Domicile

[Faithbelle 0]

Hello and good evening!

This is a Domicile question.

My fiancee has lived together with me since 2009 in the Philippines, but make frequent trips to USA where he doesn't own a house anymore but stay with his son when he is there. He makes his US tax returns each year and maintain all his bank accounts as well as his credit card accounts there plus the fact that he considers voting important and consequently is casting his vote in both local, state and federal elections. He just submitted our K-1 visa application in which he used his best friend's address in Texas where we plan to live. For now we have plans to buy a house but want to make sure that Texas is the best place for us to live before doing so. Do you think that during my interview at the US Embassy in Manila they will question my fiancé about his domicile living? Would appreciate if you or anyone could help us to give an answer or an advice on this. I'm sorry for the long question?

Thank you in advance.

[Penguin_ie 5,984]

So he filed taxes with a US domicile? If so, he will most likely be seen as living in the USA, and making long trips to you rather than the other way around. They may question how he can afford that, but I don't see it as a major issue.

[Boiler 43,396]

K1 seems an odd choice.

[Faithbelle 0]

Why odd choice?

[Penguin_ie 5,984]

He means, why not get married in Phils, and file for a spousal visa, perhaps even directly at the embassy there (DCF filing). It would be significantly cheaper and you can work and travel right away once you enter the USA.

[sevenrider860 9]

Why odd choice?

I think some feel that if your fiancé is currently living in the Philippines then you could get married in the Philippines and he could go to the Embassy and follow the Direct Consular Filing (DCF) process. This is often as quick (or some have reported quicker) as the Fiance visa application process and there is no need to file for an Adjustment of Status after you get married. DCF can be used if the US citizen is also living in the foreign country along with his or her spouse. I believe it needs to be six months or longer, but I have limited knowledge of the specifics and I am sure others can provide more accurate information.

--- What I don't know is if he must show that he is legally living in the Philippines (per Philippines immigration rules) or is in the Philippines on multiple extended non-resident entry visas.

Edited January 6, 2016 by sevenrider860

[Faithbelle 0]

Oh, we had no idea about CDF.

Also we have been waiting for my annulment and finally i Just got it recently after Almost decade of waiting!

We thought fiancee visa is the fastest and best way for me.

last October he was in Texas with his best friend, to look for a house.

In our visa apllication he put his recent address in Texas from October 2015 till to the present.

And now he is thinking that he could rent a house in Texas before my interview.