Petitioner not living in the US for a Year. Will it be a problem ??

[DeathRaaki 3]

Hi Everyone,

I am at I-864 stage and according to the NVC Wiki if the petitioner is living abroad then a proof of US domicile is required.

Question: If I don't acknowledge that I am living abroad will it be a problem for my Husband's application process ?

Keeping in mind that I have active bank accounts, credit cards and Bills at my Home address in the US as we intend to move back as soon as my husbands visa is approved.

Thank you.

[Aahil 90]

same here. me and my wife living abroad .waiting for interview date.

[DeathRaaki 3]

same here. me and my wife living abroad .waiting for interview date.

In your I-864 did you mention that your wife is living with you or not ?

Can you tell me how to go about this ?

[Ryan E 10]

Search the forum for Domicile and you'll get a lot of experienced. My wife just got her visa and I've been living abroad for 8 years. I submitted everything with my foreign address. I declared US domicile on the I-864 and argued that my original departure was temporary (2 years, Peace Corps volunteer) but then became longer. I included evidence of all my ties to the US and it worked. I think it really depends on the consulate though. I'm somewhat known to the consulate here so that may have helped with some goodwill. I've heard the worst is the Canadian consulates where they are very strict about domicile.

Edited February 3, 2015 by Ryan E

[DeathRaaki 3]

Search the forum for Domicile and you'll get a lot of experienced. My wife just got her visa and I've been living abroad for 8 years. I submitted everything with my foreign address. I declared US domicile on the I-864 and argued that my original departure was temporary (2 years, Peace Corps volunteer) but then became longer. I included evidence of all my ties to the US and it worked. I think it really depends on the consulate though. I'm somewhat known to the consulate here so that may have helped with some goodwill. I've heard the worst is the Canadian consulates where they are very strict about domicile.

Search the forum for Domicile and you'll get a lot of experienced. My wife just got her visa and I've been living abroad for 8 years. I submitted everything with my foreign address. I declared US domicile on the I-864 and argued that my original departure was temporary (2 years, Peace Corps volunteer) but then became longer. I included evidence of all my ties to the US and it worked. I think it really depends on the consulate though. I'm somewhat known to the consulate here so that may have helped with some goodwill. I've heard the worst is the Canadian consulates where they are very strict about domicile.

What if I don't even mention that I am living out of US for now ?

[Ryan E 10]

What if I don't even mention that I am living out of US for now ?

That might be bordering on fraud. I'm not qualified to make that determination though. In my case it was very much clear I was living abroad an trying to skip over that detail would have been impossible.

Also keep in mind the income requirement. If you do not have US income you'll need to use assets or a joint sponsor to qualify.

[DeathRaaki 3]

That might be bordering on fraud. I'm not qualified to make that determination though. In my case it was very much clear I was living abroad an trying to skip over that detail would have been impossible.

Also keep in mind the income requirement. If you do not have US income you'll need to use assets or a joint sponsor to qualify.

I have Bank accounts and my US ongoing bills to prove that I intend to Move back with my husband.

For sponsors I intend to use joint sponsors.

[Ryan E 10]

I have Bank accounts and my US ongoing bills to prove that I intend to Move back with my husband.

For sponsors I intend to use joint sponsors.

In that case you should focus on documenting how your absence from the US is temporary (which it is.) There is also the possibility of demonstrating intent to re-establish domicile via job offer, housing etc.

Search for more info about the consulate you'll be going through. That seems to be the biggest variable in acceptance of domicile. I was also quite worried about this and did a lot of reading. Ended up being a non-issue -- perhaps, because I did a fairly good job of documenting the "temporariness" of my being abroad or perhaps because the consulate officer was willing to not make it an issue.

[Dod 0]

What about travelling back to US before the interview, in addition to the bank account and rental etc.. This should do.. I am on the same boat..l also leaving in UAE. Waiting for the interview.

[DeathRaaki 3]

What about travelling back to US before the interview, in addition to the bank account and rental etc.. This should do.. I am on the same boat..l also leaving in UAE. Waiting for the interview.

Yeah Travelling back to the US will not be a problem I can do that. Do they also call the petitioner for an interview ? I thought they only call the beneficiary...

[Dod 0]

Yes only the Beneficiary

[Ryan E 10]

Here is the letter I included in the I-864 package. I went to the embassy with my spouse incase there were questions about the sponsorship package, but was not asked to the interview. Consulate officer told my spouse he had looked at my package and it appeared good, but if there were any questions he would call/e-mail. If not, then the passport would be ready to pick up in a week. It was ready in 3 days.

I, [my name], am residing in [country] with my spouse, [spouse's name]. I temporarily left the US in [date] to serve in [country] as a US Peace Corps volunteer. I intended to return following my two year service, but delayed my return because I found an interesting job and eventually married.

I intended to maintain my domicile in the US and rented out my house at [Address] expecting I would return to it upon my return. I began using my parents’ address at [Address] as my mailing address to facilitate communication.

I have maintained continued ties to the US through the following:

• Maintained my [state] driver’s license as evidence by the attached copy of valid license.

• Maintained my voter’s registration in [state] and voted in the 2014 primaries. Evidence of my voter registration is attached.

• Continued using US based financial services such as bank accounts, credit cards, and mortgage as evidenced by the bank statements used as evidence of assets

• Used my US bank accounts to receive payment from my employers and store my income as evidenced by the attached bank statements.

• Submitted Federal and State tax returns as evidenced by the attached tax returns.

I anticipate moving back to [state] in [date] and have begun to:

• Seek employment in the US

• Make arrangements for a place to live – either moving back into my house or renting another place and keeping [address] as a rental.

I declare that I intended in good faith to maintain my domicile in the United States.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Edited February 3, 2015 by Ryan E

[DeathRaaki 3]

Here is the letter I included in the I-864 package. I went to the embassy with my spouse incase there were questions about the sponsorship package, but was asked to the interview. Consulate officer told my spouse he had looked at my package and it appeared good, but if there were any questions he would call/e-mail. If not, then the passport would be ready to pick up in a week. It was ready in 3 days.

Thanks Ryan. Much appreciated.

[Greg_Dubai 15]

Yeah Travelling back to the US will not be a problem I can do that. Do they also call the petitioner for an interview ? I thought they only call the beneficiary...

I was at the Abu Dhabi embassy today for a K-1 interview and they do not let the petitioner in for K-1 or CR-1 unless they have been notified prior to the interview that they are required. There were several of us sitting outside waiting a mix of K-1 and CR-1 all denied access at the check-in window.

[DeathRaaki 3]

I was at the Abu Dhabi embassy today for a K-1 interview and they do not let the petitioner in for K-1 or CR-1 unless they have been notified prior to the interview that they are required. There were several of us sitting outside waiting a mix of K-1 and CR-1 all denied access at the check-in window.

Hi Greg,

What I am confused about is that I live in Abudhabi with my Husband.

I am the petitioner and he is the beneficiary.

What I want to know is that during the NVC stage should I tell NVC that I am not in the US or should I mention that I am still in the US to avoid any unnecessary questions ?