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natenoeyes

K1 Visa - Straighforward Case (Domicile Requirement)

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Hi all,

 

I first posted regarding a k1 visa application needing an immigration attorney, and most of the responses suggested to go the DIY route. So with this, I'd like to ask opinions regarding if whether or not our situation is deemed as complex or not, since we're now considering doing this DIY:

 

Details:

- I am a Filipino citizen 

- My fiancee has a dual citizenship: she's both a US citizen and Filipino citizen

- She has lived in the Philippines all her life (and would only visit the US for vacation every so often), but just got hired to work in the US (just about to start work this month, Feb 2019)

 

End goal:

I'd like to follow her to the USA via the K1 visa route and then do an AoS after getting married. Considering that she hasn't lived permanently in the USA, will this be a problem during our application? An immigration lawyer we spoke with brought up a concern regarding my fiancee - that she will need to be domiciled first, since she's only starting to live in the US. Any input on this would be appreciated. Thank you.

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Does your fiancee pay taxes in the USA?  Normally domicile, for K1, doesnt come up until the interview, but u may run into an issue of eligibility if there are no US tax returns filed by the petitioner.

 

You would probably be better off getting married in PHL and filing spousal visa (CR1) as it has many advantages over K1.... you wouldnt need to wait a year for the green card and could work immediately.

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Considering that she's already returned to the US, and is beginning a US-based job---she'll likely open US bank accounts, have an apartment/lease,  proof of US employment, begin to pay utility bills, etc. all in the US....by the time your interview rolls around, she'll probably have already established US domicile for K1 purposes.

 

If she hasn't been filing US taxes during her years living abroad, she'll need to take care of that with the IRS as she needs to report any worldwide income (she may not OWE any taxes, but she is required to FILE taxes as a USC)....that is also part of establishing domicile.

 

Edited to add:  I also agree that CR-1 might be something you want to look into, and compare to the K1.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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11 hours ago, Going through said:

Considering that she's already returned to the US, and is beginning a US-based job---she'll likely open US bank accounts, have an apartment/lease,  proof of US employment, begin to pay utility bills, etc. all in the US....by the time your interview rolls around, she'll probably have already established US domicile for K1 purposes.

 

If she hasn't been filing US taxes during her years living abroad, she'll need to take care of that with the IRS as she needs to report any worldwide income (she may not OWE any taxes, but she is required to FILE taxes as a USC)....that is also part of establishing domicile

Thanks for this. I'll read up on it more since you're right - the interview should be a while from now, and she's just about to start work. Do you think an immigration lawyer will do any good for this situation?

 

12 hours ago, TandSarahJane said:

You would probably be better off getting married in PHL and filing spousal visa (CR1) as it has many advantages over K1.... you wouldnt need to wait a year for the green card and could work immediately.

 

11 hours ago, Going through said:

Edited to add:  I also agree that CR-1 might be something you want to look into, and compare to the K1.

Regarding this, our current circumstances don't exactly allow much adjustment in terms of which path to take, which is why K1 was chosen.

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34 minutes ago, natenoeyes said:

Thanks for this. I'll read up on it more since you're right - the interview should be a while from now, and she's just about to start work. Do you think an immigration lawyer will do any good for this situation?

Good points were covered in your other thread regarding using/not using an immigration lawyer.  In the end it's your money, spend it how you want to.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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45 minutes ago, natenoeyes said:

Regarding this, our current circumstances don't exactly allow much adjustment in terms of which path to take, which is why K1 was chosen.

If you mean because she's leaving/already left for the US...she can always return for a vacation and marry in your home country, then return to the US and file the CR-1.

  

Just keep in mind that with a K1 the biggest pro is being together a little quicker....the biggest con is you having to wait several months AFTER marriage before you can work.  With the CR-1 you can work the moment you set foot in the US.  Might not seem a big deal now, but when sitting in the US twiddling thumbs/need to make money for around half a year or more it can become a real stickler 😕 

 

Best of luck to you.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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If she hasn't returned to the US yet, getting married and doing DCF for a spousal visa would be the fastest and cheapest option by far  (~<=3 months). She only needs to be living in PH for the initial I-130 filing.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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35 minutes ago, geowrian said:

If she hasn't returned to the US yet, getting married and doing DCF for a spousal visa would be the fastest and cheapest option by far  (~<=3 months). She only needs to be living in PH for the initial I-130 filing.

THIS ^^^

 

OP, if you are still thinking about hiring a lawyer and he/she doesn't suggest DCF for you, I would urge you to seriously question their immigration expertise or whether they really have your best interests in mind.  DCF is the fastest route to being with your spouse in the US.

 

As for the requirement to establish domicile in the US, it seems like your fiancee will have that covered since she already has a job and presumably, an apartment there.

 

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:

  • Opening a bank account
  • Transferring funds to the United States
  • Making investments in the United States
  • Seeking employment in the United States
  • Secure a residence in the United States
  • Register children in U.S. schools
  • Applying for a Social Security number
  • Voting in local, State, or Federal elections

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

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Moved from Progress Reports to Process & Procedures.


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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