beneficiary goes to the US before the petitioner?

[jobaba 1]

I am American and my wife is British. We filed DCF at the London office. However, she has a job offer in the US already and I have to stay in the UK to finish off some things, like selling the house. Is it possible or I have to go with her when she enters the US with the immigration visa?

[Ryan H 3,834]

Post edited to remove incorrect information. OP, disregard what I wrote previously and carefully read aaron2020's posts.

Edited April 16, 2012 by Ryan H

[Penguin_ie 5,997]

The petitioner (you) is supposed to go at the same time or before the beneficiary. If you are not going together, I would suggest she carry some strong evidence that you will follow soon.

[aaron2020 11,651]

She can go as soon as she has the visa, there is no requirement that you accompany her. You can remain in the UK and take care of business and she can go to the States.

I disagree with this.

The I-864 requires the petitioner to be domiciled in the US or enter the US with the beneficiary to establish a US domicile.

The US citizen must have a US domicile when the wife immigrates to the US.

Since the petitioner is doing a DFC and based on his situation, he probably has not established a US domicile. He needs to do this before his wife can immigrate to the US, or he needs to enter the US with her.

http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States
  

.

FAQs: Domicile

• Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?
  
• If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
  
• What kinds of employment abroad can be counted as U.S. domicile?
  
• How can a petitioner establish a domicile?
  

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment temporarily stationed abroad with the U.S. government
  
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
  
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
  
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
  
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
  
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
  
• Secure a residence in the United States
  
• Register children in U.S. schools
  
• Relinquish residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

Edited April 15, 2012 by aaron2020

[aaron2020 11,651]

I disagree with this.

The I-864 requires the petitioner to be domiciled in the US or enter the US with the beneficiary to establish a US domicile.

The US citizen petitioner must have a US domicile when the wife immigrates to the US, or he must enter with her. She cannot immigrate first, then have him come later to establish a domicile.

To establish a domicile, a person has to be physically present there. No, US domicile until he sets foot in the US. See this common definition of a domicile here; https://revenue-pa.custhelp.com/app/answers/detail/a_id/908/~/establishing-a-new-domicile

To establish a new domicile, you must satisfy these three requirements:

1. There must be evidence of a firm and definite present intention to discontinue making the former domicile your primary base of operations;

2. There must be evidence of a firm and definite present intention to make the new domicile your primary base of operations; and

[3. There must be evidence of actual physical presence and actual abode (transient, temporary or permanent) in the new location.

If a person left their domicile to seek new employment intending to remain in the other location only if they find employment, there is no change in domicile.

Since the petitioner is doing a DFC and based on his situation, he probably has not established a US domicile. He needs to do this before his wife can immigrate to the US, or he needs to enter the US with her.

http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States
  

.

FAQs: Domicile

• Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?
  
• If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
  
• What kinds of employment abroad can be counted as U.S. domicile?
  
• How can a petitioner establish a domicile?
  

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment temporarily stationed abroad with the U.S. government
  
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
  
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
  
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
  
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
  
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
  
• Secure a residence in the United States
  
• Register children in U.S. schools
  
• Relinquish residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

[aaron2020 11,651]

The petitioner (you) is supposed to go at the same time or before the beneficiary. If you are not going together, I would suggest she carry some strong evidence that you will follow soon.

Agree on the first sentence. Disagree on the second sentence in red as the US citizen must "go at the same time or before the beneficiary."; see my post above. The US citizen following after no matter how shortly does not meet the requirement that allows the beneficiary to enter the US.

[Penguin_ie 5,997]

I believe Aaron is correct.

[JoannaV 174]

You could both move to the US but then one of you return temporarily to the UK to tidy up any loose ends.

[Penguin_ie 5,997]

You could both move to the US but then one of you return temporarily to the UK to tidy up any loose ends.

Yes, this, Travel over together, rent a home or move into one you own, then you travel back after a week or two.

[jobaba 1]

Thanks everybody. A related question, can my wife go to the US just for a short visit for job interview (not using the visa even though she has it)? cuz if she goes with the visa she would have to wait roughly a month for the green card before she can leave again if I understand it correctly. Reason is that she wants to get a firm offer before she quits her job in the UK.

Yes, this, Travel over together, rent a home or move into one you own, then you travel back after a week or two.

[ljandjl 1]

I'm with Aaron & Penguin on this one.....even though each country does vary slightly, the consulate in Germany made it abundantly clear that either we go together, or the USC goes first....

[Penguin_ie 5,997]

She will need to activate the visa if it is in her passport, but you are wrong about her needing to wait, as she is on a CR-1 visa she will get a stamp on the visa page in her passport when she goes through immigration, and this stamp will act as a temporary grencard for a year, so she can travel on that. She will need a US address with someone trustworthy checking the mail for when the physical greencard arrives (can take 2 weeks - 3 months).

[jobaba 1]

that's good to know, thanks! It may not look good at the immigration if she's on the CR-1 visa and she goes in and out of the US often - but it's good to know that she can travel on that right away. A US address wouldn't be a problem since we can use my parents'.

She will need to activate the visa if it is in her passport, but you are wrong about her needing to wait, as she is on a CR-1 visa she will get a stamp on the visa page in her passport when she goes through immigration, and this stamp will act as a temporary grencard for a year, so she can travel on that. She will need a US address with someone trustworthy checking the mail for when the physical greencard arrives (can take 2 weeks - 3 months).

[Ryan H 3,834]

and this stamp will act as a temporary grencard for a year,

The stamp that CBP gives out now is the standard admission stamp and they will write in some information in the fields. The stamp will be placed it on the page next to where the visa is affixed. The stamp in of itself means nothing, it is the placement of the stamp next to the visa that allows the visa with the stamp that allows the visa to act as a temporary green card. The stamp is the "endorsement" that the sentence at the bottom of the visa refers to.