-130 will kind of "expedite" in some way the process, instead of putting down a US address...have you heard anything like that?

In the I-864 at the beginning it asks for the Principal Immigrant's Mailing Address, I assume this is her current address in Spain, correct?

Then on down the page it asks for Sponsor's Mailing Address as well as the Place of Residence Address...do I use the US address for both of those, or use the Mailing Address here in Spain and the US address for Place of Residence?? Not understanding if they want to make sure I have domicile in the US why they ask for Mailing Address as well as Place of Residence Address.

Edited October 7, 2013 by uab1969

[phil09 8]

1. Don't you think it would be better if I use my daughter's address in the I-864 (rather than find a rental in CH) because ALL my important addresses use hers, for instance my Soc Sec address of record, my Government Medicare, my United Health Medicare Advantage policy, all my banks, my address on my IRS filing for last year (although prior years IRS address of record was in Jupiter FL), I voted absentee ballot (but in the Jupiter address), all my credit cards, I have a Drivers License but it is also from FL not due to expire until Dec 2014.

2. So it's obvious, at least to me, I _DO_ have intent to re-establish my/our domicile in the USA. I also have a US mobile phone that I use when in the USA that is currently on contract and paid (Net10), I have an active internet ph number (Magic Jack) from the Chicago area for years (now used for all my CCs, government contact records etc, still active). My actual living abroad with her has been basically staying a length of time, and then ALWAYS returning to visit family and friends in the US....would be telling the COF the truth, as it really is without any kind of attempt to shade the answers.

3. Put my daughter's address down, and say I will be staying with her and family until I find a rental flat. One question, does the NVC even have a look at my I-130 at all, or does the USCIS simply approve it and sends only their approval to the NVC? Because if they don't, then there should be no worry that my mailing address on the I-130 is different than what I will put on the I-864.

4. Also I am reading that putting my Spanish address in the I-130 will kind of "expedite" in some way the process, instead of putting down a US address...have you heard anything like that?

5. In the I-864 at the beginning it asks for the Principal Immigrant's Mailing Address, I assume this is her current address in Spain, correct?

6. Then on down the page it asks for Sponsor's Mailing Address as well as the Place of Residence Address...do I use the US address for both of those, or use the Mailing Address here in Spain and the US address for Place of Residence?? Not understanding if they want to make sure I have domicile in the US why they ask for Mailing Address as well as Place of Residence Address.

1. Yes. To keep things simple, use your daughter's address on the I-864 and DS-260.

2. It does not matter what we believe. The only thing that matters is what the Consular Officer thinks. If he thinks you're trying to pull a fast one on him, he will either deny you or put your application in "administrative processing" (aka limbo-land), where you can spend years waiting for an answer. There is always an element of luck in these interviews. I have handled cases that I thought would go through like a hot knife in butter, getting delayed. Other cases which I was really antsy about, sailed right through.

3. I don't know if the NVC scrutinizes the I-130s that are passed on by USCIS.

4. I've never heard of that. I suspect it's an urban legend.

5. Correct.

6. Place of Residence= your US domicile, so either your daughter's address, or a place in C-H (whichever way you decide to go).

Sponsor's Mailing Address= use either your daughter's address or your address in Spain, as long as you can receive mail there reliably.

The reason there are both on the form is because some sponsors may have a permanent address in addition to a mailing address: members of the military who are assigned a duty station in NY but whose permanent home is in FL, or college students who go to school in a different state than where their home is.

[NikLR 13,220]

NLR, you said "Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case. "

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Why would me listing an abroad address as mine (living with her in Spain) "speed up my case?"

Thanks

i don't know if anyone actually explained during the thread but often there as been "auto expedited" cases for the people who file abroad. You can search this on the forum. Each time the I-130 process changes we take a new tally on if it's happening or not. We'll have to wait and see for Kansas.

As for your DS-230 - it's no longer ds-230 but is a ds-260 and is for the foreign spouse so the address on there should be abroad. The address on the I-864 can be from the USA, however, don't lie that you live somewhere you don't... The intent to reestablish domicile is fairly universal between embassies but some can be more difficult than others (for instance Montreal is a stickler for domicile because Canada really is right next door to the USA.) However, if you haven't filed the I-130 yet, you have at least 2-4 months, likely closer to 6-8, before you need to really be worried about it. That's lots of time to get the evidence prepared that you need.

This process is long, don't put your cart before the horse.

Edited October 8, 2013 by NLR

[uab1969 20]

i don't know if anyone actually explained during the thread but often there as been "auto expedited" cases for the people who file abroad. You can search this on the forum. Each time the I-130 process changes we take a new tally on if it's happening or not. We'll have to wait and see for Kansas.

As for your DS-230 - it's no longer ds-230 but is a ds-260 and is for the foreign spouse so the address on there should be abroad. The address on the I-864 can be from the USA, however, don't lie that you live somewhere you don't... The intent to reestablish domicile is fairly universal between embassies but some can be more difficult than others (for instance Montreal is a stickler for domicile because Canada really is right next door to the USA.) However, if you haven't filed the I-130 yet, you have at least 2-4 months, likely closer to 6-8, before you need to really be worried about it. That's lots of time to get the evidence prepared that you need.

This process is long, don't put your cart before the horse.

So, NLR, are you saying that if I put my daughter's address (which is actually my address of record and where I stay when visiting th US - while I am here in Spain and is included on ALL of my government, Medicare, health insurance, bank and credit card profiles) on the I-864 in the Mailing and Residence address parts would be construed as a "lie" by the COF. That better I should put my Spain address there instead?

I understand about the cart and horse, I'm just trying to get all my ducks in a row in my pea-brain before I embark on this process.

Thanks for your attention in responding.

[NikLR 13,220]

So, NLR, are you saying that if I put my daughter's address (which is actually my address of record and where I stay when visiting th US - while I am here in Spain and is included on ALL of my government, Medicare, health insurance, bank and credit card profiles) on the I-864 in the Mailing and Residence address parts would be construed as a "lie" by the COF. That better I should put my Spain address there instead?

I understand about the cart and horse, I'm just trying to get all my ducks in a row in my pea-brain before I embark on this process.

Thanks for your attention in responding.

Is it your address? It sounds like it is, so yes. But at the same time, you're living in Spain are you not? For domicile purposes, if there is where you intend to live, where all your american details are centralized at, then by all means, use that address.

But remember you're also living in Spain. So for the I-130 put down your Spanish address. For the I-864 (in 6-12 months from now) use your US address for your intent to reestablish domicile for the I-864. Keep in mind that if you do not have a US source of income, you may need a joint sponsor.

Again, however, you are putting the cart before the horse. Deal with the I-130 and that issue first. Then you have months in which to prepare for the next stage of the game.

There is a saying I remember from when I trained horses. "Inch by inch it's a cinch; yard by yard it's very hard." Basically take your progress, do all the steps, and you'll find it easier. Try to take it all in at one time and you'll burn yourself out before you get to the starting line.

[uab1969 20]

phil09 and NLR,

I have been reading about the K-1 regarding domicile, it seems that that process does not require a proof of domicile included. if I file a K-1 instead of the CR-1, would that simplify things insofar as domicile goes?

And if I do, what happens if I continue to live here and list my foreign address instead of my daughter's?

Thanks again.