Domicile and proof of employment while living overseas

[robert123 0]

Hello everyone,

I am a naturalized U.S. citizen and have lived with my parents in the U.S. until September of last year, when I decided to quit my job in the U.S. and move in with my fiancee overseas for a while with the intention of taking her back with me. I kept my health insurance, bank accounts and I still have a valid Driver's License from my state.

Overseas, to help with our finances, I worked for a few months in a local company. I finally convinced my fiancée to come to the U.S. with me and we would like to start the immigration process from overseas do we don't have to part for a few months.

I understand that I would have to file Form I-864 [http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD] but special instructions say that I would need provide "proof of current employment or self employment". There is also the issue of domicile. Should I claim U.S. domicile or willingness to re-establish domicile? Can I show proof of my employment overseas or would that automatically disqualify me from claiming U.S. domicile? In our situation is it even possible to file for K1 or CR1 from an overseas country that does not have a USCIS field office? All experiences would be very welcome. Thank you.

[Anh map 2,098]

Hello everyone,

I am a naturalized U.S. citizen and have lived with my parents in the U.S. until September of last year, when I decided to quit my job in the U.S. and move in with my fiancee overseas for a while with the intention of taking her back with me. I kept my health insurance, bank accounts and I still have a valid Driver's License from my state.

Overseas, to help with our finances, I worked for a few months in a local company. I finally convinced my fiancée to come to the U.S. with me and we would like to start the immigration process from overseas do we don't have to part for a few months.

I understand that I would have to file Form I-864 [http://www.uscis.gov...004718190aRCRD] but special instructions say that I would need provide "proof of current employment or self employment". There is also the issue of domicile. Should I claim U.S. domicile or willingness to re-establish domicile? Can I show proof of my employment overseas or would that automatically disqualify me from claiming U.S. domicile? In our situation is it even possible to file for K1 or CR1 from an overseas country that does not have a USCIS field office? All experiences would be very welcome. Thank you.

Are you planning to petition for a fiancee visa or spouse visa? Different forms, different processes.

You will need a US domicile regardless of path. You seem to have that with the parents' address, bank account,, etc.

With no US based income you will need a joint sponsor along with your sponsorship.

What country is your fiancee from?

Edited July 15, 2012 by Anh map

[Ryan H 3,810]

In our situation is it even possible to file for K1 or CR1 from an overseas country that does not have a USCIS field office?

Yes, it is possible. You would send the appropriate forms and documentation to the lockbox facility in the US that is listed on the form instructions for the form you fill out.

[robert123 0]

Are you planning to petition for a fiancee visa or spouse visa? Different forms, different processes.

You will need a US domicile regardless of path. You seem to have that with the parents' address, bank account,, etc.

With no US based income you will need a joint sponsor along with your sponsorship.

What country is your fiancee from?

Thank you for your answer We will probably go with CR-1 but we are still researching our options.

As for my U.S. domicile and living overseas do you think I would just put my current address abroad as the mailing address (item 12) and my parents' address as the place of residence (item 13)? My parents would be willing to act as a joint sponsor.

Speaking of non-US based income, in item 22 (unemployed since) should I use the last day of my U.S. job or the last day of my job abroad?

My fiancee is from Poland and I'm staying at her place now.

[celinayfran 2]

Thank you for your answer We will probably go with CR-1 but we are still researching our options.

As for my U.S. domicile and living overseas do you think I would just put my current address abroad as the mailing address (item 12) and my parents' address as the place of residence (item 13)? My parents would be willing to act as a joint sponsor.

Speaking of non-US based income, in item 22 (unemployed since) should I use the last day of my U.S. job or the last day of my job abroad?

My fiancee is from Poland and I'm staying at her place now.

Just to clarify, CR-1 option is for USC spouse so you would have marrry before filing the 1-130 petition. Otherwise you would file for K-1 fiance visa.

I have been living abroad with my hubby but have also maintained my US domicile (my parents address, CC, bank, etc).

For all paperwork I put US address as mailing address. Then listed my address abroad as residence. I also attached a letter explaining my situation, that I am temporarily living abroad, have US domicile and clarifying the 2 different addresses.

Good luck!

[robert123 0]

Just to clarify, CR-1 option is for USC spouse so you would have marrry before filing the 1-130 petition. Otherwise you would file for K-1 fiance visa.

We are not afraid to commit

I have been living abroad with my hubby but have also maintained my US domicile (my parents address, CC, bank, etc).

For all paperwork I put US address as mailing address. Then listed my address abroad as residence. I also attached a letter explaining my situation, that I am temporarily living abroad, have US domicile and clarifying the 2 different addresses.

Good luck!

Don't you mean the other way around? I figured that if I am claiming U.S. domicile I should use my U.S. address as the residence and my address overseas as the mailing address. Otherwise, how would letters from USCIS reach us?

[celinayfran 2]

We are not afraid to commit

Don't you mean the other way around? I figured that if I am claiming U.S. domicile I should use my U.S. address as the residence and my address overseas as the mailing address. Otherwise, how would letters from USCIS reach us?

No, because part of having/being able to prove US domicile is providing a US permanent mailing address as stated in I-864 instructions . While maintaining this permanent US mailing address (on bank/CC statement, drivers license, voting record, etc) you could be residing, albeit temporarily in another country, like myself. You should list your US address as primary mailing address always. This is what I did and our 1-130 was approved in 11 weeks. As stated also attached a letter explaining the address situation just to be clear:)

[celinayfran 2]

We are not afraid to commit

Since you mentioned fiance in yoru original post just wanted to clarify

Don't you mean the other way around? I figured that if I am claiming U.S. domicile I should use my U.S. address as the residence and my address overseas as the mailing address. Otherwise, how would letters from USCIS reach us?

No, because part of having/being able to prove US domicile is providing a US permanent mailing address as stated in I-864 instructions . While maintaining this permanent US mailing address (on bank/CC statement, drivers license, voting record, etc) you could be residing, albeit temporarily in another country, like myself. You should list your US address as primary mailing address always. This is what I did and our 1-130 it was approved in 11 weeks. As I previousy stated I also attached a letter explaining the address situation just to be clear on I-130 and I-864:)

[robert123 0]

No, because part of having/being able to prove US domicile is providing a US permanent mailing address as stated in I-864 instructions . While maintaining this permanent US mailing address (on bank/CC statement, drivers license, voting record, etc) you could be residing, albeit temporarily in another country, like myself. You should list your US address as primary mailing address always. This is what I did and our 1-130 it was approved in 11 weeks. As I previousy stated I also attached a letter explaining the address situation just to be clear on I-130 and I-864:)

That makes sense. I understand your reasoning. I take it you entered your U.S. mailing address on I-130 (item 2) and had your parents forward the correspondence from USCIS to you?

[celinayfran 2]

That makes sense. I understand your reasoning. I take it you entered your U.S. mailing address on I-130 (item 2) and had your parents forward the correspondence from USCIS to you?

YES!! (If I am not mistaken I believe 1-130 instructions state that you must privide US address for item 2). If you include a G-1145 in your I-130 packet, all correspondence gets emailed to you and then also to the beneficiary once you make it to NVC. All forms you need can be found online. Its a complicated process and time consuming but if you do your homeowrk and are detailed oriented its all about following through. Our jourmey has been smooth so far thank the universe but we do not have a complicated case ( NO kids, divorce, high fraud country, denied US entry or overstay, criminal record, etc).

Best of Luck!!