Addresses for I-130 when working overseas question

[J8842 1]

Hi Folks,

 

I am completing my I-130 package for my spouse and had a few questions. Firstly, I am a Department of Defense contractor working in Israel continuously for the last few years, and my spouse is Israeli. My issue comes about when a section in Part 4 of the I-130 states 'Provide the address in the United States where the beneficiary intends to live.'

 

- I still intend to reside overseas even after my spouse would get her green card, and continue to pursue naturalization overseas via 319b due to my employment. Is this something I should point out in my cover letter? We would still be residing at my physical Israeli address, while I do have an APO mailing address. I just don't want USCIS to think that I am not domiciled in the states and therefore do not qualify, when I do as I work for the government overseas. In the section noted above I only put my physical Israeli address.

 

- My spouse and I were also very recently married, is there anything aside from pictures and a marriage certificate that can help me here in regards to evidence? Everything is separate between us at this time (finances, etc). With the pictures I made multiple collages from about 7 countries we visited in the last two years. In each picture collage I included about 4 pictures, the location and timeframe, as well as a very brief description stating it was my spouse and I in the pictures. Finally I included the passport stamp for each of us within each country we visited. Also included multiple wedding photos with her family, as well as some pictures of my family when we visited them. Would all of this suffice?

 

Much thanks for any assistance.

 

[Lee & Lei 42]

You need to put a US address, even if it is your parents' address because USCIS will NOT mail anything overseas. I made this mistake and had to call and speak to a T2 Supervisor in order to receive my case number, because the NOA1 was returned to sender. You could probably get away with using your APO address, but that is risky as well. 

 

Also, at the NVC stage you are going to run into problems with the "Domicile" rule -- as a DOD contractor it is really up to their discretion whether they decide you are exempt to the domicile rule or not, and more importantly, they will grill your spouse on this at the interview if you do not have conclusive evidence you plan to return to CONUS. If your spouse goes into the interview and tells them you plan to continue working overseas, they are going to deny the visa on the basis that you do not fit the domicile rule.

I am a DOD contractor in Kuwait, and I did put my overseas address as the place where I am residing (my wife and I live together in Kuwait) but I used my parents' CONUS address for mailing AND as the address where we intend to live. And that is what I am using as proof of domicile because I do not trust them to "waive" the requirement on the basis of DOD support, even though they should. I provided my military-issued LOA showing an end-contract date within 6 months, copies of my US driver's license, multiple different US credit card statements, US checking and savings account statements, my absentee voting registration form, a form from my county in CONUS showing I am registered to vote there, and finally a signed letter from my parents inviting my wife and me to live with them until we find a home of our own. Everything has my parents' address on it. The NVC accepted it, and right now I am just waiting for an interview. 

 

Regarding evidence for bonafide, more is always better. If you can, obtain a copy of your lease from your landlord with both of your names on it. Provide airline travel receipts showing both names on it. If you obtain some shared financial accounts, that carries a lot of weight. Just pictures and your marriage certificate may not be enough. 

Edited October 26, 2017 by knightofdight

[J8842 1]

On 10/26/2017 at 12:13 PM, Lee & Lei said:

You need to put a US address, even if it is your parents' address because USCIS will NOT mail anything overseas. I made this mistake and had to call and speak to a T2 Supervisor in order to receive my case number, because the NOA1 was returned to sender. You could probably get away with using your APO address, but that is risky as well. 

 

Also, at the NVC stage you are going to run into problems with the "Domicile" rule -- as a DOD contractor it is really up to their discretion whether they decide you are exempt to the domicile rule or not, and more importantly, they will grill your spouse on this at the interview if you do not have conclusive evidence you plan to return to CONUS. If your spouse goes into the interview and tells them you plan to continue working overseas, they are going to deny the visa on the basis that you do not fit the domicile rule.

I am a DOD contractor in Kuwait, and I did put my overseas address as the place where I am residing (my wife and I live together in Kuwait) but I used my parents' CONUS address for mailing AND as the address where we intend to live. And that is what I am using as proof of domicile because I do not trust them to "waive" the requirement on the basis of DOD support, even though they should. I provided my military-issued LOA showing an end-contract date within 6 months, copies of my US driver's license, multiple different US credit card statements, US checking and savings account statements, my absentee voting registration form, a form from my county in CONUS showing I am registered to vote there, and finally a signed letter from my parents inviting my wife and me to live with them until we find a home of our own. Everything has my parents' address on it. The NVC accepted it, and right now I am just waiting for an interview. 

 

Regarding evidence for bonafide, more is always better. If you can, obtain a copy of your lease from your landlord with both of your names on it. Provide airline travel receipts showing both names on it. If you obtain some shared financial accounts, that carries a lot of weight. Just pictures and your marriage certificate may not be enough. 

Thanks for the reply! I have my APO address for my mailing thus far, but similar to you I am worried about running in to issues with the entire process due to my contracting overseas. I'm thinking maybe I can use my parents address for my mailing and for my wife's address where she intends to reside. I could also get my parents to write/sign an affidavit stating this. I figure this could help, similar as you stated in your case.My only issue is that as soon as she would get the green card, I still plan to reside in Israel contracting. I'm just not sure how this would be looked upon as I'd have made it seem like I intend to return to the states, but I suppose I can always say I just changed my mind and want to continue working overseas. Then pursue 319b naturalization. 

[pushbrk 13,837]

You do not "use" addresses.  You answer questions about actual mailing and physical addresses.  "To Be Determined" is a perfectly acceptable answer for the address your wife intends to live in the USA.  You do not "prove" domicile in the USA.  You provide evidence of our intention to re-establish domicile in the US when submitting the affidavit of support, not now.

[NikLR 13,234]

On 10/26/2017 at 3:13 AM, Lee & Lei said:

You need to put a US address, even if it is your parents' address because USCIS will NOT mail anything overseas. I made this mistake and had to call and speak to a T2 Supervisor in order to receive my case number, because the NOA1 was returned to sender. You could probably get away with using your APO address, but that is risky as well. 

 

Also, at the NVC stage you are going to run into problems with the "Domicile" rule -- as a DOD contractor it is really up to their discretion whether they decide you are exempt to the domicile rule or not, and more importantly, they will grill your spouse on this at the interview if you do not have conclusive evidence you plan to return to CONUS. If your spouse goes into the interview and tells them you plan to continue working overseas, they are going to deny the visa on the basis that you do not fit the domicile rule.

I am a DOD contractor in Kuwait, and I did put my overseas address as the place where I am residing (my wife and I live together in Kuwait) but I used my parents' CONUS address for mailing AND as the address where we intend to live. And that is what I am using as proof of domicile because I do not trust them to "waive" the requirement on the basis of DOD support, even though they should. I provided my military-issued LOA showing an end-contract date within 6 months, copies of my US driver's license, multiple different US credit card statements, US checking and savings account statements, my absentee voting registration form, a form from my county in CONUS showing I am registered to vote there, and finally a signed letter from my parents inviting my wife and me to live with them until we find a home of our own. Everything has my parents' address on it. The NVC accepted it, and right now I am just waiting for an interview. 

 

Regarding evidence for bonafide, more is always better. If you can, obtain a copy of your lease from your landlord with both of your names on it. Provide airline travel receipts showing both names on it. If you obtain some shared financial accounts, that carries a lot of weight. Just pictures and your marriage certificate may not be enough. 

Actually the USCIS will mail things overseas, but if you don't get the item, you cannot update an overseas address or correct it.  At that point they will require you to give a US address OR leave it as is.  Since this is for a spousal visa, there isn't any real need for the NOA letters, just be sure to include a G-1135 and sign up for account updates after that.  There are always issues when mailing items not in the USA for the USPS.  An APO address should be absolutely fine.  If anything I've found that APO addresses get items much quicker than even standard mailing in the USA from personal experience in mailing things and letters to my BIL in the Navy and my husband when we were dating when he was in the AF.