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Proof of domicile?? Currently freaking out now.

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My wife is a US citizen and also has permanent residency here in Aus thanks to our relationship. I've been reading further into the next steps for our IR1 visa and I see we need to supply proof of domicile for my wife in the US. She's lived here with me in Aus for over 7 years now so I'm not sure if she meets the requirements for domicile in the US. Can anyone help me through this as it's a little confusing for me. I have just gone into panic stations realising that she might not even be able to sponsor me at all now after already dedicating months to this visa.

According to the FAQ on domicile she must either:

  • 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

The first 4 options will require her to move back to the states well before I get my visa. This will RUIN us. She is 6 months pregnant with our second child. So even if she did move back to the states right now she would not be able to work and would live with her parents anyway. This rules out the first 2 options. The final option is so vague.

I am freaking out about this. Please help.


California.IR1

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Hello,

My situation was a bit similar. I am the USC and my Husband a New Zealand citizen. I have been living with him in NZ 4 years where we now have a son. We have been approved already just need to POE interview etc. once in the States. All I can provide is what I have done to keep my domicile established.

I had my parents send me a signed and dated letter that they knew of me and my relationship as well as that their home was where I held domicile.

I had no bills or assets in the USA but I did have a US bank account I regularly checked. My bank info also held my parebts home as my address of contact. I printed that page for our interview.

I also did my US taxes yearly as I lived in NZ and ordered all those years tranacripts. This was one of the major things they wanted to see at the interview.

I also voted overseas which was a nightmare sometimes as mail gets lost here from NZ to US. I had my voters registration card with my domiciled address. This is free to update and get sent to maybe yoir wife's parents address to send to you.

I also kept my US license renewed as well as my ID. My state only sends by mail to overseas address and would not send it to my US domiciled address. Like I said before mail gets lost all the time here so it was a long process.

Sending some things overseas may help in showing you are trying to re-establish as well but I did not go that route.

Contacting a school or daycare by email can also be evidence when getting your child overseas.

Also CRBA for every child born to a US citizen abroad is always a good idea and shows long term planning to re-establish domicile.

All of these take time and some differ by your wife's state on how to get these items. These are just suggestions about what I have done while through my Husbands CR1 Visa. Hope this gives some help for your journey ahead! :)

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Hello,

My situation was a bit similar. I am the USC and my Husband a New Zealand citizen. I have been living with him in NZ 4 years where we now have a son. We have been approved already just need to POE interview etc. once in the States. All I can provide is what I have done to keep my domicile established.

I had my parents send me a signed and dated letter that they knew of me and my relationship as well as that their home was where I held domicile.

I had no bills or assets in the USA but I did have a US bank account I regularly checked. My bank info also held my parebts home as my address of contact. I printed that page for our interview.

I also did my US taxes yearly as I lived in NZ and ordered all those years tranacripts. This was one of the major things they wanted to see at the interview.

I also voted overseas which was a nightmare sometimes as mail gets lost here from NZ to US. I had my voters registration card with my domiciled address. This is free to update and get sent to maybe yoir wife's parents address to send to you.

I also kept my US license renewed as well as my ID. My state only sends by mail to overseas address and would not send it to my US domiciled address. Like I said before mail gets lost all the time here so it was a long process.

Sending some things overseas may help in showing you are trying to re-establish as well but I did not go that route.

Contacting a school or daycare by email can also be evidence when getting your child overseas.

Also CRBA for every child born to a US citizen abroad is always a good idea and shows long term planning to re-establish domicile.

All of these take time and some differ by your wife's state on how to get these items. These are just suggestions about what I have done while through my Husbands CR1 Visa. Hope this gives some help for your journey ahead! :)

Thank you so much for this. I did some more research in the forums last night and found that most people supplied similar information to what you did. So I've emailed my mother in law over in the states to try and gather some of this info for us. I think we'll be able to get the bank account, the drivers licence, the tax transcripts, the voter card, letter from in-laws about their home being our domicile and I'll also be contacting daycares and schools about enrollment. Hopefully that will do the trick.

I feel much more calm now. Albeit with some extra grey hairs.


California.IR1

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