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Hi,

my husband and I both live overseas, and are awaiting our docs to be processed by NVC.  we would be going for an interview in Sydney.  

 

I'm starting to think we might get denied based on domicile, which has been difficult to prove as we obviously won't be getting jobs in the US or a lease without knowing any sort of timeline at this point.  

 

My question is, if we do get denied and have to prove domicile, is it possible to go to the US (him on a tourist visa), then me find a job/get a lease, and apply for an adjustment of status for him? I'm assuming that's a whole separate visa, but not sure if that's even an option if our CR1 is still pending.  Just trying to think of options as I don't want to move back to the US without him as we have 2 young kids, so it really isn't feasible.  is an adjustment of status allowed??

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I am in the same position as you, but my husband is the USC and we have a 4 month old daughter. However, we have made the difficult decision for him to move back to the States without us whilst we await the NOA2 and the overall visa approval so he can re-establish domicile and get a job. 

 

Your husband is not allowed to enter the US on a tourist visa with immigration intent. With your case now being at the NVC, your husband might find it difficult to obtain a tourist visa with a pending immigrant visa ... 

 

How are you proving domicile? There are things you can do whilst living abroad.

 

Have you made inquiries into rentals (emails to realtors)? What about emails schools/day care etc? Updated resume for US job applications? That will help prove that once your husband is granted a US visa that you intend on re-establishing domicile. 

 

What about tying this up in the current country your in? Emails advising you intend to break a lease soon due to moving etc? 

 

Moving back to the US will fix that completely though. It is a hard decision to make and I feel your pain! Maybe someone on here as a better solution for you!

 

Good Luck. 


Our Visa Journey:

 

                       2 April 2018: Married in Santa Ana, California 🥰

                       6 June 2019: Birth of our daughter 👶👨‍👩‍👧

               14 October 2019: Sent I-130 package via AusPost 📮 

               18 October 2019: NOA1 received - sent to Texas Service Centre :D

               24 October 2019: USCIS processed filing fee 🤑 

 

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2 minutes ago, zochu said:

I am in the same position as you, but my husband is the USC and we have a 4 month old daughter. However, we have made the difficult decision for him to move back to the States without us whilst we await the NOA2 and the overall visa approval so he can re-establish domicile and get a job. 

 

Your husband is not allowed to enter the US on a tourist visa with immigration intent. With your case now being at the NVC, your husband might find it difficult to obtain a tourist visa with a pending immigrant visa ... 

 

How are you proving domicile? There are things you can do whilst living abroad.

 

Have you made inquiries into rentals (emails to realtors)? What about emails schools/day care etc? Updated resume for US job applications? That will help prove that once your husband is granted a US visa that you intend on re-establishing domicile. 

 

What about tying this up in the current country your in? Emails advising you intend to break a lease soon due to moving etc? 

 

Moving back to the US will fix that completely though. It is a hard decision to make and I feel your pain! Maybe someone on here as a better solution for you!

 

Good Luck. 

Thanks so much.  How brave of you to send him back! it's a huge move, but should prove good for you in the long run?!  I have just made an enquiry into some rentals (but so hard to do when you don't have a firm time frame!) but intend to live with my sister (and will have to draw up a lease or a letter saying so), have emailed daycares about enrollment, but haven't yet done too much on the job front given i'm not sure of when exactly we would be there.  our docs have been submitted, but i'm just waiting for them say we need more...the anixety!!! good luck and thanks for your reply.

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1 minute ago, stephanie918 said:

Thanks so much.  How brave of you to send him back! it's a huge move, but should prove good for you in the long run?!  I have just made an enquiry into some rentals (but so hard to do when you don't have a firm time frame!) but intend to live with my sister (and will have to draw up a lease or a letter saying so), have emailed daycares about enrollment, but haven't yet done too much on the job front given i'm not sure of when exactly we would be there.  our docs have been submitted, but i'm just waiting for them say we need more...the anixety!!! good luck and thanks for your reply.

I would get a lease drawn up from your sister accompanied with a letter. 

 

Emails to realtors is fine, it show you are actively looking for a place to live in the US, same with daycare inquiries and job applications - it just shows the Consular Officials that you intend to live in the US, even if those jobs are not going to happen give time frames.

 

Maybe even a letter outlining that you intend to move back to the United States once your husband is granted a visa and that it is hard to move with two young children?

 

I am not a CO nor an immigration attorney but I think what you've supplied is sufficient in your situation, but I could be wrong. Is the visa your on temporary in the other country? Can you write up a resignation letter for your current employment? 

 

I hope it is a smart move for us in the long run. If we run into any issues with the US immigration system we will start the same process for Australia. 


Our Visa Journey:

 

                       2 April 2018: Married in Santa Ana, California 🥰

                       6 June 2019: Birth of our daughter 👶👨‍👩‍👧

               14 October 2019: Sent I-130 package via AusPost 📮 

               18 October 2019: NOA1 received - sent to Texas Service Centre :D

               24 October 2019: USCIS processed filing fee 🤑 

 

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1 hour ago, stephanie918 said:

Hi,

my husband and I both live overseas, and are awaiting our docs to be processed by NVC.  we would be going for an interview in Sydney.  

 

I'm starting to think we might get denied based on domicile, which has been difficult to prove as we obviously won't be getting jobs in the US or a lease without knowing any sort of timeline at this point.  

 

My question is, if we do get denied and have to prove domicile, is it possible to go to the US (him on a tourist visa), then me find a job/get a lease, and apply for an adjustment of status for him? I'm assuming that's a whole separate visa, but not sure if that's even an option if our CR1 is still pending.  Just trying to think of options as I don't want to move back to the US without him as we have 2 young kids, so it really isn't feasible.  is an adjustment of status allowed??

 

 

Moving to the US on a tourist visa is not an option.  It's not possible to immigrate to the US on a non-immigrant tourist visa with the intent to adjust status.  That's immigration fraud.

 

Your husband must wait for his CR-1 visa in order to immigrate to the US.  

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4 hours ago, stephanie918 said:

Hi,

my husband and I both live overseas, and are awaiting our docs to be processed by NVC.  we would be going for an interview in Sydney.  

 

I'm starting to think we might get denied based on domicile, which has been difficult to prove as we obviously won't be getting jobs in the US or a lease without knowing any sort of timeline at this point.  

 

My question is, if we do get denied and have to prove domicile, is it possible to go to the US (him on a tourist visa), then me find a job/get a lease, and apply for an adjustment of status for him? I'm assuming that's a whole separate visa, but not sure if that's even an option if our CR1 is still pending.  Just trying to think of options as I don't want to move back to the US without him as we have 2 young kids, so it really isn't feasible.  is an adjustment of status allowed??

You can move, he cannot. What you are suggesting is fraud. 

 

Its easy enough to close up shop there based on a month or two after his interview.  Inquire into leases and rentals in the area you will be living. Getting a signed lease from family members where you will be staying temporarily.  Enrolling your children in the school they should be going to. 

There's lots you can do. 

Plenty of people raise two children as a single parent. People like to say these aort of things arent feasible or possible just because they've never done it.  Unless your children are both very special needs, it's feasible for one parent to raise them alone for a month or two. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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8 hours ago, stephanie918 said:

My question is, if we do get denied and have to prove domicile, is it possible to go to the US (him on a tourist visa), then me find a job/get a lease, and apply for an adjustment of status for him?

Please don't do this.  It is fraud. 

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8 hours ago, stephanie918 said:

Just trying to think of options as I don't want to move back to the US without him as we have 2 young kids, so it really isn't feasible.

People do this all the time in order to satisfy the domicile and income requirements.  How will you sponsor him without a source of US income?

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13 hours ago, stephanie918 said:

is it possible to go to the US (him on a tourist visa), then me find a job/get a lease, and apply for an adjustment of status for him?

 

Absolutely not

 

 

**Moderator hat on**

 

***Thread closed to additional discussion under the below quoted provision of the TOS; OP can create a new thread about domicile issues as long as it remains within the confines of the TOS.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


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