Proving Domicile - USC Living Abroad

[RMART 2]

Hello,

I am a USC living abroad with my husband in Pakistan for a little more than a year. I filed the CR-1 in July 2012 and my husband has now been scheduled for an interview at the end of April. My concern is the issue of domicile because I have been out of the US since Dec 2011. I currently have a valid driver's license, visited US in nov 2012 and voted while there, current bank statements, current cell phone bill under my name (it was a family plan so parents still using it), credit card under my name, and a notarized letter from my parents stating we will stay with them. Is all this sufficient to prove my domicile? I asked on the south asian forum and was told that a job letter and a lease is sufficient. Unfortunately, I plan on going back to school to do my masters so all I have are confirmations of application submissions....no acceptance letters. Oh and I have tax docs till 2011 and my parents are co sponsors so i have all their info as well.

My dad asked a lawyer friend of his and he recommended I come back to the US while my husband has the interview. However, I think that might make matters worse as I have filed with my address abroad and leaving a week or 2 before the interview may cause suspicion on our relationship. Any insight/suggestions as to how I should proceed would be greatly appreciated. Thanks.

[oohpartiv 484]

Even if you don't have a job contract, I would include any emails or correspondance you've had with admissions. Besides that, you sound pretty prepared. I can't vouch for Pakistan - I know the immigration officers there are pretty thorough - but if you take all the information you've listed, I can't see how they could try to prove otherwise. I wouldn't worry.

[RMART 2]

Thank you ...i thought the same. Now if i do go back to the US for some time, will it have negative impact like i think?

Also a question completely off topic: Im living abroad and not working (since Dec 2011 as I mentioned), did I need to file 2012 taxes?

[Ali1 0]

I am under very similar situation. I have heard that if the US Citizen is in US it quickens the process, hence am planning to send my family there.

After you submitted your DS230, how long did it take to get the interview letter? And how much notice do they give for the actual interview?

[RMART 2]

Ali it actually took less time when i showed that I was living with my husband in Pakistan. I submitted my I130 at the Chicago Lockbox (not ISL embassy) in last week of June or first week of july 2012. It was approved in about 4 weeks and they sent us the letter but we didn't receive anything in the mail so I called after waiting for 6 weeks. They told me they had mailed out a letter 3 weeks ago but knowing the condition of the Pakistani post, I changed my method of communication to email which has greatly expedited the process. The process has taken less than a year even with about 2-3 months of delay from us (bc of police certs and birth certs etc). And he's scheduled for an interview at the end of April so its been the contrary to what you have heard. I actually got a lot of help from this forum so you should search all prev posts by various ppl.

Just a side note though: We have been married only a year and I have been only out of the country for that long. I was working until 2011 so i have tax docs till then and my family is cosponsoring us financially. Additionally, my husband has already been to the US for his masters and has a SS# and drivers license...so he kind of had a prev record which i think also helped.

[RMART 2]

Sorry forgot to answer your question about interview letter:

We submitted the ds230 in the last week of dec 2012 but got an RFE within 3 weeks because they wanted more police certificates. It took us a month to gather them and sent them in the first week of Feb 2013 (TCS lost track of our envelope and took 10 days to deliver) and we got the interview letter first week of march.

So without all the RFEs and running around: the NVC has always emailed within 3 weeks of me submitting the documents so i'd about 21 days but the interview date is 6 weeks ahead.

Hope this helps.

[DartJ 0]

This article might help you with your domicile question:

http://www.usvisalawyers.co.uk/article19.htm

[The Mean Lady 604]

I am under very similar situation. I have heard that if the US Citizen is in US it quickens the process, hence am planning to send my family there.

After you submitted your DS230, how long did it take to get the interview letter? And how much notice do they give for the actual interview?

no! total opposite!

[RMART 2]

Thanks for the article DartJ.