DCF in Australia - Reestablishing Domicile Requirements

[amylp 0]

I posted the below in the CR-1 discussion area, but perhaps it's more appropriate here. Hope someone can help!

I'm a US citizen married to an Irish citizen. I moved over to Ireland in October 2007 after we got married. When I moved to Ireland, I was given a 1 year visa to live there (it would be changed to permanent after that one year). After 6 months of marriage, my husband's job brought us to Australia, where we have been for the past 20 months now (on temporary Australian work visas). Since we have been in Australia, my Irish visa has lapsed and I haven't renewed it because we're planning to move to the US soon.

After reading some of people's stories on these forums, it seems that the proof of reestablishing domicile required seems to vary quite a bit from country to country. Does anyone have experience with the office in Sydney, Australia? I don't have an interview date scheduled yet (or even my I-130 filed - that's scheduled for 17 December), but I am trying to get as much together as soon as possible.

I am planning to have the following prepared for my husband's interview:

-My current California drivers license (renewed earlier this year) - has my US mailing address on it (Mom's house)

-Current CA voter registration

-Current US bank account (kept open ever since I moved abroad)

-Proof of filing US taxes while abroad

Will this be enough for the Sydney office? (It seems this amount of info would just be laughed out of some places)

I was also considering setting up a lease agreement with either a friend or family member in the US.

My husband will be relocating with the company he currently works for to the US, but I'm not sure this can be included in the domicile stuff?

Also, possibly a stupid question here - is the evidence compiled with the DS-2001 mailed in with the DS-2001, or is it kept to be brought to the interview? I'm a bit confused over this because it looks like from reading other posts that people bring things in, but when reading info on the US Melbourne Consulate, it sounds like that stuff is all mailed in?

Thanks in advance for any help! I'm feeling a bit overwhelmed trying to scramble to get everything organized.

[YuAndDan 153]

Yes, you have what it takes, evidence that living abroad was temporary and did not give up domicile.

MORE: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[trailmix 77]

Hi,

Hopefully someone who has DCFed in Sydney will provide more information on this for you.

Yes, that domicile - or temporary absence info would be laughed out of the Montreal Consulate (I assume that is the one you are referring to ) - however as you mentioned - domicile proof is very consulate specific.

I don't know if the DS-2001 is also country specific, in Canada DCFers take those documents with them to the interview. I mean basically the DS-2001 is just indicating that you have all your ducks in a row and are ready to interview?

Absolutely your Husbands job relocation is important for 'reestablishing' domicile.

[amylp 0]

Hi,

Hopefully someone who has DCFed in Sydney will provide more information on this for you.

Yes, that domicile - or temporary absence info would be laughed out of the Montreal Consulate (I assume that is the one you are referring to ) - however as you mentioned - domicile proof is very consulate specific.

I don't know if the DS-2001 is also country specific, in Canada DCFers take those documents with them to the interview. I mean basically the DS-2001 is just indicating that you have all your ducks in a row and are ready to interview?

Absolutely your Husbands job relocation is important for 'reestablishing' domicile.

Yes, I was referring to the Montreal Consulate! I feel bad for all the Canadians having to go through so much hassle with them. From what I've read on these forums, it seems that the general opinion of the Sydney Consulate is that they are very easygoing and friendly. I've also read that they don't necessarily even look at all the documents brought in too closely. Most of the reviews that I've read though aren't for DCF, they're for people who had filed in the US for their fiancées, so I'm not sure how that might differ.

I will definitely be including evidence of my husband's upcoming job relocation as part of reestablishing domicile.

I just received an email response from the Sydney Consulate regarding my question if I have enough proof for them, but their response wasn't particularly helpful:

Thank you for your inquiry.

Having a current U.S. bank account could be used as evidence of U.S. domicile, however, on the day of interview, the consular officer reserves the right to request additional documents if required. Please refer to our attachment.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General, Sydney

(MR)

Hmm. The attachment is no different from what is already on the Consulate's website.

Domicile_Info_Only.doc

[trailmix 77]

That's a direct quote from the Adjudicator's field manual.

Basically what they are saying is if you aren't there temporarily (think 2 month holiday) then you need to prove that you are moving back and they give you those items that might prove that.

If you look at it from the I-864 point of view which is after all why you have to prove this, they want to be able to be confident that the U.S. petitioner is moving back to the U.S. so that they can then go after that person if the immigrant becomes a public charge - so just prove to them that you have ties and that you are moving and you should be good.

Don't know if you have seen this thread yet, but it might help:

http://www.visajourney.com/forums/index.php?showtopic=164618

Edited December 4, 2009 by trailmix

[kaffy 2]

I am planning to have the following prepared for my husband's interview:

-My current California drivers license (renewed earlier this year) - has my US mailing address on it (Mom's house)

-Current CA voter registration

-Current US bank account (kept open ever since I moved abroad)

-Proof of filing US taxes while abroad

Will this be enough for the Sydney office? (It seems this amount of info would just be laughed out of some places)

Yes, we did DCF back in 2007 and we prepared all those documents plus my husband's grad school acceptance letter and we 'passed' the domicile test without any problems

Sydney is REALLY easy, trust me

[amylp 0]

I am planning to have the following prepared for my husband's interview:

-My current California drivers license (renewed earlier this year) - has my US mailing address on it (Mom's house)

-Current CA voter registration

-Current US bank account (kept open ever since I moved abroad)

-Proof of filing US taxes while abroad

Will this be enough for the Sydney office? (It seems this amount of info would just be laughed out of some places)

Yes, we did DCF back in 2007 and we prepared all those documents plus my husband's grad school acceptance letter and we 'passed' the domicile test without any problems

Sydney is REALLY easy, trust me

Thanks for the bit of reassurance, Kaffy!

Were there even any questions about domicile during the interview?

[kaffy 2]

Do you mean during the first interview when you go to submit your I-130?

No I don't think so.. here's the original DCF thread that has my reviews and progress

http://www.visajourney.com/forums/index.ph...ralia&st=30

The process is in 2 stages. Firstly you file the I-130 and G-325 forms in person. They'll take that info and run the Adam Walsh background check for the petitioner.. once that comes back all clear the Consulate will send you an email saying your I-130 has been approved and you (the beneficiary) is now clear for the second stage - which is the immigrant visa application. That's when you get everything for Packet 3 together - police checks, I-864, medical exam, etc. Send everything back to them, they will review the documents and once that is complete they will email Packet 4 which is the interview notification.

[amylp 0]

Do you mean during the first interview when you go to submit your I-130?

No I don't think so.. here's the original DCF thread that has my reviews and progress

http://www.visajourney.com/forums/index.ph...ralia&st=30

The process is in 2 stages. Firstly you file the I-130 and G-325 forms in person. They'll take that info and run the Adam Walsh background check for the petitioner.. once that comes back all clear the Consulate will send you an email saying your I-130 has been approved and you (the beneficiary) is now clear for the second stage - which is the immigrant visa application. That's when you get everything for Packet 3 together - police checks, I-864, medical exam, etc. Send everything back to them, they will review the documents and once that is complete they will email Packet 4 which is the interview notification.

I meant to ask if there were questions asked during the final interview in Sydney with the immigrant visa applicant?

I haven't even submitted my I-130 yet (in Melbourne they only seem to schedule them once a month, so it's not 'til the 17th of this month), but I want to have everything ready to send off right away once the I-130 comes back approved so there is minimal waiting time.

Since the medical exam info is listed on the Consulate website, my husband went ahead and had the exam on Monday in Melbourne (if anyone in Victoria is reading this, there's only about 2 day wait to schedule an appointment. Expect madness in the place though - it's crazy busy).

He also had his fingerprints taken yesterday at our local police station and sent in the form for the National Police Check through the Australian Federal Police (http://afp.gov.au/business/national_police_checks). I'm wondering now if we should have just done the state one for Victoria, or if it matters? The AFP website states the following:

"The Australian Federal Police (AFP) provides National Police Checks for:

* residents of the Australian Capital Territory (ACT), Jervis Bay Territory and other external Commonwealth territories

* people seeking employment with the Commonwealth Government

* people requiring a check under Commonwealth legislation, eg Australian Securities and Investments Commission, Immigration purposes

* overseas employment

* adoption, including overseas adoption, and

* visa applications. "

If the AFP one is fine, it seems like a quicker option for people to do because we were able to do it in the small town we live in with no wait. It doesn't seem to matter which police station the prints were done in as they suggested going to a neighbouring town for the non-ink prints.

Do you think there is anything wrong with completing this stuff beforehand?

[amylp 0]

One more question that I just thought of - I know that as the USC I'll need to bring in my birth certificate for the I-130 filing. Do I need to provide an additional copy for my husband's interview, or would it just be his required at that point? I'm hoping I don't need another one (or that they perhaps hand it back over on the I-130 appointment day if it is required again) so I don't have to hassle my mom to arrange for another one for me!

Kaffy - Thanks for answering my questions. The thread you linked to was really helpful. I notice that you're in Seattle - my husband and I are moving to the Pacific Northwest as well, but we'll be in Portland, Oregon.

[kaffy 2]

Actually I live in Portland/Vancouver area now We were up in Seattle for the first year and moved down here after my husband finished school. Where in Portland are you moving to?

1. The actual/second interview with the visa applicant did not have any questions about domicile. After you submit your packet 3 documents (which will include domicile evidence) and you receive your Packet 4 interview notification they also send you a checklist on any additional info you may need to bring. If they deem that you haven't submitted enough evidence of domicile when you mailed in Packet 3 they may ask you to bring additional evidence along in your interview and question you about it then.. but I like I said above I submitted the same documents as you and I wasn't questioned.

No I dont think there's anything wrong with completing stuff beforehand.. I would have done so too but my process moved very quickly that I barely had time to stop and take a deep breath Has your husband applied for his Irish police certificate yet? The applicant will need to obtain police certificates for any places they have lived for 12 months or longer since turning 16

Re: birth certificate. My husband doesn't even know where his is! So at the I-130 he just used his passport as proof of US citizenship and the consulate didn't have a problem with that. I was not required to produce it again at my (second) interview ... and I couldnt have anyway because he flew back a couple days prior already

[amylp 0]

I'm looking to move to the inner SE area of Portland (Buckman/Hawthorne/Belmont). I've only been to Portland a few times to visit (I'm from CA originally), but I think it's such a great city. I'm really excited to move to an area where there's stuff going on as we've been out in rural Victoria for nearly two years now (country life just isn't for me!). How do you find living in the Portland/Vancouver area? I know it rains up there quite a bit, but after living in Dublin, I think I can handle it! At least there's a proper summer in Portland - summer was a complete washout when I lived in Dublin.

It's good to know that Sydney is on the ball and processes everything very quickly. My husband and I are really hoping to have a visa in hand by the end of February. The project my husband is working on is due to end then and we have flights to return to Dublin at that point. If need be we can extend the dates a bit though, but I'm crossing my fingers that it won't be necessary. By the time we receive the go ahead for Packet 3, we should have everything already prepared to send out express mail that day!

Yes, my husband sent off his request for an Irish police certificate earlier this week via express post. He included an envelope to have them return it to his family's house in Dublin so we should be able to pick it up over the holidays while we're there. Do the police certificates from other countries need to be based on fingerprints as well, or is that just for the Australian one? I didn't see anything about it requiring prints on the Irish police website - the request is just sent as a letter to them (and it's free!).

[kaffy 2]

I like it here We live and work over on Vancouver side but spend a lot of our weekends over in Portland.. it's the best of both worlds really - no state income tax in WA and no sales tax in OR

I'm impressed by how organized you are and I'm sure your husband will have his visa by the end of Feb (the Consulate is quite organized)

I was required to get an o/s police certificate from Japan as I had worked there for a few years and was required to go down to the Japanese Consulate in Brisbane to be fingerprinted. Did you contact the Irish Embassy/Consulate there to see what their protocol was?

[meauxna 15]

Actually I live in Portland/Vancouver area now

I'm looking to move to the inner SE area of Portland (Buckman/Hawthorne/Belmont).

ha! Clearly DCFers are a smart bunch if we're all winding up in Portland (ish). I know at least one more of us here too.

Welcome to the neighborhood; drop me an email if you need any local resources.

m

[amylp 0]

I haven't contacted the Irish Embassy here, but fingerprints aren't mentioned on the US Dept of State website here: http://travel.state.gov/visa/frvi/reciproc...ocity_3587.html.