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Filed: Timeline
Posted

I am considering applying for a IR1 for my spouse. However, I do not believe I will meet the domicile requirement as I have been living overseas for nearly 10 years now. I do have a US bank account and have filed taxes. Is this enough to meet the requirement. Otherwise, I thought to get a joint sponsor, but will having a joint sponsor who resides in the US, remove the domicile requirement from me. Please advise.

Posted

Having a joint sponsor does not remove the domicile requirements from you, it only helps you in the poverty level requirement I-864.

The CO will expect you to show some concrete evidence that you are intending to move back to US.

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

https://fam.state.gov/fam/09FAM/09FAM030208.html#M302_8_2_B_5

Done with K1, AOS and ROC

Filed: Timeline
Posted

Thanks for your reply.

I've read the links and it also states,

(b) Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

(i) Opening a bank account;

(ii) Transferring funds to the United States;

(iii) Making investments in the United States;

(iv) Seeking employment in the United States;

(v) Registering children in U.S. schools;

(vi) Applying for a Social Security number; and

(vii) Voting in local, State, or Federal elections.

so would any of the above be sufficient, or does it have to be more concrete steps such as signing a lease or accepting a job in the US.

TIA

Filed: Country: Vietnam (no flag)
Timeline
Posted

Thanks for your reply.

I've read the links and it also states,

(b) Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

(i) Opening a bank account;

(ii) Transferring funds to the United States;

(iii) Making investments in the United States;

(iv) Seeking employment in the United States;

(v) Registering children in U.S. schools;

(vi) Applying for a Social Security number; and

(vii) Voting in local, State, or Federal elections.

so would any of the above be sufficient, or does it have to be more concrete steps such as signing a lease or accepting a job in the US.

TIA

There is nothing there that says a Joint Sponsor relieves you from satisfying the domicile requirement.

You need proof that you have at least put in applications for housing or a job.

 
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