Can I (sponsor) work in a third country while my petitioners I-130 is awaiting? (merged)

[ArtistKid 0]

I want to transfer to my current companies (which I've been working at for 5 years) Canadian or European office temporarily until my spouses visa arrives. This will allow us to spend time together while we await my spouses visa. Will there be trouble in proving US domicile in this case? I am a US citizen with sizable investments in US stock brokers and cash in bank accounts, and years of taxes in the USA; but this move would mean i am working full-time for a foreign office, and not a temp contract.

 

Also, would I need to disclose that I transfered to a different location, and when?  We are currently awaiting our NOA2. 

[Chancy 6,233]

17 hours ago, ArtistKid said:

I want to transfer to my current companies (which I've been working at for 5 years) Canadian or European office temporarily until my spouses visa arrives. This will allow us to spend time together while we await my spouses visa. Will there be trouble in proving US domicile in this case?

 

Depends.  If at the visa interview your spouse is able to show evidence that you will be relocating to the US before or at the same time as your spouse, then no need for concern regarding your domicile.  Note that the interviewing consulate matters when it comes to the domicile requirement.  For example, if your spouse will be interviewing in Canada, anything less than evidence of US-based employment or residence will probably not be convincing enough for the consul officer.

 

17 hours ago, ArtistKid said:

would I need to disclose that I transfered to a different location, and when?  We are currently awaiting our NOA2.

 

You will need to disclose your actual physical address on the I-864 form to be submitted after your petition is approved.

 

[ArtistKid 0]

Here is my situation:

US Citizen, been working at the same company for 5 years, my wife is in Pakistan--applied for I-130 in November 2020, still awaiting NOA2.  I recently got a really good opportunity to work at our Canada branch.  This would be a 'full time' job with the Canadian corporation (that has a big US presence, which I've worked for for 5 years in the US), I'd be on a work permit and could potentially bring my wife too.  I can come back to the US once my wife gets her visa [I can transfer to a role in the US, but I won't have a formal letter that states this]

 

I am a bit hesitant to do this because of the domicile issue and potential rejection due to living in a third country. 

 

If I have a full-time address in the US, will go back and forth all of the time, my 2017-2020 taxes are all in the US, is there any reason to tell NVC that I am currently working in the Canada branch of my company in a separate letter?  What if I am in the US when I file the affidavit of support to NVC, but end up living in Canada few months later?  Shall I just file the required paperwork (taxes, I-864, input my US address) without disclosing my future work in Canada?  Is there a risk to not disclosing it?  And if I am physically present in Canada when the affidavit comes, but have a US Address/Mailing Address, do I still need to disclose that I'm in Canada?

 

Edited July 23, 2021 by ArtistKid

[Babu Frik 1,162]

1 hour ago, ArtistKid said:

Here is my situation:

US Citizen, been working at the same company for 5 years, my wife is in Pakistan--applied for I-130 in November 2020, still awaiting NOA2.  I recently got a really good opportunity to work at our Canada branch.  This would be a 'full time' job with the Canadian corporation (that has a big US presence, which I've worked for for 5 years in the US), I'd be on a work permit and could potentially bring my wife too.  I can come back to the US once my wife gets her visa [I can transfer to a role in the US] but there is no clear 'proof' of this from my company.

 

I am a bit hesitant to do this because of the domicile issue and potential rejection due to living in a third country. 

 

If I have a full-time address in the US, will go back and forth all of the time, my 2017-2020 taxes are all in the US, is there any reason to tell NVC that I am currently working in the Canada branch of my company in a separate letter?  What if I am in the US when I file the affidavit of support to NVC, but end up living in Canada few months later?  Shall I just file the required paperwork (taxes, I-864, input my US address) without disclosing my future work in Canada?  Is there a risk to not disclosing it?  And if I am physically present in Canada when the affidavit comes, but have a US Address/Mailing Address, do I still need to disclose that I'm in Canada?

 

You're asking if you should not tell the truth, which is not allowed here, and frowned upon.

 

You must submit evidence that you’ve taken steps to establish domicile in the United States.

[Ontarkie 13,884]

~~Related questions merged. Please keep similar questions to one thread. It helps members when all your questions are in one thread. As mentioned above, Members cannot Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.  ~~

 

Mod hat off 

 

As you are new and learning about the process please listen to members when they explain the steps, read the guides they are a huge help. Since you will not be dealing with Montreal Canada (they can be super strict with domicile) you should be able to show intent to reestablish domicile when the time comes. Most of the time they do not deny the visa outright for domicile they give you a chance to meet their criteria. 

[Chancy 6,233]

1 hour ago, ArtistKid said:

Shall I just file the required paperwork (taxes, I-864, input my US address) without disclosing my future work in Canada?  Is there a risk to not disclosing it?  And if I am physically present in Canada when the affidavit comes, but have a US Address/Mailing Address, do I still need to disclose that I'm in Canada?

 

The only right choice is for you and your wife to tell the truth about your actual physical address at the time of filing the I-864 and at the time of her visa interview.  If your wife will be interviewing in Canada, she will likely need to bring evidence of your employment that requires your physical presence in the US.  If she will be interviewed in Pakistan, they will probably not be as strict about the domicile requirement as the consul officers in Montreal.  It's possible that the interviewing officer in Islamabad will be fine with just a letter of intent from you about re-establishing domicile in the US.

 

[ArtistKid 0]

Thanks all.  I am trying to determine exactly what "physically present" means, given that I may be splitting my time across Canada (in a temporary rental) and the United States (in a house I own).  It sounds like I should disclose this all at the interview and the I-864.  I do not intend to lie.  

Edited July 23, 2021 by ArtistKid

[Chancy 6,233]

12 minutes ago, ArtistKid said:

I am trying to determine exactly what "physically present" means, given that I may be splitting my time across Canada (in a temporary rental) and the United States (in a house I own). 

 

If your wife will be interviewing in Montreal, the consul officers there know how easy it is for petitioners to be physically present temporarily in the US while actually residing and working in Canada.  That's why they often require evidence that the petitioner needs to be physically in the US for work.  Owning a house in the US may not be enough for the COs in Montreal.

 

[ArtistKid 0]

Fortunately we will be interviewing in Islamabad, Pakistan, it seems like they may be less strict about this

[pushbrk 12,083]

2 hours ago, ArtistKid said:

Fortunately we will be interviewing in Islamabad, Pakistan, it seems like they may be less strict about this

Where are you seeing the term "physically present"?  Why is that a concern for youi?

[ArtistKid 0]

1 minute ago, pushbrk said:

Where are you seeing the term "physically present"?  Why is that a concern for youi?

My understanding was that "Country of Domicile' in the i-864 is defined as where you are "physically present", i.e: where you go to work and live.   Am I misunderstanding this?  Perhaps my understanding of 'domicile' is confused. 

[pushbrk 12,083]

2 minutes ago, ArtistKid said:

My understanding was that "Country of Domicile' in the i-864 is defined as where you are "physically present", i.e: where you go to work and live.   Am I misunderstanding this?  Perhaps my understanding of 'domicile' is confused. 

Never heard the term physically present used in this context.  Please quote what you are reading on any applicable form or its instructions that gave you your current "understanding".

 

Using that logic, you would domiciled in the country in which you are physically present the day you sign and submit the I-864.  You can be anywhere in the world you want to be on that day.

 

There's more detail but this is the language from the applicable instructions.  Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future.