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Emily and James

Establishing domecile-- when is it important to show?

By Emily and James in IR-1 / CR-1 Spouse Visa Process & Procedures

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Emily and James Rookie

Emily and James   1

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

(Not sure if I'm posting in the right place or the right way. I'm a little confused by all the calendar-month threads in here and not sure if I should just ask on one of those...?)

I've been living in Canada for seven years, and for the last five I've been with my now-husband. We will be moving back to the US next year, after my work visa runs out and for me to do grad school in the US. I've read a few things about establishing (or re-establishing?) domecile in the US, to prove that I will in fact be returning to the US despite my long time in Canada.

My question is, at what stage in the CR-1 visa process is this important? I know it definitely is needed for the I-864. But I'm *almost* finished with my I-130 package and I'm wondering if I should include anything in that package showing my intent to return to the US? If so, would it go with my G-325, my cover letter, or...?

Any thoughts much appreciated.

Abby&Mario Enthusiast

Abby&Mario   100

Posted
Filed: Lift. Cond. (pnd) Country: Colombia
 Timeline
Posted (edited)

It's important at the NVC stage. So, after USCIS approves your petition and your case is transferred. No need to include anything about re-establishing domicile with your I-130. The fact that you live together (even if it is abroad) works in your favor at the USCIS stage. At the USCIS stage, they're making sure your relationship isn't fraudulent and running background checks. You may want to search the regional forums. I believe they are quite strict with Canadian-American couples who live in Canada when it comes to re-establishing domicile.

Edited by Abby&Mario

USCIS (Priority date April 1, Approval April 17, no RFEs)

March 28, 2014: I-130 sent via FedEx from Bogotá to Chicago Lockbox

April 1, 2014: Delivered to Chicago Lockbox at 10:29 a.m. according to FedEx tracking; signed for by J. CHYBA (date confirmed by My Case Status)

April 4, 2014: NOA1 e-mail received at 12:17 a.m.; case accepted and routed to CSC for processing. Check cashed.

April 17, 2014: Changed mailing address with USCIS Tier 2 representative. He also confirmed that our case had arrived to the CSC and that our NOA1 date is April 3.

April 18, 2014: NOA2 e-mail received at 12:30 a.m. Case status online changed to post-decision activity; date of "last updated" changed to April 17. Change of address e-mail received at 3 a.m. Status changed back to initial review on e-mail and online. Date of "last updated" now April 18. Called and spoke to two Tier 2 reps; both were useless.

April 21, 2014: Approval confirmed verbally by Tier 2 rep. Order put in to send second NOA2 hard copy to new address. Instructed to ignore online case status.

April 25 or 26, 2014: NOA1 hard copy arrives to old apartment in Bogotá. Priority date actually April 1. (April 3 was the notice date.)

May 16: USCIS change of address e-mail received

May 19: USCIS e-mail received saying a duplicate notice was mailed on this date. Case status now set to "Acceptance."

May 22: NOA2 duplicate hard copy arrives to U.S. address

NVC

April 29, 2014: Case received

​May 22, 2014: Case number and IIN assigned. Asked operator about our move from Colombia to Argentina and received instructions.

May 24, 2014: E-mails about embassy change/address change sent to nvcinquiry@state.gov at 4:36 p.m. NVC time

​June 3, 2014: Payment portal message "This case is in the process of termination" appears. DS-261 appears, submitted. E-mails received from NVC concerning case number and AOS bill.

June 4, 2014: AOS payment invoiced, paid; DS-261 received by NVC

June 6, 2014: AOS payment shows as PAID in payment portal

June 17, 2014: Response received from nvcinquiry@state.gov. "The correspondence submitted is currently under review. An appropriate action will be taken once this review is completed."

June 24, 2014: AOS package sent via FedEx overnight shipping from Houston to NVC

June 25, 2014: AOS package delivered at 9:43 a.m. according to FedEx tracking; signed for by F.FNU

July 1, 2014: AOS package scanned

July 18, 2014: Checked payment portal and saw: "CASE NUMBER CHANGE: The applicant's case number, [bGT#], has been changed to [bNS#]." Called and confirmed. Also said today marked 30 business days since NVC received DS-261; operator said she would have that reviewed and make IV payment available ASAP.

August 5: E-mail sent to nvcinquiry@state.gov concerning changing our embassy BACK to Bogotá at 6:41 p.m. NVC time

August 6: IV invoice e-mail FINALLY received at 2:13 a.m. NVC time

August 7: IV payment made available on payment portal; paid

August 8: IV payment shows as PAID in payment portal; DS-260 becomes available

August 14: Checklist received; errors on sponsor's I-864 form and on joint sponsor's I-864A

August 15: DS-260 submitted

August 29: Checklist response and IV package sent via FedEx ground from Houston to NVC

September 4: Checklist response and IV package delivered at 11:21 a.m. according to FedEx tracking; signed for by GPETERS

September 8: Checklist response and IV package scanned

September 10: DS-260 accepted; false checklist received

September 17: E-mail response received from asknvc@state.gov (30 business days/43 calendar days later): Correspondence under review

September 26: Embassy change approved; new case number assigned

October 30: CASE COMPLETE

Embassy

Interview scheduled: Nov. 10 -- Medical: Nov. 25 -- Interview: Dec. 1, 9:30 a.m. APPROVED! -- Visa in hand: Dec. 5 -- POE: Dec. 29 in Houston

Ryan H Grand Master

Ryan H   3,813

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Okay, I realized this should go in the "process and procedures" section. Not sure how to move it... sorry! :oops:

**Moved, and no need to be sorry.**

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

bkghosh Rising Star

bkghosh   121

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

(Not sure if I'm posting in the right place or the right way. I'm a little confused by all the calendar-month threads in here and not sure if I should just ask on one of those...?)

I've been living in Canada for seven years, and for the last five I've been with my now-husband. We will be moving back to the US next year, after my work visa runs out and for me to do grad school in the US. I've read a few things about establishing (or re-establishing?) domecile in the US, to prove that I will in fact be returning to the US despite my long time in Canada.

My question is, at what stage in the CR-1 visa process is this important? I know it definitely is needed for the I-864. But I'm *almost* finished with my I-130 package and I'm wondering if I should include anything in that package showing my intent to return to the US? If so, would it go with my G-325, my cover letter, or...?

Any thoughts much appreciated.

Proving domicile is required at the NVC stage. Here is a quote from the NVC website:

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.

Find employment in the United States

Secure a residence in the United States

Register children in U.S. schools

Relinquish residence abroad

Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the United States with or after the sponsor.

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!
ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

 
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