Proving US Residence

[nikolacolada 21]

We applied for the K1 visa back in December, and we've already received our NOA2 and are getting our paperwork together for the interview. We hired a lawyer because I am currently living in Mexico with my fiance.

My lawyer just emailed and said that one of the problems we're going to have is proving that I am still "domiciled" in the US.. I didn't realize this was a requirement for the K1, as in looking through the requirements it never mentioned it. I'm a US citizen and everything but I have been in Mexico for the past three years. I still have bank accounts, a license, insurance, all my furniture, a car, clothing, etc in the US and my parents are going to be our financial sponsors since I obviously don't have a job in the US right now.

Is this really something that I have to prove? What are the chances we'll get denied because of something like this? It doesn't make sense to me because if you're married you can DCF..

Anyone ever heard of this requirement?

thanks in advance

Edited May 18, 2011 by nikolacolada

[canadian_wife 1,808]

I can speak for Canada, it is a HUGE issue.

Part of what you have to prove is that you are a resident of the US, not just a citizen, that will enter with or before your fiance. Simply saying 'take my word for it' isn't going to fly

in Canada, they are really really strict about it, US citizens interviewing in Montreal need to have a job and a home lined up in order for the visa to be issued. I am not sure what the consulate in MX will need

Good luck

[JoannaV 174]

DCF has the same issue: obviously you can petition whilst living in the foreign country, but you have to prove that you will be moving back to the US at the same time or before your fiance/spouse. Evidence that you've kept your car, have furniture stored, are paying for insurance, have current driving license and bank accounts, and have filed taxes are all good things. You can also provide proof that you are looking for a job back in the US and accommodation.

[nikolacolada 21]

So I should probably line up a job before going back to the US with my fiance then. Does anyone have any other suggestions for proof? I'm kind of annoyed that my lawyer didn't tell me about this from the very beginning when I asked him if it was going to be an issue.

And what are they going to do, request this information from my fiance when he goes to interview? They won't let US citizens into the consulate with the fiance for the interview..

Edited May 19, 2011 by nikolacolada

[JimVaPhuong 4,863]

Domicile is a requirement of the I-864 affidavit of support. K1 petitioners don't sign an I-864 until AFTER their fiancee comes to the US, marries them, and they file for adjustment of status.

Domicile in the US is not a requirement for the I-134 affidavit of support.

I think your attorney is incorrect.

[nikolacolada 21]

Domicile is a requirement of the I-864 affidavit of support. K1 petitioners don't sign an I-864 until AFTER their fiancee comes to the US, marries them, and they file for adjustment of status.

Domicile in the US is not a requirement for the I-134 affidavit of support.

I think your attorney is incorrect.

THANK you. This makes perfect sense and I just double checked it on the embassy website and the travel.state.gov site and they both clearly state that the I-864 is not needed until after entry into the US I didn't think I needed to prove domicile right now. You know we hired a lawyer because we thought the process might be a little more complicated due to the fact that I'm here in Mexico with my fiance .. but up until now the only complications have been because of the lawyer lol.

[* Kristin * 49]

I'm not 100% sure how things work for Mexico, so please bear that in mind ;-) You will need some sort of affadavit of support for the K1 (I-134 for the UK and most other countries). You cannot use foreign income on that. So as long as you have someone else lined up in the US who can do that for you, then you should be in good shape.

I was like you - living abroad with my other half - but moved back a few months ago and got a job, etc. just to make things hopefully easier in the long run ;-) All then best!

THANK you. This makes perfect sense and I just double checked it on the embassy website and the travel.state.gov site and they both clearly state that the I-864 is not needed until after entry into the US I didn't think I needed to prove domicile right now. You know we hired a lawyer because we thought the process might be a little more complicated due to the fact that I'm here in Mexico with my fiance .. but up until now the only complications have been because of the lawyer lol.

[nikolacolada 21]

I'm not 100% sure how things work for Mexico, so please bear that in mind ;-) You will need some sort of affadavit of support for the K1 (I-134 for the UK and most other countries). You cannot use foreign income on that. So as long as you have someone else lined up in the US who can do that for you, then you should be in good shape.

I was like you - living abroad with my other half - but moved back a few months ago and got a job, etc. just to make things hopefully easier in the long run ;-) All then best!

We do have my parents as financial sponsors for the I-134, so thats not a problem.. I was just worried when my lawyer said I needed to prove that I was still a resident of the US. I guess legally I still am but I have no job or anything there right now.. I freaked out for a second, but it seems now like it was just a mistake .. I'm calm again lol

[* Kristin * 49]

Correct - as long as you have your parents for the I-134, you are fine. You are still a citizen No residency requirement!

We do have my parents as financial sponsors for the I-134, so thats not a problem.. I was just worried when my lawyer said I needed to prove that I was still a resident of the US. I guess legally I still am but I have no job or anything there right now.. I freaked out for a second, but it seems now like it was just a mistake .. I'm calm again lol