Changing Visa Types

[austex 42]

Hi Visa Journey Friends,

I have a question....

We have put in a CR-1 visa all has been approved and we have submitted our Affidavit of Support and the DS 230. Now we have received a RFE for my husband not living in the USA. We do not know what to do because we live in Australia and he wants to move back to the States. My husband doesn't want to leave without our daughter or myself and go back to the USA for how everlong until this is approved. We have property here in Australia, cars and bank accounts. So it is not as easier said than done because we need his wage to pay for the mortage and if he leaves and goes back to the States to show domicile there is no way we could pay the mortage until the house is sold, which we will put on the market to sell it.

Is there anyway we could change to a K3 - K4 visa now once we have gone as far as we have with the CR-1? Please help us with ideas of what we can do.

Thanks so much.

[Darnell 8,478]

why not show proof of re-establishing domicile, since he can't show proof of domicile?

[Penguin_ie 5,993]

No you can't change to K3.

But the RFE is strange- what exactly does it say? If the issue is that he does not have domicile in the USA, he needs to show his "intent to re-establish domicile" before or at the same time as you. Ie, that he is serious about moving back to the USA with his family.

Some suggestions:

- get him registered with recruiters in his field

- contact realtors about starting the search for a home for you. If you can sign a lease or buy a property, even better.

- Have him make a short trip back to renew his drivers license, maybe get a cell phone (with USA address on the bill), look around for homes/ jobs and have evidence of same.

- enroll your daughter in a US school.

[austex 42]

No you can't change to K3.

But the RFE is strange- what exactly does it say? If the issue is that he does not have domicile in the USA, he needs to show his "intent to re-establish domicile" before or at the same time as you. Ie, that he is serious about moving back to the USA with his family.

Some suggestions:

- get him registered with recruiters in his field

- contact realtors about starting the search for a home for you. If you can sign a lease or buy a property, even better.

- Have him make a short trip back to renew his drivers license, maybe get a cell phone (with USA address on the bill), look around for homes/ jobs and have evidence of same.

- enroll your daughter in a US school.

OK the RFE states The (sponsor) has not provided proof of U>S> Domicile.

We have a bank account in the USA

We have just come back from there and we did go to a real estate agent and she was showing us houses

We do have an address we will be moving to when we get there

My husband has his social security information with the US address that we will be staying

Now we did add two of those things in the Affidavit of Support so I don't actually understand

And YES we are serious about moving back, we would not be going through all this if we were not serious. My in-laws are going to move back with us also, but are waiting until I get the approval.

Maxine

[Darnell 8,478]

Usually, the sponser is the petitioner.

So, if this human shows proof of re-establishing domicile, the IV unit will be cool,

well, also must show proof of current annual income,

and future income since this human lives in Oz.