US/UK Dual Citizen - K1 Domicile Issues?

[lirwin2000 0]

Our situation is the USC is a UK/US dual national and is living in the Uk at the moment and has been pretty much all his life. We were wanting to file for the K1 now (and use the address of Family in the US) In the new year the USC will be moving back to the US and will be there before interview stage. The USC has US bank accounts and will have a job over there by the time of the interview. But when we file he will be in the UK working here.

Do you think we will have any problems regarding Domicile?

[payxibka 10,045]

Our situation is the USC is a UK/US dual national and is living in the Uk at the moment and has been pretty much all his life. We were wanting to file for the K1 now (and use the address of Family in the US) In the new year the USC will be moving back to the US and will be there before interview stage. The USC has US bank accounts and will have a job over there by the time of the interview. But when we file he will be in the UK working here.

Do you think we will have any problems regarding Domicile?

A job is not the only thing that can create domicile. Domicile can be demostrated with a US address, US banking and having filed US taxes (this is a big one!)

Edited October 13, 2008 by payxibka

[Lansbury 19]

The London Embassy is quite accommodating about domicile. A lot of us have been in a similar situation as you are in.

My wife (USC) lived in the UK for ten years. Her proof of domicile was her Oregon driving license with her sons address on it. The Embassy didn't even ask for proof just accepted what we had put on the forms. Somewhere on the Embassy web site they give their definition of what is acceptable for domicile and it is very open.

Make sure you have filed the last three years of tax returns. If you haven't contact the IRS at the London Embassy for assistance.

[lirwin2000 0]

The London Embassy is quite accommodating about domicile. A lot of us have been in a similar situation as you are in.

My wife (USC) lived in the UK for ten years. Her proof of domicile was her Oregon driving license with her sons address on it. The Embassy didn't even ask for proof just accepted what we had put on the forms. Somewhere on the Embassy web site they give their definition of what is acceptable for domicile and it is very open.

Make sure you have filed the last three years of tax returns. If you haven't contact the IRS at the London Embassy for assistance.

that is great to hear.

can i just ask at what stage of the process do you need to provide proof of domicile?

[ginger1981 0]

I'm just curious...but are dual citizens treated the same as non-USC? Or is this some sort of gray area as the OP has both US and UK citizenship? I'm just wondering since I thought that you didn't need to go through the USCIS process if you had US citizenship. I have a friend who has dual US/Canadian citizenship and lived in Canada all her life before coming here...from what I understood with her she never had to go through the USCIS when she was moving here.

[payxibka 10,045]

I'm just curious...but are dual citizens treated the same as non-USC? Or is this some sort of gray area as the OP has both US and UK citizenship? I'm just wondering since I thought that you didn't need to go through the USCIS process if you had US citizenship. I have a friend who has dual US/Canadian citizenship and lived in Canada all her life before coming here...from what I understood with her she never had to go through the USCIS when she was moving here.

A USC is a USC.... does not matter if the USC as dual, triple or quadruple citizenship.... any USC is afforded the same rights and liberties as all USC's...

A USC does NOT need a visa to come to the USA to live.... They have a US passport.. is all they need

A USC does not need to deal with the USCIS for themselves... but if they wish to petition for an alien relative then they do for the purpose of the alien

[MargotDarko 0]

I'm just curious...but are dual citizens treated the same as non-USC? Or is this some sort of gray area as the OP has both US and UK citizenship? I'm just wondering since I thought that you didn't need to go through the USCIS process if you had US citizenship. I have a friend who has dual US/Canadian citizenship and lived in Canada all her life before coming here...from what I understood with her she never had to go through the USCIS when she was moving here.

One half of couple is a UK citizen and the other half a US/UK citizen living in the UK for most of their life.

Domicile won't be question until the process has moved to the NVC which a few months into it I believe. And having the US bank accounts (and presumably a US address to use?) should mean he's already fine anyway.

[elmcitymaven 9,712]

Just wondering... Is there any reason why you particularly want to do K1 instead of DCF? If you got married before filing, you would be able to bypass the US-side processing by doing DCF and the UKC would benefit from a CR1 visa (no need for AOS means a lot cheaper and the UKC could work right away).

[hello 0]

Just wondering... Is there any reason why you particularly want to do K1 instead of DCF? If you got married before filing, you would be able to bypass the US-side processing by doing DCF and the UKC would benefit from a CR1 visa (no need for AOS means a lot cheaper and the UKC could work right away).

we haven't really looked into this option. how long would this process take? would i need to be in the US for alot longer to establish domicile?

[MargotDarko 0]

Just wondering... Is there any reason why you particularly want to do K1 instead of DCF? If you got married before filing, you would be able to bypass the US-side processing by doing DCF and the UKC would benefit from a CR1 visa (no need for AOS means a lot cheaper and the UKC could work right away).

we haven't really looked into this option. how long would this process take? would i need to be in the US for alot longer to establish domicile?

Once you were married, the process is faster than getting a K1 visa and results in a better visa - CR1 is an immigrant visa that means you would be a permanent resident upon arriving in the US and able to work right away. And you wouldn't have to mess about with the immigration people again for two years.

I'm a little confused - are both halves of the couple posting with the same username? It's the US/UK half who would need US domicile, and I was thinking that was the male half and that the OP was the girly half of the couple.

At any rate, once married, the DCF process takes about five to six months. The US half of the couple would need to be in the UK when the I-130 was filed in London. He could then go to the US at the start of next year as planned, and domicile would definitely be established by the time the interview rolled around a few months later.

EDIT - Oh! It's different usernames. Hehe. Oops.

Edited October 14, 2008 by MargotDarko