How to show timing of domicile establishment

[Mike Samson 0]

My wife has her IR1 visa interview next week at the embassy in Bangkok. I'm providing extensive documentation to show my efforts towards to re-establish domicile. Thanks to this forum, I know exactly what to bring!

 

What's not clear to me is this: how do I demonstrate that the timing of my establishment of domicile is before or concurrent with my wife's move to the US? I understand this is a requirement, but I can't find any details on how to prove that I will move to the US at the same time she will. Is simply a statement of my intention as such enough? How have others dealt with this?

[millefleur 5,047]

You have to prove your intent to establish domicile when your wife goes to the final interview at the Embassy. You will hand in all your docs and evidence related to domicile then along with the I-864. You need more than a statement. Include a statement, any mail received at your US address, a rental agreement (or letter from whomever you will be staying with in the States), voting records, bank statements/credit card statements from US banks, etc.

 

What evidence have you gathered so far?

[Mike Samson 0]

Thanks for the reply! I'll be including my work contact in the US, a receipt for the shipment of my belongings, a chat conversation with a host on Airbnb where she agreed to hold a place, a letter from my employer in the US, many months of US credit card statements, voting history, driver license, and a statement from my landlord in Bangkok confirming that our contract is ending.

 

My question, however, isn't so much about what documents to include (as this is covered extensively in other threads). Rather, what I want to know is how I am expected to demonstrate that I will establish domicile *before* (or concurrently with) my wife enters the US.

 

In other words, how does the embassy know that I will move to the US before my wife and not after?

 

Thanks in advance!

[millefleur 5,047]

31 minutes ago, Mike Samson said:

My question, however, isn't so much about what documents to include (as this is covered extensively in other threads). Rather, what I want to know is how I am expected to demonstrate that I will establish domicile *before* (or concurrently with) my wife enters the US.

 

In other words, how does the embassy know that I will move to the US before my wife and not after?

They actually don't care if you move there before or after the visa is issued. They simply want to see that you have some form of domicile in the US.

 

I know some embassies can be strict about domicile but I really doubt that Thailand is. If you're moving together with your wife back to the US, that's totally fine. They don't expect everyone living abroad to move back before issuing the visa. At our Embassy, since I was obviously there for the interview and had filed DCF, I just explained that I had maintained a domicile in the US (mostly with my bank account and mailing address) and that my husband and I were planning to move back together. We didn't have any issues at all. They accepted everything without question.

[Mike Samson 0]

Ok that's very helpful to know. Mostly I'm caught up by this phrase on their page explaining how to re-establish domicile: "The sponsored immigrant must enter the United States with or after the sponsor." I guess they just don't enforce this?

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

[millefleur 5,047]

7 minutes ago, Mike Samson said:

Ok that's very helpful to know. Mostly I'm caught up by this phrase on their page explaining how to re-establish domicile: "The sponsored immigrant must enter the United States with or after the sponsor." I guess they just don't enforce this?

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

Yes, they enforce it.

 

Your wife can enter either: a) with you at the port of entry or b) without you, but she would only be allowed to enter after you have already re-entered the States.

 

What is your plan exactly? Do you want to move back before and she comes later (totally OK) or do you want to move back together and enter together (also totally OK). What is not OK is her entering alone without you already being the States at that point.

Edited June 5, 2017 by millefleur

[Mike Samson 0]

How do they know I've already entered the US?

 

The plan is: I go SF for work on July 8, my wife goes to NYC on July 14 and I meet her in NYC on July 21. Her medical certificate expires July 16, so we're assuming that will be the validity date of the visa.

[millefleur 5,047]

7 hours ago, Mike Samson said:

How do they know I've already entered the US?

 

The plan is: I go SF for work on July 8, my wife goes to NYC on July 14 and I meet her in NYC on July 21. Her medical certificate expires July 16, so we're assuming that will be the validity date of the visa.

They somehow know. Especially if your POE is a big city, they have those creepy kiosk things that scan your face and passport. If you enter on July 8 and your wife enters on July 14, you should have no problems.

 

Most likely her visa will expire 6 months after the day she took the medical.

[Mike Samson 0]

Okay great. One last question on this: I'll be going to the US before my wife for a 2 week work trip and we'll meet to look for apartments for one week. Then I'll leave the US again for three weeks before coming back again to officially start my new job. Is there a chance they'd see me as establishing domicile in the second trip, and not the first one, and therefore require she enter after my second arrival in the US?

[millefleur 5,047]

6 minutes ago, Mike Samson said:

Okay great. One last question on this: I'll be going to the US before my wife for a 2 week work trip and we'll meet to look for apartments for one week. Then I'll leave the US again for three weeks before coming back again to officially start my new job. Is there a chance they'd see me as establishing domicile in the second trip, and not the first one, and therefore require she enter after my second arrival in the US?

No, they aren't that picky about domicile generally. That three week trip will just be considered a vacation or a temporary visit. They won't suspect that you're trying to move out of the country again if you've already submitted documents showing that you plan to re-establish a domicile in the US.

 

I'm living in Russia right now but our visa was approved. I went back to the States a few weeks before my husbands final interview exactly to help with establishing domicile and gathering financial docs. I returned to Russia because I'm temporarily living here with my husband. He got his visa no problem and now I'm staying with him until we finally POE at the end of the month. So, in my experience, they do not care at all where you go or what you're doing as long as you POE together or your spouse POEs after you.

[Mike Samson 0]

Ah great to know. Thank you so much!