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K-1 Visa - Both of us are living abroad (U.S. Domicile & Income Requirement Question)

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Hi there,



My fiancee and I both live abroad and everything is ready for interview. I am just wondering about the U.S. domicile requirement as well as income requirement since I work abroad - I am on a secondment with my U.S. company.



My position is with an foreign branch of a U.S. firm. My assignment is temporary as I am relocating back to the U.S. firm in the next few months (I will have the same job title, same salary, as my expat job. I will just will be continuing my work back in my old office in the U.S. permanently since my international assignment will be complete).



I believe there is a provision in the immigration law which states that this is an exemption from needing to maintain U.S. domicile since I am abroad temporarily and I will be returning to my permanent U.S. position. This has always been the intent of my international assignment from my company's perspective. I plan to show my transfer letter back to the U.S. from my U.S. company, my U.S. job offer letter with salary as well as my resignation from the foreign subsidiary. Is this enough?



Also, would I be able to show my current foreign income on the affidavit of support? I am making the same salary as I would if I was in the U.S. When I transfer back to the U.S. firm, I will be making the same salary as I made abroad.



My current foreign salary is around 115k USD and this will also be my U.S. salary when I return. I also have cash, stocks and a vehicle in the U.S. with a combined value of around $150k USD. I would like to be able to show my current foreign income since I think it would help my affidavit of support (I have no joint sponsors). Is it permissible to show my foreign income on the affidavit of support?


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I think you will be fine, since your work was clearly temporary and you can prove that, and already have a job waiting for you in the USA. YJust in case, you may want to bring evidence you have or are looking for a place to stay too (lease, emails with realtor, letter from friend where you will be staying etc).

Normally foreign income does not count, but since yours will continue from the same source after you return home, it will.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I think you will be fine, since your work was clearly temporary and you can prove that, and already have a job waiting for you in the USA. YJust in case, you may want to bring evidence you have or are looking for a place to stay too (lease, emails with realtor, letter from friend where you will be staying etc).

Normally foreign income does not count, but since yours will continue from the same source after you return home, it will.

Thanks for your reply!!

My permanent address is my parents (which matches my drivers license). We will be staying there for a month or two until we find a place around the same area.

Do you think I still need a letter from my parents stating that I will be residing there until we find our own place?

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If you still have a valid drivers license (another good bit of proof) you should be fine. Make sure your fiance knows the address.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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If you still have a valid drivers license (another good bit of proof) you should be fine. Make sure your fiance knows the address.

My drivers license expired last month and the new one is at my home in the U.S. Will a photocopy of the new one work along with the actual expired one? Address will match on both licenses.

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