Outside of USA for 18mos

[sephiroh 0]

Hello guys, my friend is LPR and he's oustside of USA for 18mos with his re entry docs, his wife's interview is next month. They were both living here in Phils. Would there be any problem for the issuance of visa for his wife since the petitioner (husband) is with her for 18mos.

[private_rye 1]

Hello guys, my friend is LPR and he's oustside of USA for 18mos with his re entry docs, his wife's interview is next month. They were both living here in Phils. Would there be any problem for the issuance of visa for his wife since the petitioner (husband) is with her for 18mos.

it wont be a problem as long as the petitioner can prove his domicile in the US and ofcourse if the documents are complete during the interview.

[Shiraj 2]

Hello guys, my friend is LPR and he's oustside of USA for 18mos with his re entry docs, his wife's interview is next month. They were both living here in Phils. Would there be any problem for the issuance of visa for his wife since the petitioner (husband) is with her for 18mos.

I was in a similar situation, my spouse is a LPR and she has been living with me for past 2+ years in India after our marriage. She has been maintaining her status while she was living with me. I had my interview in Feb 2014 and we showed our intent to re-establish domicile and provided a lot of documentation like her valid DL, State ID, Active bank account (But did not maintain much funds), Permanent mailing address (previous or recent letters sent to this address as proof), etc along with the steps we have taken to move back to US (e.g. accommodation arrangement, job offers/applications, etc) once my visa was approved. Previous and recent US TAX FILING is very important to show ties but my spouse was not earning much so explained why she did not file and referenced to IRS guides to show she is exempted from filing if her income was below a certain slab. The CO asked where my spouse was living and I was honest in all my answers and told her she was living with me in India after our marriage and will move to US once I have my visa approved. I told the CO she was still maintaining her status though living with me. My spouse had written a Domicile letter stating why she was living outside along with the above proofs to show that she is still maintaining ties with US and wants to re-establish domicile once my visa is approved. The CO said I should thank my spouse for writing that letter, so it really helped. Every case is different so make sure to have your friend reason all that he can to explain his situation. You or your friend can read my Interview review post for more details.

Also I read some where on VJ that some Consulates are more strict with Domicile requirement so make sure to research on the specific consulate where your friend's spouse will be interviewed.

Edited April 4, 2014 by Shiraj