Travel to USA after visa issued but not to move permanently

[uk2usa2010 2]

I'm hoping to recieve my visa in early June. However, it is then possible that I (the UKC) will want to travel to the US alone to interview for jobs or the whole family may wish to take a holiday in the US over the summer. We will want to do this before we make our permanent move. Is this possible, or will the first time I enter the US need to be with the whole family (inc the USC) and will we need to be making our permanent move at that time? The problem is that as the only income generator I do not wish to give notice on my UK job before securing a US job and most of the firms I am talking to would perfer me to have the visa in place before they invite me to interview.

[jhphi 0]

I've always read that the non-USC must enter the US at the same time or later than the USC spouse. My concern would be at the interview stage-- she must prove that she intends to reestablish domicile in the U.S. no later than the intending immigrant. If they're not convinced that she's preparing to return to the US, will they delay your visa and require that she first show she's taking steps to make the move?

You're not required to all move over for good immediately, but from many of the threads I've just read here, it seems that she must at least accompany you on your POE, if she doesn't arrive before. Since your interview is at the end of May, could you make your US family holiday your first trip over? Early summer holiday? It seems like that would solve the problem, as you could enter together, then have your family holiday, then you go on to your interviews, and they return to the UK. And then you could travel back and forth to the US, for any interviews, and make your permanent move once you've been offered a job. It's your intention to move as soon as you can find a position in the US and give proper notice, correct? There are rules to keeping the permanent resident card, and I think you maybe can't be out of the US for more than 6 months at a stretch. Do you anticipate that you'll be able to move back (permanently) to the US within 6 months of your first entry/exit?

There is some helpful info on the Proving Domicile threads started by Canada DCFers-- they have a much harder time with the domicile issue than those of us in the UK. Here's a c/p from one of Trailmix's posts:

"If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status.

In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant’s arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph."

[jhphi 0]

Hopefully one of the experts will jump in with some advice. I am wondering... since being physically present in the US is not an absolute requirement of being domiciled in the US, is it actually necessary for the OP's wife Sonja to accompany him on the POE? If she has maintained domicile in the US continuously, or can prove that she has re-established domicile before his move, must she physically be with him on the first trip?

[trailmix 77]

Actually jhphi it is an absolute requirement - it's that fine line between reestablishing domicile and being domiciled - you really are not domiciled unless you are physically there or your principal residence is there (think, have only been out of the U.S. for a few weeks, for instance)

I am not familiar with the OPs story, but unless his wife has only been out of the U.S. a very short time and has a principal residence there, then no, he can't, or rather shouldn't, enter the country without her.

OP: You (and you imply in your post their are children as well, this goes for them too if they are immigrants rather than derivative citizens) can't enter the country without the USC when you are using your visa for the first time. It's part of the contract signed (I-864) that the USC must "intend to reestablish domicile no later than the intending immigrant".

Now, one may think that the border person won't be aware of this, but one VJ member from Canada actually went to the border one day to use her visa and then return to Canada to pack up and sell their house or whatever.

The border guard that was processing her visa said np - however when he was almost finished the other border person came up and asked her where her Husband was, she replied that he was still in Canada. He then turned to the guard processing the application and told him - you are not supposed to be doing this. Reason as above.

He let it slide, since the paperwork was almost finished, made notes on her file about when they were really moving etc.

It's not worth the risk.

If you both go, the travelling back for a short period etc shouldn't be a problem - however, keep in mind, once you use that visa you are a PR of the U.S. and you should start thinking that way - ie: once you enter the country that is your 'permanent move' - now you may only stay for 3 months, for instance and maybe you aren't renting or buying a house - but consider yourself, at that point a resident of the U.S.

Edited April 16, 2010 by trailmix

[imani-amani 0]

i have the same problem and would welcome info about the domicile.my spouse is the USC and he has been working as a contractor for the military for 3 years in kuwait and has an APO mailing adress since he works at the base,but of course holds kuwait residence.Now,my first question is?how does he prove his domicile is in the U.S.?2.he has a good job which he intends,we were thinking more of going to the states and staying there for 3 months and coming back to kuwait....how would that work out????

[trailmix 77]

i have the same problem and would welcome info about the domicile.my spouse is the USC and he has been working as a contractor for the military for 3 years in kuwait and has an APO mailing adress since he works at the base,but of course holds kuwait residence.Now,my first question is?how does he prove his domicile is in the U.S.?2.he has a good job which he intends,we were thinking more of going to the states and staying there for 3 months and coming back to kuwait....how would that work out????

I answered in your other thread as his U.S. military work may count as domicile, but you need to find out.

Otherwise no, you can't be a PR of the U.S. and live out of the country for any length of time - without losing your PR status. Google: Maintaining U.S. permanent residency for info on that.

Edited April 16, 2010 by trailmix

[jhphi 0]

Actually jhphi it is an absolute requirement - it's that fine line between reestablishing domicile and being domiciled - you really are not domiciled unless you are physically there or your principal residence is there (think, have only been out of the U.S. for a few weeks, for instance)

. . .

Thanks trailmix for your helpful response-- I was hoping one of the experts would come weigh in for the OP! After I posted my first response, I got to thinking more about the whole domicile question, and I wasn't 100% certain if I had answered correctly, or if I had been too "strict." I was under the impression that you could be considered domiciled in the US without being physically present in the US (what I meant by saying it was not an "absolute requirement," which was a bad choice of words), but perhaps this is just for things like tax purposes, and not strong enough for immigration purposes? I read through lots of your threads (gosh, you all have it so tough in Canada with this domicile issue!), and domicile is such a tricky one-- thanks for sticking with all of us new VJ members and helping us learn about these issues!

[uk2usa2010 2]

Thanks for the feedback guys. This actually gives us a real logistical headache.

[Minya's wife 24]

I'm hoping to recieve my visa in early June. However, it is then possible that I (the UKC) will want to travel to the US alone to interview for jobs or the whole family may wish to take a holiday in the US over the summer. We will want to do this before we make our permanent move. Is this possible, or will the first time I enter the US need to be with the whole family (inc the USC) and will we need to be making our permanent move at that time? The problem is that as the only income generator I do not wish to give notice on my UK job before securing a US job and most of the firms I am talking to would perfer me to have the visa in place before they invite me to interview.

I am assuming that since your husband has no job, alternate means of financial sponsorship (joint-sponsor for the I-864) have been worked out? Or, I understand that self-sponsorship is allowed at some consulates, but I'm not sure how that works for immigrant visas. The only reason I ask is because the bolded portion of your OP stood out when I read your post. Ability to prove means of financial sponsorship by the USC (the filing of the I-854 for IR/CR and I-134 for K1 visas) is part of the process in order to be approved for the visa...so

[uk2usa2010 2]

Hi Minya's wife.

To clarify the position it is my wife (the USC) who does not have a job, and has no intention of getting one when we move to the US (she is a homemaker).

We are fortunate enough to have enough assets to meet the sponsorship requirements in our own right, even though the USC's income is zero (so we will not need co-sponsors etc).

The difficulty is that I (the UKC) am nervous of moving the family to the US without having secured employment as that means no health insurance. So I would prefer to try and get an employment offer before moving. However I am finding that most potential employers want me to have the visa in place AND come to the US to interview. As noted in this thread, that seems very difficult to do if my USC wife is still in the UK. To solve this, she could move over in advance of me entering the country, but again, we would have no health insurance.

[jhphi 0]

Steve,

Is it possible for your wife to just accompany you on your POE into the US, in order to fulfill this requirement? I've read here on VJ that it is not required that she (or you) STAY in the US continuously immediately after your first entrance (although after this entrance, you WILL be considered a permanent resident). You could both fly over for your POE and have a summer holiday in June/July, and then return to the UK, where you can continue to work for a couple of months while arranging for your US interview dates. You can fly back to the US alone for your interviews, and then move the family over for good once you have secured employment in the US and finished up your work in the UK. As long as you make the final move in a reasonable time frame, I don't see why you would have a problem. How long are you anticipating the job search will take?

Obviously, you should not look on this as a long term arrangement, as you must make sure you maintain your residency status, but I'm certain I've read on VJ before where someone did this same thing ("activated" the visa with spouse at POE, but then returned to the UK for a short period of months to wrap things up before making the ultimate final move.)

[uk2usa2010 2]

Thanks jhphi,

I was coming to that conclusion myself. I would hope the job search would only take a couple of months. But for this point we are keen to move as soon as possible!

Hope all is going well with your move and you don't have any similar headaches!