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Jasonallister

Residence in the U.S. required for the U.S. husband?

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I (U.S. citizen) have been married to my wife (U.K. citizen) for 5 years now. We have been living in the U.K. during this time, since I am working here.

 

We want to apply for her U.S. greencard now and plan to move back to the U.S. in the future.

 

Am I required to live in the U.S. as the husband while she is applying for a permanent residency card?

 

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You can do DCF if going through London. Sounds like this applies to you so long as you marry first. ETA: a few months versus ~8-12 months for a K-1.

 

The USC will be required to establish US domicile (or show sufficient intent to establish US domicile) before the visa will be approved.

Also, what is the plan for the I-864 (Affidavit of Support)? You will need either income that will continue from the same source, assets, moving to the US and getting a job first, or finding a joint sponsor.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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My husband was just approved at interview via DCF in London. I have also lived in the UK for five years and will move back to the states with him when we get his passport back.

 

As others have mentioned, the requirements state you need evidence of intent to re-domicile and a joint sponsor, unless you are keeping your same job, already have a job in the US, or have $60K+ in assets. None of these applied for me so I had a joint sponsor ready plus an "intent to domicile" letter.

 

In the letter I outlined that I have maintained my drivers license and a couple bank accounts, plus included correspondence about staying with my mom when we first arrive and selling our house in the UK...in the end this was not needed as the only question he asked was, "what's the plan for going back to US?" He was satisfied with me stating we were going to stay at mom's and look for work.

 

He also gave back our joint sponsor I-864 and said he was satisfied with my affadavit...still not sure how I got away with this as my last three tax returns show a whopping $20 of US-based income.

 

In short, you'll need to get your paperwork in order, but London will not make you move back to the US ahead of your wife.

Edited by rmc
clarity

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Thanks for all the quick responses. Sounds great.

 

From what I understand, from there it goes like: If we remain married and living with each other for three years from the date of our approval for residence,  she can apply for U.S. citizenship.

 

Do we have to permanently live in the U.S. during these three years? I am asking since my job might require another tour in a foreign country.

 

 

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Have a look at https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

Generally your wife would need to "have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application", but there is an exception if your job is military/government and will take you abroad for 1 year or more.

 

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11 hours ago, Jasonallister said:

From what I understand, from there it goes like: If we remain married and living with each other for three years from the date of our approval for residence,  she can apply for U.S. citizenship.

Three years from the date of entry on the immigrant visa in your case (not just approval).

 

11 hours ago, Jasonallister said:

Do we have to permanently live in the U.S. during these three years? I am asking since my job might require another tour in a foreign country.

Generally, yes. There are physical presence and continuous residence requirements.

There are exceptions for military orders, as outlined above.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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