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Domicile - Been staying visa free with my wife for 10-Months

By PHIL > AZ in IR-1 / CR-1 Spouse Visa Process & Procedures

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PHIL > AZ Contributor

PHIL > AZ   6

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted (edited)

I am from Arizona originally but my wife and I met and got married in Hawaii (we were both in college). Straight after graduation (Dec 2014) we came from Hawaii to the Philippines because her J-1 visa required her to return to her home country for 2 years. We waived the two year requirement and subsequently filed an I-130 for CR-1 visa, all from the Philippines. The address I used for me (the petitioner) on all the forms is my Arizona address (my parents house). Even though I haven't been physically staying in Arizona its where we would've gone if my wife didn't have the 2-year rule. All of my banking is registered under the Arizona address and my drivers license is still a Hawaii license.

When I entered the Philippines it was on a "Balikbayan" visa, which is a "1-year visa-free stay in the Philippines". So my question is: Do I need to prove domicile in the U.S. since I have been in the Philippines for 10 months straight?

Technically the "balikbayan" visa is a visitor visa so my thought process is I have just been visiting my wife for an extended period and have never established legal residency in the Philippines therefore, domicile is not needed. Is this correct?

Also,

Will me staying in the Philippines for so long raise any red-flags? Because technically I haven't physically resided in my parents house since before college (2012). Would it be better for me to go home before the interview so that my wife can tell the embassy that I am actually residing there?

Edited by rjhansen142

I-612 Waiver of J1 Two Year Rule
12/31/2011 - Wife Entered U.S. on J-1 visa, Foreign Residence Requirement Applies
9/28/2013 - Married in the U.S.
7/23/2014 - NOA1 form I-612 for Waiver of the Foreign Residence Requirement (Basis: Extreme Hardship)
8/8/2014 - RFE Received
11/14/2014 - NOA2 I-612 Waiver Denied, Could not establish hardship
12/15/2014 - Sent another I-612 packet to U.S. Dept of state (Basis: No-Objection Statement)
12/15/2014 - Sent in application to Philippines Govt. for No-Objection Statement
1/14/2015 - No Objection Statement granted
4 months of waiting - The Philippines Govt. forgot about us!!!!
5/8/2015 - After multiple calls and emails the No Objection Statement was finally transmitted to DOS
6/4/2015 - I-612 Waiver APPROVED!

IR-1 Visa
6/3/2015 - Sent I-130 to Phoenix Locbox
6/4/2015 - NOA1
108 Days of waiting
9/22/2015 - NOA2
9/24/2015 - Case sent to NVC
10/1/2015 - Case received at NVC
10/14/2015 - Case number assigned
10/15/2015 - AOS Fee Paid online
10/19/2015 - CEAC AOS Fee status changed to "Paid" - AOS and IV packets sent to NVC
10/27/2015 - DS-261 was reviewed over the phone
10/29/2015 - DS-261 confirmed complete (over phone) and IV Bill Received - Paid online immediately "In Process"
10/30/2015 - Scan Date
11/2/2015 - IV Bill marked "Paid" and DS-260 completed

12/4/2015 - Case Complete (need to bring 1 corrected doc to Embassy)

1/6/15 - Medical Exam Complete

1/19/2015 - Interview Date

1/22/2015 - Visa Received (yellow envelope damaged)

pushbrk Grand Master

pushbrk   13,631

Posted
Filed: Other Country: China
 Timeline
Posted

If you've kept your driver license and bank account and filed any required tax returns, you have nothing to worry about regarding domicile, IMO.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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