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neocarbunkle

I'm lost about domicile

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First of all thank you everyone, I have learned a lot from this forum so far.

My situation is, my wife is Japanese and I met her while I was teaching English in Japan. Last year I signed a one year contract to teach in China and that is where we both are now. I have submitted the I-130 and paid the AOS fee (although the IV fee still isn't available to pay...) and now I am not sure what to do next.

My father has agreed to be my joint sponsor (although he is a world famous procrastinator when it comes to stuff like this, so that is a different issue all together), but I am going to have to prove domicile some how, correct? I have been living abroad for 5 years now, and while I have an active US bank account which I have been using this entire time, I do not have a job or an apartment lined up.

From what I have gathered from reading this forum, just having my father write a letter like "he and his wife will live here when they arrive" , probably isn't going to be enough. Is there a way (I am getting the feeling that there isn't) for me to get the rest of this visa application taken care of so both me and my wife can move to the USA once my contract in China expires in July?

Bonus question, can my wife come on a 90 day tourist visa with me back to America, go back to Japan, take the interview there, and then come back to America on a green card?

Thanks everyone.

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

Bonus question, can my wife come on a 90 day tourist visa with me back to America, go back to Japan, take the interview there, and then come back to America on a green card?

I'll let others who are more familiar with the domicle issue speak to it.

As for the part of your post quoted above, here are the answers:

  • She can visit on a tourist visa if she is granted one. If she is a citizen of Japan, then she can visit on the Visa Waiver Program. She would have to leave when her authorized stay expires.
  • She would need to interview in Japan if the process is not complete by the time your contract in China expires. Her status in China is contingent on yours.
  • She would not return to the US on a Green Card after interviewing in Japan, she would return as a spouse visa holder. She would receive the Green Card after entering the US on a spousal visa and the card production fee paid.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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