Petitioner Living Abroad w/Spouse - Advice Needed

[RMART 2]

Hello Everyone,

First off, I would like to thank the VJ community for providing detailed advice on the entire process. Though this is our first post, we have visited the forums quite often for help along the way but now we are at a point where we need advice specific to our case. The main concern we have is proving domicile.

I am the Petitioner and have been living with my husband in Pakistan for about a year now. I sent the I-130 with a Pakistani address from here which was approved. I took a trip to see my parents last month so I sent the AOS packet from there (since all my documents were there) and voted while I was there (it was a coincidence that I was there during that time).

The AOS packet contained

- My tax return for 3 yrs (2011 being the most recent)

- My mom's tax returns for 3 yrs since she is our joint sponsor.

- Copy of my valid driver's license

- My bank statement

- A letter stating that we would be living with my parents. I also wrote that I voted this year and included a copy of my passport page with POE stamp indicating that I came to the US.

Though I was sure that I had all the evidence to prove my domicile, I wanted to be 100% sure. So I asked my dad to speak to an immigration lawyer in the states. According to him, before I send in the IV application I should move back to the US then send it in. I should then find a job and gather all my pay stubs which my husband should take to the interview. If I continue to live in Pakistan and give all the evidence that I have described, the chances of my husband getting the visa are slim. I told him that I'm planning to do my MBA so I can give my admission letter (if that comes in time) to provide further proof but he said it wouldn't make much difference.

Now I know this sounds like many of the other cases, but this is where its a little different. My husband has studied in the US (thats how we met) so he has a valid SSN. He has also been cleared for a US visit visa twice, second one is still valid.

So here are my questions to you:

1. With my husband's background and the proof I have gathered, do I have sufficient proof for the domicile issue or do I have to do what the lawyer has said?

2. If I go back, the job I get will be a small time job since I plan to start school in Sept so will that cause a problem?

3. Btw, how do I get my voting records showing that I have been voting every year since i registered?

Sorry for the long post and any help is appreciated.

Edited December 6, 2012 by RMART

[canadian_wife 1,829]

1. It depends, I don't know how strict about domicile Pakistan is. If it was Montreal, then no - it wouldn't be sufficient as Montreal requires the USC to move back to the US, establish a home and employment before a visa will be issued. I am not sure about PK

2. If you decide to move back, get a job that fits your life, if it is a part time job then so be it, but I think the admissions letter is a good idea

3. I have no idea. Sorry, I can't vote in the US

good luck

[Douglas Custodio 7]

My wife and I were in Brazil the whole process. We did visit the US and sent the AOS and IV packets from there.

We had two RFEs to prove US Domicile. The last one was to be handed at the interview. We sent a new car title, bank statements, proof of insurance and proof of absentee voting (we had a copy of the form of the Absentee Affidavit).

At the interview they never asked about domicile and approved our visa right away.

Talk to your county clerk where you're registered to vote to get proof of voting, this will help to prove Domicile.

Good luck!

[N-o-l-a 7,168]

I'd go a little further and do a lease from your parents.

Also, I would look into finding some additional evidence - anything you can find. The admissions letter from the school is a great idea!

I don't know how old you are, but if you are taking up residence in your parents' house you can usually be added to their car insurance. That is what we are sending as I've haven't had my 'own' car insurance in about 4 years.

I don't see how people can be expected to move back and set up domicile in all cases in Canada. We couldn't afford the utilities on two places at once and my daughter would probably go a little off the wall if she were separated from my husband. Also, I'm a housewife and a homeschooler and going back would prove nothing more than what we already have going on.

[RMART 2]

1. It depends, I don't know how strict about domicile Pakistan is. If it was Montreal, then no - it wouldn't be sufficient as Montreal requires the USC to move back to the US, establish a home and employment before a visa will be issued. I am not sure about PK

2. If you decide to move back, get a job that fits your life, if it is a part time job then so be it, but I think the admissions letter is a good idea

3. I have no idea. Sorry, I can't vote in the US

good luck

My concern is that I may have to move somewhere else when starting school. If I go before my husband comes, then I'll be living with my parents but my school may be in a different state depending on where I get admission. So thats why I'm a little reluctant about going ahead and finding a job because I may end of up quitting it in within a few months anyways.

My wife and I were in Brazil the whole process. We did visit the US and sent the AOS and IV packets from there.

We had two RFEs to prove US Domicile. The last one was to be handed at the interview. We sent a new car title, bank statements, proof of insurance and proof of absentee voting (we had a copy of the form of the Absentee Affidavit).

At the interview they never asked about domicile and approved our visa right away.

Talk to your county clerk where you're registered to vote to get proof of voting, this will help to prove Domicile.

Good luck!

Ok, so that means its not necessary that we get rejected right away...we may just be asked for more evidence...

Btw, can my husband travel on his visit visa to the US while the CR-1 visa is in process? Because then he can go for his job interviews if needed...

I'd go a little further and do a lease from your parents.

Also, I would look into finding some additional evidence - anything you can find. The admissions letter from the school is a great idea!

I don't know how old you are, but if you are taking up residence in your parents' house you can usually be added to their car insurance. That is what we are sending as I've haven't had my 'own' car insurance in about 4 years.

I don't see how people can be expected to move back and set up domicile in all cases in Canada. We couldn't afford the utilities on two places at once and my daughter would probably go a little off the wall if she were separated from my husband. Also, I'm a housewife and a homeschooler and going back would prove nothing more than what we already have going on.

Already working on a lease with the parents and the car insurance is a good idea. I'm 28 and I was on their insurance before I got married anyways, so I don't think that will be a problem. Thanks!

[ktb 15]

This raises an interesting question. I agree with Nola about being expected to move back and establish domicile. It's not always possible. I thought that was the whole reason behind having a joint sponsor because then they are responsible for the beneficiary financially.

I am also living abroad with my husband (I am the USC) and we have already sent our AOS package in. We received a checklist for some minor mistakes in the paperwork but it said nothing about domicile. I provided bank statements and 401K statements showing my mother's address in the states which we are using as our permanent US address in all of our paperwork. I also included some quotes from moving companies regarding getting our belongings to the states once we are ready to go. oh and a copy of my current US driving license as well.

@RMART - Did you include anything in your original AOS package about domicile. If so, why didn't they consider it enough??

If anyone else has been through this please share your experience!!

[gamm3 13]

I cannot say for sure because I am still waiting for my NOA 2, however I am a US citizen residing abroad and I don´t plan on moving back to the US until my husband has his VISA and we go together. I have been living in Colombia for four years, but I have US bank accounts, credit cards, pension accounts, receive mail at my parents address, and valid drivers license. I have also voted in 2008 and 2012 major elections. We plan on moving in order for me to get a job teaching for the next school year and my husband to start grad school. We of course don´t have that information yet, but hopefully closer to the interview, we will have more specific information. From what I have read here, I don´t expect to have any problems proving domicile, but I guess you never know!

[RMART 2]

@ktb - I did include everything in the original AOS packet and they haven't sent any RFEs or anything. But I have read on the forums that some people had absolutely no problem until the interview and they were either given RFEs or rejected on the basis of domicile.