Proof of domicile

[Daniyal 0]

Got Green card February 2014 -
Married on 4th of July 2014 (outside US) -
Case applied for wife - PD 25th August 2014.
I have been to USA thrice altogether .. during the last 18 months.

Reason for stay - Marriage, Job and waiting for Spouse visa.

However I have the following documents as proof of domicile

1. Email correspondence of Jobs applied in US during first trip (got a job as well, so have the welcome letter)
2. Bank account since February 2014.
3. Driving License
4. Permanent mailing address proof - Bank mails and Driving license
5. "Rent" agreement with sister (it says that me and my spouse will reside with her free of cost for the first 6 months and then pay rent)
6. 2 job offers - one from US and the second from my current employers in the country of my residence. Both starts from April 2016.

7. Social security number.

8. By the time (hopefully) my spouse gets the call for the interview...we will have the appointment letter for her for a job in US from a local organisation of the current country of residence.


Other things that may seem irrelevant

1. Spouse got a J1 visa from US state department for 10 months, during the same time we got married we decided to cancel it because State department restricted her getting married to a Permanent resident till the fellowship ended. Visa was cancelled without prejudice.... (we had good intentions to not sneak in the US and instead get married go properly) I know good intentions don't count in the embassy but will it favor us... (She has been to the US in 2013) same J1 visa ...State department trip for one month.

2. She will take Spanish classes (from an accredited institution from Spain's Embassy) for getting a decent job in Florida or at least try to..so will such moves be of any good.


Please suggest for improvement in order to further prove US domicile ....and evaluate this case

[Arslan12 20]

According to my knowledge Green card is a permanent residence card. You have to permanently residing in the US in order to keep your status as a permanent residence. The maximum time you can spend out of the US is 6 months in a whole year. You will have to look at how much time you spent in the US during your visits. Holding a full-time job overseas is a red flag as you are not permanently living in USA. You have to show closer ties to the US than to Pakistan at the port of entry to USA. I may be wrong, but first of all you have to maintain your status before you are eligible to sponsor your wife.

Also i don't think just showing them responses from different employers prove your ties to USA, as anyone can apply for jobs from abroad too. You can just send online applications over internet. And job welcome letter won't be enough either. You actually have to be working a job in USA.

[Arslan12 20]

Got Green card February 2014 -

Married on 4th of July 2014 (outside US) -

Case applied for wife - PD 25th August 2014.

I have been to USA thrice altogether .. during the last 18 months.

Reason for stay - Marriage, Job and waiting for Spouse visa.

None of these reasons are good enough for you to be able to live outside the United States and still maintain permanent resident status in USA. You can do that after you are a US citizen but not as a green card holder.

[Daniyal 0]

The reasons I mentioned are for discussion sake. and yes anyone can apply for jobs ....apply...

I have appointment letters for two jobs. There's a difference between applying and having a job.

[Arslan12 20]

Having a job means you are actually working a job. Having a job is different than just having a job offer. What you have right now are just job offers, You have to join and fill out paper work and get hired before you can have a document showing your are employed

[Daniyal 0]

I think I am not able to make you understand the meaning of having an appointment letter. Nevermind I think people here on this forum are just waiting to vent out their frustration on those who have a complicated case instead of giving suggestions. Carry on with it.

Edited August 27, 2015 by Daniyal

[Arslan12 20]

My honest suggestion to you would be return back to the US. Maintain your residence and wait for your wife to get visa. The best thing for you is to start a job in USA and pay taxes here. If not anything, you at least have to reside in the US for at least 6 months in a year to maintain your Green card.

I am not getting out my frustration on you as i am not frustrated at all. I am already in USA and have no immigration issues.

[mckwong 1]

Your case seems to be in the worst situation. If you marry your wife before your green card, she can get her green card with your green card application. If you have not married yet, you can apply for fiancee visa and get married in the US. In your case, you holds a green card and got married, which means you can only apply for CR-1, which has an annual quota for green card holders. If you do not physically live in the US, it is quite hard to establish the domicile. Maybe you want to talk to an immigration lawyer to see what he suggests. It is likely you need to move to US first before you can apply for your wife, and expect 3+ years for processing. And Arsian12 is right that if you leave US for over 6 months, the immigration may take away your green card when you return to the US.