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Proof of intent to stay in US

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My fiancé and I left the US over 10 years ago. We plan on returning with the K-1 visa but have made no permanent housing arrangements since there is always the off chance that the visa is denied.

Does anyone have experience with this scenario? My lawyer is strongly encouraging us to convince a family member to sign a lease for us to show we have a residence in the US. Once we get the visa I plan on finding an apartment and signing a lease so we have somewhere to stay.

Is it critical I prove we have a residence in the US during the interview? I know we are the first couple to be returning to the US on a K-1. This has to be considered normal.

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Edit: I meant to say "I know we are NOT the first couple to be returning to the US on a K-1".

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Filed: AOS (apr) Country: Canada
Timeline

We were living together in Canada for 4.5 years at the time of our K1. We had issues in our interview regarding domicile. When I was called up to the second window(where you get approved or denied) he told me that the USC needed to go home and establish better domicile. I argued the fact by showing cancelled permanent residency application for Canada, a job for USC in the US, a place to live, and farm land owned in the US. He had me sit back down for ~20mins and called me back up to the window. He passed me the welcome letter and told me we were denied by him but approved by his supervisor. We were put into AP for almost a month after that.

If we were to go through this again, USC would have gone home for 4-6 months to establish a job, bank account and place to live.

Hope this helps!

Edit to add: Also showed expiring work visa for USC

Edited by B-2-Z

Met 2008. Moved in together 2010. Married 2015. Baby Z joined us 2017 . :wub:

AOS Timeline 350 days

 

May 31/15 - Sent AOS/EAD/AP to USCIS

June 4/15 - Email and text notifications they were recieved

June 10/15 - NOA1 for AOS/EAD/AP Dated June 1

June 17/15- Change of address confirmation

June 22/15- Biometrics appointment received

July 1/15- Biometrics appointment done(5 minute appointment, 8 hour round trip drive <_< )

August 5/15 - Change of address submitted for new location

August 8/15 - Mobile/E-mail notifications for approved EAD/AP :)

August 17/15 - Change of address confirmation after calling in

August 17/15 - EAD/AP Combo card mailed out(To the wrong address, and then lost by USPS)

September 3/15 - Contacted USCIS and was told to re-apply with a new application and fees?! Put in a service request online for lost card, and a complaint

September 8/15 - USPS found & returned card to USCIS

September 15/15 - Ombudsman contacted USCIS

September 17/15 - Card mailed back out

September 19/15 - EAD/AP Combo card finally in hand

September 22/15 - NPIW letter received, dated September 9/2015 estimated 6 month wait

October 13-21/15 - Traveled using AP to visit parents & ship the rest of our belongings out west

November 27-30/15 - Traveled using AP

December 28/15- RFE hard copy, waiting on documents from Canada

January 31-February 7/16 - Traveled using AP

February 10/16 - Sent in RFE, delivered Feb 16

April 16/16 - Service request filed, RFE was never updated online

May 12 - Approved email and status update dated May 10. Service request never was assigned or solved, though.

May 14 - Greencard in hand!

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I have maintained my employment in the United States during the time we have lived abroad. I've worked for the same company for 23 years. I travel back to the States at least 6 times a year for 2-3 weeks at a time so I've maintained a presence of sorts... just no domicile. My fiancé and I have had a joint bank account in the States since 2009. I certainly hope all of that is proof that I'm established in the US.

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Filed: K-1 Visa Country: South Korea
Timeline

I am also worried about this as I have been employed and working in a foreign country for 3 years (during this time I have met my fiance). However, I hope to return back home with him this Spring and find a job (education). I figured that a co-sponser would be effective enough in terms of having support for a place to stay? I listed my mother as a co-sponser so hopefully that won't be a problem?

I have a bank account back in the states that is still active, but other than that I am not sure what else I can communicate with the consulate. I have been hoping to return with my fiance to the states together once my contract is completed in Korea.

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Filed: AOS (apr) Country: Kenya
Timeline

Is it critical I prove we have a residence in the US during the interview?

No, but the intention must be to permanently reside in the US. You'll need to prove that for AOS.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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No, but the intention must be to permanently reside in the US. You'll need to prove that for AOS.

No worries there. We've been waiting over 10 years to be able to return to the US. No intention of living elsewhere.

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Filed: AOS (apr) Country: Canada
Timeline

I have maintained my employment in the United States during the time we have lived abroad. I've worked for the same company for 23 years. I travel back to the States at least 6 times a year for 2-3 weeks at a time so I've maintained a presence of sorts... just no domicile. My fiancé and I have had a joint bank account in the States since 2009. I certainly hope all of that is proof that I'm established in the US.

The fact your job is long term and based in the US, should solve a lot of this. Just to let you know, they'll want to see the print offs of bank accounts with both names and balances, not just the first page with the names(at least with AOS) Make sure to bring your job contract as evidence so that it will back you up.

Good luck!

Met 2008. Moved in together 2010. Married 2015. Baby Z joined us 2017 . :wub:

AOS Timeline 350 days

 

May 31/15 - Sent AOS/EAD/AP to USCIS

June 4/15 - Email and text notifications they were recieved

June 10/15 - NOA1 for AOS/EAD/AP Dated June 1

June 17/15- Change of address confirmation

June 22/15- Biometrics appointment received

July 1/15- Biometrics appointment done(5 minute appointment, 8 hour round trip drive <_< )

August 5/15 - Change of address submitted for new location

August 8/15 - Mobile/E-mail notifications for approved EAD/AP :)

August 17/15 - Change of address confirmation after calling in

August 17/15 - EAD/AP Combo card mailed out(To the wrong address, and then lost by USPS)

September 3/15 - Contacted USCIS and was told to re-apply with a new application and fees?! Put in a service request online for lost card, and a complaint

September 8/15 - USPS found & returned card to USCIS

September 15/15 - Ombudsman contacted USCIS

September 17/15 - Card mailed back out

September 19/15 - EAD/AP Combo card finally in hand

September 22/15 - NPIW letter received, dated September 9/2015 estimated 6 month wait

October 13-21/15 - Traveled using AP to visit parents & ship the rest of our belongings out west

November 27-30/15 - Traveled using AP

December 28/15- RFE hard copy, waiting on documents from Canada

January 31-February 7/16 - Traveled using AP

February 10/16 - Sent in RFE, delivered Feb 16

April 16/16 - Service request filed, RFE was never updated online

May 12 - Approved email and status update dated May 10. Service request never was assigned or solved, though.

May 14 - Greencard in hand!

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The fact your job is long term and based in the US, should solve a lot of this. Just to let you know, they'll want to see the print offs of bank accounts with both names and balances, not just the first page with the names(at least with AOS) Make sure to bring your job contract as evidence so that it will back you up.

Good luck!

Thanks for reminding me about the bank statements. I've got a letter from the bank showing when the account was opened and that it's in good standing but I'll bring the latest statement as well.

As far as my employer is concerned, I had the HR department provide a letter that gives all the pertinent info about my employment as well as stating that they are eagerly awaiting my return to the US and that my job is secure and in good standing.

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  • 2 weeks later...
Filed: AOS (apr) Country: Canada
Timeline

Congratulations, I see you were approved :)

Met 2008. Moved in together 2010. Married 2015. Baby Z joined us 2017 . :wub:

AOS Timeline 350 days

 

May 31/15 - Sent AOS/EAD/AP to USCIS

June 4/15 - Email and text notifications they were recieved

June 10/15 - NOA1 for AOS/EAD/AP Dated June 1

June 17/15- Change of address confirmation

June 22/15- Biometrics appointment received

July 1/15- Biometrics appointment done(5 minute appointment, 8 hour round trip drive <_< )

August 5/15 - Change of address submitted for new location

August 8/15 - Mobile/E-mail notifications for approved EAD/AP :)

August 17/15 - Change of address confirmation after calling in

August 17/15 - EAD/AP Combo card mailed out(To the wrong address, and then lost by USPS)

September 3/15 - Contacted USCIS and was told to re-apply with a new application and fees?! Put in a service request online for lost card, and a complaint

September 8/15 - USPS found & returned card to USCIS

September 15/15 - Ombudsman contacted USCIS

September 17/15 - Card mailed back out

September 19/15 - EAD/AP Combo card finally in hand

September 22/15 - NPIW letter received, dated September 9/2015 estimated 6 month wait

October 13-21/15 - Traveled using AP to visit parents & ship the rest of our belongings out west

November 27-30/15 - Traveled using AP

December 28/15- RFE hard copy, waiting on documents from Canada

January 31-February 7/16 - Traveled using AP

February 10/16 - Sent in RFE, delivered Feb 16

April 16/16 - Service request filed, RFE was never updated online

May 12 - Approved email and status update dated May 10. Service request never was assigned or solved, though.

May 14 - Greencard in hand!

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Congratulations, I see you were approved :)

Thanks. It ended up being very easy. I didn't have to provide any kind of documentation during the interview. I guess since my fiancé and I have lived together for over 10 years it was pretty much a no-brainer.

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