Question about Domicile & Visa Abroad

[Fullbien 11]

Hi All! I have a question about domicile (I am USC, we're doing the CR-1 for my spouse, at the NVC stage). I am currently living abroad with my spouse, and our process/lives have been upended by COVID much like the rest of you I'm sure. I am here on a "professional visa" which expires in November. The plan was for us to be in the states before my visa was up, so this should have been a non-issue, but the embassy here has been closed since March, no idea when it will open again, and I do not expect to be out of here before 2021 anymore (even if they were to miraculously open and give us a visa appointment, inter-provincial travel is not allowed at the moment so we couldn't even get to the consulate 🙃). From what I have heard from local lawyers, since I have had this "temporary resident" professional visa for 2 years, the next step is to get a "permanent resident" visa, and it is unclear whether I can just extend my visa and remain a "temporary resident", but it seems that it may not be an option. I need a valid visa for work (so I can't just leave and come back on a tourist visa to buy a few more months). 

My question is the following: If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband? I have a bank account in the states, requested absentee ballot for 2020 general election, and have a valid US drivers license. I honestly have no interest in being a permanent resident here, and I'm not sure how the US govt would even know, but I really just want to be able to stay with my husband and stay employed for as long as it takes for us to go through this process. I don't want to make a hasty decision that could adversely affect us in the future.

Any thoughts/experiences are welcome. Thanks!

[Suze1 366]

As long as you can show sufficient evidence of your intent to reestablish US residency you will be fine.

Consider - Even if you HAD actually been a permanent resident all along, you would still be able to get the spousal visa as long as you convince them that you intend to reestablish US domicile (all other issues being fine).

 

(We went through something similar in the Phils a few years ago.)

Edited August 4, 2020 by Suze1

[Crazy Cat 39,194]

26 minutes ago, Fullbien said:

If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband?

I see no issue.  You have to provide evidence of domicile or intent re-establish domicile......

[Dashinka 23,211]

Proving your intent to establish domicile back in the US is fairly easy, and having a PR status in another country should not impact it.  Here is a helpful link for when it is time to show the CO your intentions.

 

https://citizenpath.com/faq/sample-declaration-reestablish-us-domicile/

[Fullbien 11]

Awesomeee! Thank you all for easing my anxious mind! lol

[Just Paul 4,591]

A petitioner having permanent residence elsewhere isn't an issue.  I was the petitioner, had residency in Mexico, and we interviewed in Mexico.  If the residency is truly temporary you shouldn't have any issues.

[DSB27 13]

On 8/5/2020 at 2:18 AM, Fullbien said:

Hi All! I have a question about domicile (I am USC, we're doing the CR-1 for my spouse, at the NVC stage). I am currently living abroad with my spouse, and our process/lives have been upended by COVID much like the rest of you I'm sure. I am here on a "professional visa" which expires in November. The plan was for us to be in the states before my visa was up, so this should have been a non-issue, but the embassy here has been closed since March, no idea when it will open again, and I do not expect to be out of here before 2021 anymore (even if they were to miraculously open and give us a visa appointment, inter-provincial travel is not allowed at the moment so we couldn't even get to the consulate 🙃). From what I have heard from local lawyers, since I have had this "temporary resident" professional visa for 2 years, the next step is to get a "permanent resident" visa, and it is unclear whether I can just extend my visa and remain a "temporary resident", but it seems that it may not be an option. I need a valid visa for work (so I can't just leave and come back on a tourist visa to buy a few more months). 

My question is the following: If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband? I have a bank account in the states, requested absentee ballot for 2020 general election, and have a valid US drivers license. I honestly have no interest in being a permanent resident here, and I'm not sure how the US govt would even know, but I really just want to be able to stay with my husband and stay employed for as long as it takes for us to go through this process. I don't want to make a hasty decision that could adversely affect us in the future.

Any thoughts/experiences are welcome. Thanks!

My wife was a permanent resident in New Zealand, we both live here, and her claim to US domicile was accepted, so I don't think it necessarily counts against you.