Proof of Domicile

[Dave Knapp 47]

I am a US citizen who has lived in the Philippines pretty much continuously since January 2016 - 2 visits to US in 2018, 1 in 2019. Trapped by COVID ever since, but could go now if it helps.   I recently married a Filipina and Filed the I-130 online since DCF is not allowed. My concern is 2 fold. 1. This is not my first rodeo.  In 2001, I brought a Russian woman to the US on a K1.  We married and she commenced to destroy the marriage and we ended up divorcing in 2004.   I moved to the Philippines, met a young lady and after 2 years applied for a K1, was approved, despite the previous occurrence, and we went to the US in 2006 and married.  In 2016, we moved to the Philippines for her to go to nursing school there, and after 12 years of marriage, she falls in love with a classmate and we split up and divorce ( online in the US).  That causes me concern about what the NVC and/or a CO would think.  The second issue is that I do not have a brick and mortar domicile in the US.  I have US bank account, Valid Florida drivers License, valid Florida Voter registration, mailing address, and investment accounts there, but no "home". I used my sister's address on the I-130.   I could by a small building lot and have it deeded to us jointly to show intent to live there, but I wonder what is needed. I'd appreciate everyone's sense on how deep this pit is.  Thanks.

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

[Devarj 36]

I would just state (if asked) that you live in the same home as your sister. That's not unusual. Will buy a home after arriving in the USA.

[Chancy 6,233]

1 hour ago, Devarj said:

I would just state (if asked) that you live in the same home as your sister.

 

And that would be a lie.  OP already stated that he currently lives in the Philippines.  Never lie to US immigration.

 

[Redro 4,602]

If you live abroad you should show intent to re-establish domicile. 

The current ties to the USA should be sufficient but, you should include a letter from your sister stating you'll be staying in her home when you first return to the States or a lease. You can also show proof of interactions with real estate agents looking for a new home/ building (if you are in fact doing that).

You should also write your own letter stating the plans you've made to re-establish domicile and your plans once you arrive back in the States. 

 

I'm not sure if your third application to sponsor a spouse will be an issue, but it might raise some flags. You should probably make sure your evidence for bonafide relationship is especially strong (co-mingling of finances, joint accounts in the Philippines- if that is possible, proof you live together, and lots of photos with mutual friends and family). 

 

[flicks1998 1,044]

7 hours ago, Dave Knapp said:

I am a US citizen who has lived in the Philippines pretty much continuously since January 2016 - 2 visits to US in 2018, 1 in 2019. Trapped by COVID ever since, but could go now if it helps.   I recently married a Filipina and Filed the I-130 online since DCF is not allowed. My concern is 2 fold. 1. This is not my first rodeo.  In 2001, I brought a Russian woman to the US on a K1.  We married and she commenced to destroy the marriage and we ended up divorcing in 2004.   I moved to the Philippines, met a young lady and after 2 years applied for a K1, was approved, despite the previous occurrence, and we went to the US in 2006 and married.  In 2016, we moved to the Philippines for her to go to nursing school there, and after 12 years of marriage, she falls in love with a classmate and we split up and divorce ( online in the US).  That causes me concern about what the NVC and/or a CO would think.  The second issue is that I do not have a brick and mortar domicile in the US.  I have US bank account, Valid Florida drivers License, valid Florida Voter registration, mailing address, and investment accounts there, but no "home". I used my sister's address on the I-130.   I could by a small building lot and have it deeded to us jointly to show intent to live there, but I wonder what is needed. I'd appreciate everyone's sense on how deep this pit is.  Thanks.

Ill address the 3 points as quickly as possible.

 

1) There was never any US citizens "trapped" in the Philippines due to Covid.  USEM partnered with PAL to help send Americans home for the first past of the pandemic.  PAL  made special repatriation flights to the provinces, coordinated by USEM, to get USC's back to MNL to get flights home. I had many friends get those flights.  Those flights stopped once regular air routes were reestablished.

 

2) As for filing multiple visa applications for K1 or CR1.  This is not an issue as long as you properly disclose.  On the K1 forms, there is a section where you have to declare previous applications where you were the petitioner.  Since you did the K1 twice, you would know about this.  Ive worked for years with Global Nomads, career expats, regular expats, etc etc and many of these people have filed for multiple K1s or CR1s and never had an issue.  As @Chancy states, just disclose the truth.  COs dont really care as long as you are telling the truth.  Since part of my work involves immigration, Ive worked with a number of COs, not just for US Immigration, but Philippines, SIngapore, UK, etc etc.  The best advice that all of them have given is to just tell the truth.  It makes their job easy.  However if you lie on one line item, then the whole application is in question.  And no CO, wants to have their name attached to an application which was fraudulent.  I can tell you those COs in USEM have seen it all.  So, if the CR1/IR1 application asks for an explanation on previous applications (similar to what the I-129F asks for), then just disclose it.  People get divorced, people break up, its normal.

 

3) As one of the previous posters said on establishing domicile, it all comes down to "intent".  Just provide a brief explanation in the application, that you intend to move back to the US.  I filed for a K1 from Manila in August 2019.  I had been living permanently outside of the US since 1996 in Europe, the Middle East and throughout Asia.  During that time I had only been in the US for 10 days.  I had no US bank account (only retirement accounts and a brokerage account), no US drivers license, Ive never registered to vote in the US, I had no mailing address, etc.  I mailed our K1 visa packet from Manila, but because I had no access to US denominated money orders or checks, I asked a US friend living in the Philippines if he could write a check to USCIS and I paid him in cash.  Even for credit reports, I could no longer be verified in the system when I asked for one of these.  I didnt exist as all of my previous US credit cards were cancelled due to non-use.  I did file US taxes and FBARs yearly, but when I did return to the US, it took 4 hours to verify my identity with the IRS as they had inputted my overseas address incorrectly and that was one of the security questions they were asking me.  The point of this is I have almost zero connection to the US, but all I did was explain in the application that my "intent" was to move back to the country.  You will have no issue with this as you have not been away that long.  Dont sweat it.  And dont buy property just for the application.

 

I have had zero issues on any of this process.  I will disclose that part of my work involves immigration so I have been a frequent visitor into USEM and now work with our local USCIS office but only in the capacity of work visa's and not family based visas.  Nobody has ever asked any questions in this whole process.  We are in the AOS phase now and waiting for an interview at our local USCIS office, but most likely its going to be the same people I already work with there.  Just be honest through the whole process, provide just enough explanation and you should have no issues.  There are many other USC who have filed multiple visa applications.  

 

The biggest question you have is to yourself.  Do you really want to move back to the US?  I moved back to the US for my sons schooling (he was in school in Manila) but I have been extremely disappointed on my time back in the US.  It is not even close to the same place on when I left.  That is my fault for not doing proper due diligence.  However, if my son is happy after this school year finishes, then we will stay for a little longer.  I will continue to live in my bubble.   More than worry about what NVC or USCIS or USEM will think, just make sure you really want to return.  I know many USC's who will never come back and are living the dream overseas.

 

Hope that helps.  Good luck on whichever path you choose. 

Edited October 21, 2021 by flicks1998

[Unlockable 7,309]

6 hours ago, Devarj said:

I would just state (if asked) that you live in the same home as your sister. That's not unusual. Will buy a home after arriving in the USA.

Reminder that lying to immigration is not wise nor recommended, and advocating or suggesting to members on this site is against the TOS.

 

VJ Moderation

[Redro 4,602]

1 hour ago, flicks1998 said:

Ill address the 3 points as quickly as possible.

 

1) There was never any US citizens "trapped" in the Philippines due to Covid.  USEM partnered with PAL to help send Americans home for the first past of the pandemic.  PAL  made special repatriation flights to the provinces, coordinated by USEM, to get USC's back to MNL to get flights home. I had many friends get those flights.  Those flights stopped once regular air routes were reestablished.

 

2) As for filing multiple visa applications for K1 or CR1.  This is not an issue as long as you properly disclose.  On the K1 forms, there is a section where you have to declare previous applications where you were the petitioner.  Since you did the K1 twice, you would know about this.  Ive worked for years with Global Nomads, career expats, regular expats, etc etc and many of these people have filed for multiple K1s or CR1s and never had an issue.  As @Chancy states, just disclose the truth.  COs dont really care as long as you are telling the truth.  Since part of my work involves immigration, Ive worked with a number of COs, not just for US Immigration, but Philippines, SIngapore, UK, etc etc.  The best advice that all of them have given is to just tell the truth.  It makes their job easy.  However if you lie on one line item, then the whole application is in question.  And no CO, wants to have their name attached to an application which was fraudulent.  I can tell you those COs in USEM have seen it all.  So, if the CR1/IR1 application asks for an explanation on previous applications (similar to what the I-129F asks for), then just disclose it.  People get divorced, people break up, its normal.

 

3) As one of the previous posters said on establishing domicile, it all comes down to "intent".  Just provide a brief explanation in the application, that you intend to move back to the US.  I filed for a K1 from Manila in August 2019.  I had been living permanently outside of the US since 1996 in Europe, the Middle East and throughout Asia.  During that time I had only been in the US for 10 days.  I had no US bank account (only retirement accounts and a brokerage account), no US drivers license, Ive never registered to vote in the US, I had no mailing address, etc.  I mailed our K1 visa packet from Manila, but because I had no access to US denominated money orders or checks, I asked a US friend living in the Philippines if he could write a check to USCIS and I paid him in cash.  Even for credit reports, I could no longer be verified in the system when I asked for one of these.  I didnt exist as all of my previous US credit cards were cancelled due to non-use.  I did file US taxes and FBARs yearly, but when I did return to the US, it took 4 hours to verify my identity with the IRS as they had inputted my overseas address incorrectly and that was one of the security questions they were asking me.  The point of this is I have almost zero connection to the US, but all I did was explain in the application that my "intent" was to move back to the country.  You will have no issue with this as you have not been away that long.  Dont sweat it.  And dont buy property just for the application.

 

I have had zero issues on any of this process.  I will disclose that part of my work involves immigration so I have been a frequent visitor into USEM and now work with our local USCIS office but only in the capacity of work visa's and not family based visas.  Nobody has ever asked any questions in this whole process.  We are in the AOS phase now and waiting for an interview at our local USCIS office, but most likely its going to be the same people I already work with there.  Just be honest through the whole process, provide just enough explanation and you should have no issues.  There are many other USC who have filed multiple visa applications.  

 

The biggest question you have is to yourself.  Do you really want to move back to the US?  I moved back to the US for my sons schooling (he was in school in Manila) but I have been extremely disappointed on my time back in the US.  It is not even close to the same place on when I left.  That is my fault for not doing proper due diligence.  However, if my son is happy after this school year finishes, then we will stay for a little longer.  I will continue to live in my bubble.   More than worry about what NVC or USCIS or USEM will think, just make sure you really want to return.  I know many USC's who will never come back and are living the dream overseas.

 

Hope that helps.  Good luck on whichever path you choose. 

Reverse culture shock is a thing. When children are involved, it's always smart to figure out if a US education or intl education serves them better. 

I know countless couples here in Korea who know an American education will be better for their kids even if living in the States isn't as awesome as life in Korea. 

[flicks1998 1,044]

7 minutes ago, Kor2USA said:

Reverse culture shock is a thing. When children are involved, it's always smart to figure out if a US education or intl education serves them better. 

I know countless couples here in Korea who know an American education will be better for their kids even if living in the States isn't as awesome as life in Korea. 

Very true.  And its the reverse culture shock that people tend to overlook or not consider but can be much more impactful than culture shock itself.

[VanHalen 3]

3 hours ago, Kor2USA said:

If you live abroad you should show intent to re-establish domicile. 

The current ties to the USA should be sufficient but, you should include a letter from your sister stating you'll be staying in her home when you first return to the States or a lease. You can also show proof of interactions with real estate agents looking for a new home/ building (if you are in fact doing that).

You should also write your own letter stating the plans you've made to re-establish domicile and your plans once you arrive back in the States. 

 

I'm not sure if your third application to sponsor a spouse will be an issue, but it might raise some flags. You should probably make sure your evidence for bonafide relationship is especially strong (co-mingling of finances, joint accounts in the Philippines- if that is possible, proof you live together, and lots of photos with mutual friends and family). 

 

Consular Officer will not bother to question about the past relationships and I highly doubt it will even be discussed, even if the OP at the interview.

[Redro 4,602]

45 minutes ago, flicks1998 said:

Very true.  And its the reverse culture shock that people tend to overlook or not consider but can be much more impactful than culture shock itself.

I'm part of a vast expat community, so I know reverse culture shock usually leads to another stint overseas (I did it my ownself   ) .

 

[VanHalen 3]

9 hours ago, Dave Knapp said:

I am a US citizen who has lived in the Philippines pretty much continuously since January 2016 - 2 visits to US in 2018, 1 in 2019. Trapped by COVID ever since, but could go now if it helps.   I recently married a Filipina and Filed the I-130 online since DCF is not allowed. My concern is 2 fold. 1. This is not my first rodeo.  In 2001, I brought a Russian woman to the US on a K1.  We married and she commenced to destroy the marriage and we ended up divorcing in 2004.   I moved to the Philippines, met a young lady and after 2 years applied for a K1, was approved, despite the previous occurrence, and we went to the US in 2006 and married.  In 2016, we moved to the Philippines for her to go to nursing school there, and after 12 years of marriage, she falls in love with a classmate and we split up and divorce ( online in the US).  That causes me concern about what the NVC and/or a CO would think.  The second issue is that I do not have a brick and mortar domicile in the US.  I have US bank account, Valid Florida drivers License, valid Florida Voter registration, mailing address, and investment accounts there, but no "home". I used my sister's address on the I-130.   I could by a small building lot and have it deeded to us jointly to show intent to live there, but I wonder what is needed. I'd appreciate everyone's sense on how deep this pit is.  Thanks.

No need to buy any property, you still have a US Mailing address

 

NVC doesn't care about your past petitions, as long as you follow the instructions on the form

 

I would be shocked if the CO asks about any prior petitions

 

Good Luck

[Dave Knapp 47]

Thanks to every one for your input.  To Flicks1998, my current thinking is to rent where I used to live in Florida.  Rentals are very expensive in the winter because of the snowbirds coming there from up north, but during the summer and fall they are very reasonable. I could execute a 6 months lease and we would have a place to stay and an address for USCIS.  Our intention is to travel, and maybe spend 6 to 8 months a year in the US and the rest in the Philippines. I am aware that her green card would be in jeopardy if she stays out the country to long. Thanks again for the input.

[dnavinnie 132]

On 10/21/2021 at 7:21 AM, flicks1998 said:

Ill address the 3 points as quickly as possible.

 

1) There was never any US citizens "trapped" in the Philippines due to Covid.  USEM partnered with PAL to help send Americans home for the first past of the pandemic.  PAL  made special repatriation flights to the provinces, coordinated by USEM, to get USC's back to MNL to get flights home. I had many friends get those flights.  Those flights stopped once regular air routes were reestablished.

 

2) As for filing multiple visa applications for K1 or CR1.  This is not an issue as long as you properly disclose.  On the K1 forms, there is a section where you have to declare previous applications where you were the petitioner.  Since you did the K1 twice, you would know about this.  Ive worked for years with Global Nomads, career expats, regular expats, etc etc and many of these people have filed for multiple K1s or CR1s and never had an issue.  As @Chancy states, just disclose the truth.  COs dont really care as long as you are telling the truth.  Since part of my work involves immigration, Ive worked with a number of COs, not just for US Immigration, but Philippines, SIngapore, UK, etc etc.  The best advice that all of them have given is to just tell the truth.  It makes their job easy.  However if you lie on one line item, then the whole application is in question.  And no CO, wants to have their name attached to an application which was fraudulent.  I can tell you those COs in USEM have seen it all.  So, if the CR1/IR1 application asks for an explanation on previous applications (similar to what the I-129F asks for), then just disclose it.  People get divorced, people break up, its normal.

 

3) As one of the previous posters said on establishing domicile, it all comes down to "intent".  Just provide a brief explanation in the application, that you intend to move back to the US.  I filed for a K1 from Manila in August 2019.  I had been living permanently outside of the US since 1996 in Europe, the Middle East and throughout Asia.  During that time I had only been in the US for 10 days.  I had no US bank account (only retirement accounts and a brokerage account), no US drivers license, Ive never registered to vote in the US, I had no mailing address, etc.  I mailed our K1 visa packet from Manila, but because I had no access to US denominated money orders or checks, I asked a US friend living in the Philippines if he could write a check to USCIS and I paid him in cash.  Even for credit reports, I could no longer be verified in the system when I asked for one of these.  I didnt exist as all of my previous US credit cards were cancelled due to non-use.  I did file US taxes and FBARs yearly, but when I did return to the US, it took 4 hours to verify my identity with the IRS as they had inputted my overseas address incorrectly and that was one of the security questions they were asking me.  The point of this is I have almost zero connection to the US, but all I did was explain in the application that my "intent" was to move back to the country.  You will have no issue with this as you have not been away that long.  Dont sweat it.  And dont buy property just for the application.

 

I have had zero issues on any of this process.  I will disclose that part of my work involves immigration so I have been a frequent visitor into USEM and now work with our local USCIS office but only in the capacity of work visa's and not family based visas.  Nobody has ever asked any questions in this whole process.  We are in the AOS phase now and waiting for an interview at our local USCIS office, but most likely its going to be the same people I already work with there.  Just be honest through the whole process, provide just enough explanation and you should have no issues.  There are many other USC who have filed multiple visa applications.  

 

The biggest question you have is to yourself.  Do you really want to move back to the US?  I moved back to the US for my sons schooling (he was in school in Manila) but I have been extremely disappointed on my time back in the US.  It is not even close to the same place on when I left.  That is my fault for not doing proper due diligence.  However, if my son is happy after this school year finishes, then we will stay for a little longer.  I will continue to live in my bubble.   More than worry about what NVC or USCIS or USEM will think, just make sure you really want to return.  I know many USC's who will never come back and are living the dream overseas.

 

Hope that helps.  Good luck on whichever path you choose. 

I just have a personal note to add to this good explanation. I went thru 2 K1s...one successful and one not plus I just finishes a successful CR1 so as long as you show good evidence and handle any RFEs it is possible.