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Question regarding "Domecile in the US" for I-864

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Filed: IR-1/CR-1 Visa Country: China
Timeline

My husband is a US citizen that employed by a US company. He has been on an international assignment (an expat) in Australia for almost three years and now ready to be back to the home office in the US in July.

My question is, for the affidavit of support, does he need to be physically in the US to sponsor the CR1, or is it enough to show proof that he is ready to be back in July? Proofs including 100% of his salary goes to his US bank account, his 410 K retirement plan, or having vehicle title in the US and such.

Thanks in advance.

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As long as he has strong proof of intending to resume his US domicile before you immigrate, or simultaneously when you do, he should be ok. He doesn't need to actually be in the US to file the I-864, but equally they won't just take his word for it that he intends to re-domicile in the US.

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
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Filed: Citizen (apr) Country: Greece
Timeline

Hypnos is right. We submitted evidence that he intents to re-establish domicile (has been living in Europe for years). What evidence, depends on each case. :)

Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).

March 28th 2019 - Biometrics

August 8th 2019 - Case Approved No RFE No Interview - 10 year GC in production

N400 (Online - Detroit, MI office)
June 6th 2023 - Applied for naturalization under 5 year rule.
June 7th 2023 - Application received/Biometric will be reused.
June 16th - Interview scheduled.
July 27th - Upcoming interview.



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hypnos is right. We submitted evidence that he intents to re-establish domicile (has been living in Europe for years). What evidence, depends on each case. :)

Thank you both for the reply. May I ask what evidence did you submit to support intention of re-establish domicile?
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Filed: Citizen (apr) Country: Greece
Timeline

Thank you both for the reply. May I ask what evidence did you submit to support intention of re-establish domicile?

A signed affidavit from his parents that they bought us a house to live in.

Emails back and forth from their (new) school, showing we are intending to enroll our kids there.

Emails from daycare we will enroll baby in.

Formal letter from our current school that we request they remove the kids from their records and not look for them due to immigration (they are required by law to "look" for the kids if they are not in school in September).

Several e-mail inquiries about potential jobs for the two of us.

Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).

March 28th 2019 - Biometrics

August 8th 2019 - Case Approved No RFE No Interview - 10 year GC in production

N400 (Online - Detroit, MI office)
June 6th 2023 - Applied for naturalization under 5 year rule.
June 7th 2023 - Application received/Biometric will be reused.
June 16th - Interview scheduled.
July 27th - Upcoming interview.



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


.
event.png

event.png
 
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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Working for an US company and showing that he is going to be working for the same company back in the US is pretty good in itself. Does he still have US bank accounts, a US mailing address. The last two were really all I needed. Other things like showing he voted in a US election.

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