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Petitioner outside the U.S.

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Hello everyone,

I am writing as the petitioner for my husband's CR1 visa. When I filed the petition, we were living in another country outside the U.S. Will this affect his visa process and future interview since I am still outside the U.S.?

Currently, this was the last notice we received from the NVC:

The National Visa Center has received all documentation necessary to complete pre-processing
of your case. As soon as an interview date has been scheduled, the applicant, petitioner
and attorney (if applicable) will be notified.

Also, when I have read on the Immigrant Visa website (Dept. of State), it appears rather vague.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

*Domicile: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the U.S. before the visa can be issued. This generally means that the sponsor must be living in the U.S. In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas.

Does this mean to say that I need to go home and be physically present in the U.S.? When I filed the I-864 Affidavit of Support, I attached my tax returns that showed my residence/domicile in the U.S., even though my income was earned outside the U.S. Do I need to go home or can I stay with my husband?

Thank you for your help and advice.

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Filed: Lift. Cond. (apr) Country: China
Timeline

~~Duplicate thread removed~~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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