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Found 17 results

  1. Hi Guys, I am sponsoring my parents in their IR5 visa, While filling I-864 I made a mistake, instead of putting country of Domicile as USA, I put my home country Pakistan as country of domicile, reason behind I was thinking domicile meaning is country of birth. I have already sent the forms, Let me know what should I do now? Thanks
  2. My husband (the applicant) had his IR1 interview in Mumbai and received a 221g letter asking for submission of additional documents to prove that I intend to reestablish domicile in the US. (I have been living in India for a few years.) We live in New Delhi and planned to drop the documents and passport, as requested in the 221g letter there. However when we make an appointment with the VAC on US Travel Docs, we have to select a date for the appointment and the location by default is Mumbai. We are confused. Do we drop the documents (and passport?) in Delhi? Do we need to travel with them to Mumbai again? What is a "Follow Up Appointment" and do we need to submit additional documents there or to a drop box anywhere beforehand? I've seen a few queries like this here. Would appreciate any help.
  3. First off just want to say that this community is wonderful. I learned so much more than what I expected to. For context, I physically met my girlfriend (soon-to-be-spouse) in Argentina (I'm a US citizen) about a month ago and now we're looking at the next steps for bringing her into the US. We were considering k-1 visa for a while but after reading into forums and speaking to an immigration agent, we believe that CR-1 would be the better move since they'll both take about the same amount of processing time. Plus she would be able to work as soon as she arrives to the US. Now here's my question. I'm currently searching for a remote job in the US (I'm a software developer) that would allow me to travel and visit my girlfriend every so often while we wait for the files to process. Could this later be an issue? I'm not sure if I'll have to be asked to prove that I'm domicile. I could get proof of US taxes, bank statements, and letter from my parents that we would be living with them once she arrives until we find an apartment. Some other questions I have on my mind: Do I need to be making over the minimum poverty guideline for the past 3 years or just the current year? I was in college 2 years ago not making much income. Can I marry my girlfriend and submit form I-130 even though I haven't secured the job? I'm pretty certain I'd be able to find employment within 3 months max. We plan on marrying in Argentina, then having the religious/spiritual ceremony after a year. Not sure if this should all be done after green card is obtained? I wanted to submit as soon as we legally marry. Any other advice is greatly appreciated! Thanks!
  4. Hey everyone, KT here. I've been with MT for 10 years now, we met here in the Philippines during our schoolyears. We're pretty much like an old married couple at this point. MT is a natural born US Citizen but was raised here in the Philippines by his crazy mom. While he does have an SSN and US passport, his mom never bothered to bring him back to the US or even get him any documents/bank accounts/IDs from there. Now, he's planning on moving back to the US due to the Philippine economy experiencing issues, but the problem is while I have a tourist visa and can visit, I can't likely stay there forever. So now we're thinking of him petitioning me via his citizenship. A hurdle I see for the both of us is him establishing domicile - he's currently employed by an Australian company which pays above minimum wage if we're talking USD. We've decided we can stay with my relatives in California while we get his paperwork set up so that's the matter of the address settled, but I was wondering - what exactly does he need to establish sufficient domicile if he plans on keeping his employment with the Australian company? He's working on a project basis so I believe he's counted as self-employed, but since 1) he's new to the workforce; 2) his income isn't enough to warrant filing taxes with IRS (I'm not sure about this since he was doing the research - he just said he didn't reach the threshold to pay income taxes since he lives abroad?) so it might be doubly hard to provide documents for establishing domicile. Is applying to jobs in the USA enough to establish sufficient domicile? Another question I have is - if we want to be physically apart for the least amount of time (I understand I need to stay here in the Philippines when my visa application is filed since I don't want to risk getting turned away at the turnstiles in LAX) - which route would be better between spouse and fiancee? We're kind of hesitant to get married here because divorce doesn't exist in the Philippines (not that we're planning on divorcing but we just like having the option) but if it makes the application easier, maybe we'll consider going the spouse route. Any advice is greatly appreciated! Thank you!
  5. Hi there! My wife and I received confirmation October 19th, 2021 that USCIS had received our Form I-130 and I-130A. We'd originally planned on having my wife move to the USA in February (she is a US citizen), with me coming down to visit a few times. However, it seems like visiting during the time an I-130 is pending can be grounds for dismissal for our application. Also, I am limited by my visa regulations (no more than 6 months in 12 caN be spent in the USA) and we are trying to spend the least amount of time apart. Therefore, we are now thinking that it may be best for us to continue to live in Canada until the I-130 is processed (my wife is a PR here). We had originally planned on having my wife move earlier because we thought she needed a US job to prove domicile. However, after speaking to an immigration lawyer, she suggested that my wife does not need to have a job in the USA at the time we are asked for a Visa interview. My questions are: Are there any other married couples on here who remained in Canada while awaiting the results of Form I-130? If so, what did your process look like? If we do remain in Canada until I-130 is accepted, what would my wife need to have ready to prove domicile when we are asked for the next steps? She has voted in every election, has maintained a US bank account even while living in Canada, has filed US taxes every year, and we have financial statements proving we have over 5x the poverty limit ($21,000). Does my wife need to have a job in the USA at the time we go for our Visa interview? We are not trying to break any rules/skirt around the law, but rather just want to establish a plan over the next 12 months to set ourselves up to be successful in our application and not spend too much time apart. Any help would be greatly appreciated! 🙂
  6. We live outside the US temporarily and need to show that my wife is still domiciled in the US as she is sponsoring my application. She meets the criteria. One is that she has voted in the US elections. She has done this but how can we prove it? This is the detail we're going off https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22 Thanks!
  7. Hi everyone! I'm new to this forum! PLEASE SUPPORT I'm a born US citizen, lived most of my life in Pakistan due to which I dont have an established US domicile and couldn't get my childs citizenship on birth abroad as well because i haven't lived much in US and just visited. Now applying I-130 for my husband and my child, child is a minor from my first marriage and we plan to move there. I had a few questions, 1- What should I do if I dont have a domicile, should I plan a visit to US and get my documents made like a bank account, tax filing, licence, rental agreement, childs school search etc. Or just an intent would be enough, and if either ways which are the most important documents to be made on priority? 2- in order to establish my domicile, if I have to go to US should I go before filing I-130 or afterwards before NVC stage for affidavit of support? Please note that I only have my US passport and social security number as of now and the rest I need to make, so can I file I-130 right now before I establish other documents/visit US? 3- I do have a sponsor cousin willing to sponsor us and meets the financial requirements as well for two independent cases and I can also show assets myself to sponsor them 4- my child is from first marriage, so what documents would I need to take him with me if need be, or nothing required as I do have permission though? 5- lastly, where should I apply from? Abroad or online or from US? And I do have a US address of my uncle where we plan to go and live with on rent so should I give that address? Thanks in advance! Quote
  8. I currently live in Ireland with my spouse, I’ve been here since January 2020 right after we got married. Our I 130 just got approved and we have just paid the two fees for NVC. For the I 864 I have to prove my intent to establish domicile, my parents will be writing up a lease agreement for us as we will be staying there when we get back. My question is on the lease should both me and my wife’s names be listed as tenants and both sign or should it only be in my name since she isn’t a green card holder yet? Has anyone done anything similar and what did you do and was it approved? Thanks for the help
  9. Hi, Background: My wife's IR1 visa is currently at the NVC. I have already filled out and submitted I864 form online for Affidavit of support (AOS) I am a US citizen but have lived abroad here in the Philippines since 2014 but plan to return back to the US with my wife if she is granted an IR1 visa. I read that I am supposed to provide evidence (located here) of US domicile as part of the AOS package. My question is that upon returning to the US, my wife and I are planning to live with my wife's sister indefinitely. Would I need to provide some type of documentary proof for taking up residence at my sister-in-law's? If so, what kind of documentary proof would be best e.g. a signed letter from my sister-in-law that she is allowing my wife and I to take up residence in her home indefinitely? Thanks!
  10. Hi, I am a US citizen about to move to Germany, to be with my girlfriend (who lives and works in Germany, but is a Belarusian citizen). We plan to get married after 6-12 months, if our in-person relationship works out. After that, we'll start the CR-1 process. Do you have any advice on what I can do to either maintain domicile, or demonstrate intention to domicile, without outright going back to the US and being separated from her for >18 months while the paperwork happens? I vote, have a bank and investment account, but don't own a home and plan to sell my car before I leave. I currently live with family, and will keep a mailing address here. I have enough assets for the affidavit of support, and can also get family to cosign. The issue is just domicile. I have no intention of remaining in Germany permanently. I'm only going there for her, and I want to minimize the time we have to spend apart; we've had quite enough of that already.
  11. Hi, my mother is petitioner for my sister greencard (F2A). The case is pending Embassy interview in few weeks. My mom spends quite some time in our country so she can take care of the younger sisters (she’s single). My question is, can my sisters enter the US alone and my mom join in few weeks( she want to ensure everything goes fine before she sells property and closes business back home). She already proved domicile in NVC stage. Thanks.
  12. I'm a USC born and raised in New Zealand. My wife's I-130 application has just switched to "actively reviewing" so I'm expecting NOA2 any day now and as such, trying to get everything organized to make NVC as smooth as possible. I'm still living in New Zealand until I finish my college degree in November. My wife is also in college and we'll both finish at the same time. I'll move immediately after finishing my degree and hopefully (with a joint sponsor) my wife will be able to move shortly after me. As soon as the case moves to NVC I will pay the fees for AOS and IV and complete DS-260. I wouldn't complete I-864 until I arrange a Joint Sponsor, but when I do, will this be enough to prove intent to establish domicile? I registered to vote as soon as I was eligible and have voted in every federal and state election that I've been able to. I have a permanent mailing address I use in the U.S. which is where I will initially reside when I live there. It is owned by a close family friend. Would it be worth getting him to write an affidavit stating that he was happy for me to live there, in place of a lease agreement? I have an SSN. I've filed U.S. taxes for 2020 but not for previous years as my income was too low. Would the above qualify as proof that I intend in good faith to establish domicile in the US before my wife would get there? Keeping in mind we are applying from a low-fraud country. Otherwise, is there anything else I could do to solidify this case, short of actually moving to the US? In the case we are unable to get a joint sponsor, if I move alone first and are employed in the US from December onwards, I'll file 2021 taxes which will have minimal U.S. income on it. Then, how long would I have to wait before having sufficient evidence to submit for the I-864 to sponsor alone? And is it okay to complete DS-260 in April 2021 and not complete I-864 until April 2022 or later? Thanks in advance.
  13. Hello everyone, I'd like some advice regarding domicile. To summarize my case very briefly: K1 filed in February, 2018 K1 denied after embassy interview, April 2019 Cr1 filed September, 2019 Currently, I am stuck in pending security checks at USCIS. I have since relocated to Pakistan with my son to live with my husband because I could not live alone in America due to my disability. I recently learned that I will have to have surgery and wanted my husband to apply for an emergency visa to accompany me to the Cleveland VA hospital. First, I sought out an immigration lawyer. This lawyer informed me that living in Pakistan and enrolling my son in a local school while waiting for the interview would severely complicate things and even result in a possible denial due to my inability to prove domicile. Will the embassy take my disability into consideration? What are your own experiences proving domicile when living abroad with your spouse? Thank you.
  14. My wife (USC) has spent most of her life outside the US. She has no tax returns, social security (filed for it recently), drivers licence or property in the US etc. Not voted either. Is intent enough to prove domicile? We were here as her parents were here and they too have moved to the US. We do plan to move together if things go well winding up everything here for good.
  15. Hi everyone! Hoping for help with proving that I will reestablish domicile in US after spouse visa approval. I've been abroad 7 years and have filed federal and state taxes all those years as married filing separately. However, once in US we want to buy a house so we are currently paying loads to amend past years as married filing jointly with my husband electing to be treated as a US citizen. Once these returns come through we will use this information for our I-864. What's throwing me a bit is the following from i-864 directions "B. Records of paying U.S. state or local taxes;" My accountant is advising that I don't file/amend state taxes as there is no other need to (I don't own property or get any of my income from the US). I would be filing as "nonresident" in my state anyways and we are not "paying" only filing. I am wondering how important it is for state taxes to be filed? Has anyone ran into this helping their case? I've been careful to keep "ties" in other ways, here are some examples. 1. Driving license current 2. Still have my same US bank account (and already starting to transfer funds) 3. Have voted in multiple elections over the years and am a registered voter of my state. My voter registration is affiliated with my permanent address. 4. Have a retirement fund associated with my state and permanent address. 5. Have maintained/renewed my teaching license for my state. 6. Email correspondence with mortgage brokers. 7. Email correspondence with accountants regarding change to my husband's filing status. 8. Employee hired where we intend to live (My husband has his own company and his first US hire was in the state we intend to move to) 9. Still have same cell phone number/cell phone plan associated with my permanent address. These are just the start, by the time we submit these documents, I will also probably have email correspondence with schools/childcare for my kids as well as email correspondence with shipping companies. It's possible we may even be approved for a mortgage by then. However my accountants need to know now if I want to pay for state taxes to be filed. Anyone have ideas or experience with this? How important are the "state and local taxes"? Thanks in advance!
  16. Can the interviewer at US Consulate Montreal access the USC (petitioner) travel history (by land border) to Canada? The petitioner works in U.S., has a valid U.S. driver's license, car insurance & registration, health insurance and phone contract. He visited me (beneficiary) for some (extended) time last year after I had an accident to take care of our son. Is it going to affect his domicile (considering Montreal is v strict on domicile)?
  17. Hello all. Thanks for answering my questions so far. I just wanted to mention, that all the questions I asked in my posts are hypotheticals. The only fact right now is that I am waiting for an interview date with the consulate in Montreal. That said, my spouse initially put through my application while they were in the US. Their residence was, of course, the US. They then came to Canada while the application was being processed in February 2020. They got a Canadian work permit and a job here, as we had a baby. It is not with a US organization, or anything special. They just got a job at a Warehouse. They are still here, though, and they are still working. But they have maintained their presence in the US, for example, they did their 2019 US taxes, maintained their US bank accounts, registered to vote, etc. Our documents were DQ August 2020. As of June 2020, we will be married for two years. If they are still in Canada whether it is before our two year mark, or after the two year mark, will my spouse being in Canada during my interview with the US consulate be an issue? Thank you so much.
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