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Filed: Other Country: Germany
Timeline
Posted

Hi there,

Are there any US citizens out there who were living out of the US when they applied for their spouse to come to the US (not military, as they are still considered to be on US soil, but actually residing in another country)? If so, how does that work?

I am currently living with my wife in Germany (been here 1 1/2 years) and I am going to apply for a spouse visa for her. I have read on the US Immigration website that I must maintain my principal residence in the US although it also says "In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas."

I currently have residency in Germany, which will be renewed for another year next month. I own a home in California, where my driver's license is still active, and I am still considered a resident of California (California is one of those states that considers you a resident, so you have to pay state tax, even if you live overseas).

I am wondering how I would go about establishing residency back in the US, without having to move back there, without my spouse? I would like to complete the entire visa process here, with my wife, without having to move back to the US for awhile, therefore separating us. I already have a joint sponsor lined up, who is in the US.

Is it even possible to file/complete the visa process while living abroad or would I need to go back to the US in order to begin the process? I think I will need to go back shortly before my wife comes, so that I can get a job/settled there, but I don't want to be separated for the entire 9 month/1 year process.

Has anyone gone through a similar situation who might be able to shed some light on the subject for me?

Thanks!

Filed: K-1 Visa Country: France
Timeline
Posted (edited)

Hi there,

Are there any US citizens out there who were living out of the US when they applied for their spouse to come to the US (not military, as they are still considered to be on US soil, but actually residing in another country)? If so, how does that work?

I am currently living with my wife in Germany (been here 1 1/2 years) and I am going to apply for a spouse visa for her. I have read on the US Immigration website that I must maintain my principal residence in the US although it also says "In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas."

I currently have residency in Germany, which will be renewed for another year next month. I own a home in California, where my driver's license is still active, and I am still considered a resident of California (California is one of those states that considers you a resident, so you have to pay state tax, even if you live overseas).

I am wondering how I would go about establishing residency back in the US, without having to move back there, without my spouse? I would like to complete the entire visa process here, with my wife, without having to move back to the US for awhile, therefore separating us. I already have a joint sponsor lined up, who is in the US.

Is it even possible to file/complete the visa process while living abroad or would I need to go back to the US in order to begin the process? I think I will need to go back shortly before my wife comes, so that I can get a job/settled there, but I don't want to be separated for the entire 9 month/1 year process.

Has anyone gone through a similar situation who might be able to shed some light on the subject for me?

Thanks!

You probably need to ask this in the DCF section:

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

Edited by EasternDE

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from Europe regional forum to DCF forum for better answers ****

We did this, though in Ireland. The visa you get in the end is the same as if you'd apply via the US lockbox.

You can either show you never abandoned US domicile (still havce furniture in storage, have a US cell phone, kept lease on a home, have valid drivers license etc), or that you intend to re-establish domicile in the USA at the same time or before your spouse comes over (boy a house or at least have contact with realtor about renting/ buying, get registered with job agencies, enroll kids in school, etc)(

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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