US Embassy Interview - Proof of Domicile?

[Camie 72]

Hi everyone, I wanted to post to see if anyone has information about the interviews and the consulars asking for proof of domicile of the petitioner.

 

Here's our situation:

My fiance (petitioner) is a US citizen, since he was 12 years old. He got his citizenship through parents. He has never actually lived in the US but now we plan to move there to live together as soon as I get my proper visa. Or, he might go ahead to NYC because he will start school on September 11. My interview will probably be at the end of September. 

 

My questions:

1. Do they ask for proof of his residency in the US embassy? I know they usually ask for affidavit of support (I-134) and his aunt who lives in the US already sent us all the requirements as a co-sponsor.

2. People are saying we should've gotten married first and applied for the spousal visa but wouldn't they also ask for proof of domicile? The only difference is we're already married but if he's still a resident of the Philippines, it doesn't make a huge difference, does it?

 

Hope someone can give me insight on my issue! Thanks 

[vegasbound 83]

7 minutes ago, Camie said:

2. People are saying we should've gotten married first and applied for the spousal visa but wouldn't they also ask for proof of domicile? The only difference is we're already married but if he's still a resident of the Philippines, it doesn't make a huge difference, does it?

If you are already married in the Philippines, then you are no longer eligible for the K1 visa. Applying for the fiance visa and stating that you are not married on the I-129F is misrepresentation and will get you ban from entering the country.

 

It is not difficult to establish domicile in the US especially since he will be coming back to the US to start school. If he filed a I-130 for you now, by the time of the interview, he would already be living in the US for awhile and be able to fulfill the domicile requirement. 

[Coco8 1,042]

What a waste!!!

 

You cannot do a K1 now. You got married! K1 is for fiance and to get married in the US. 

 

Domicile is important but it is the same requirement for both visas. So getting married just made things worse because now you have to do a spousal visa and that takes 12-14 months. 

 

Do you have a visitor visa? (tourist visa?)

 

Anyway, him being in the US studying is enough for domicile. He has to get a place, open a bank account, get an ID. That is enough proof. 

 

You should not go to the interview for the K1. It will get denied and you can get in trouble if you go an say you got married. Don't even try to get the visa by saying you are not married because they will find out (they do background checks) and they will give you a 10 year ban. You should withdraw the application and don't spend any more money on it (like don't do the medical, etc.). 

 

 

 

 

 

 

[Hank_ 9,174]

1 hour ago, Camie said:

Hi everyone, I wanted to post to see if anyone has information about the interviews and the consulars asking for proof of domicile of the petitioner.

 

Here's our situation:

My fiance (petitioner) is a US citizen, since he was 12 years old. He got his citizenship through parents. He has never actually lived in the US but now we plan to move there to live together as soon as I get my proper visa. Or, he might go ahead to NYC because he will start school on September 11. My interview will probably be at the end of September. 

 

My questions:

1. Do they ask for proof of his residency in the US embassy? I know they usually ask for affidavit of support (I-134) and his aunt who lives in the US already sent us all the requirements as a co-sponsor.

2. People are saying we should've gotten married first and applied for the spousal visa but wouldn't they also ask for proof of domicile? The only difference is we're already married but if he's still a resident of the Philippines, it doesn't make a huge difference, does it?

 

Hope someone can give me insight on my issue! Thanks 

K-1 Fiancee visa or IR/CR-1 spouse visa .. with both you need to have a U.S. residency.  

 

Your aunt's address will work.

 

Here is a link to the embassy instructions letter for the K-1, it lists everything that is required, which include a copy of the petitioner most recent tax return and W2 (yes your fiance must submit an I-134 also even if he did not have income from the USA).   Your aunt as a co-sponsor may or may not be accepted (this is where married would be better as the embassy is required to accept any qualified co-sponsor)

 

And one more comment; being your fiance is starting college in the USA he should include a letter stating so, plus copies of enrollment... just a suggestion.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

 

As an added note, because of your fiance being a former Philippine (or dual) citizen, the embassy will very likely ask for a CENOMAR from him as well.

 

 

 

 

 

 

Edited August 16, 2017 by Hank_

[Hank_ 9,174]

4 minutes ago, Coco8 said:

What a waste!!!

 

You cannot do a K1 now. You got married! K1 is for fiance and to get married in the US. 

 

Domicile is important but it is the same requirement for both visas. So getting married just made things worse because now you have to do a spousal visa and that takes 12-14 months. 

 

Do you have a visitor visa? (tourist visa?)

 

Anyway, him being in the US studying is enough for domicile. He has to get a place, open a bank account, get an ID. That is enough proof. 

 

You should not go to the interview for the K1. It will get denied and you can get in trouble if you go an say you got married. Don't even try to get the visa by saying you are not married because they will find out (they do background checks) and they will give you a 10 year ban. You should withdraw the application and don't spend any more money on it (like don't do the medical, etc.). 

 

 

 

 

 

She didn't state they were married, she only mentioned that some have suggested they get married and complete the spousal visa.

[JE57 239]

She didn't say they got married.  She said...

. People are saying we should've gotten married first and applied for the spousal visa but wouldn't they also ask for proof of domicile? The only difference is we're already married but if he's still a resident of the Philippines, it doesn't make a huge difference, does it?

-

Thus the statement is a hypothetical one.... Hypothetically if we're already married it wouldn't make a difference anyway...  

-

For the K-1 proof of intent to establish domicile like school enrollment proof,  housing arrangement documents etc. may be sufficient it will depend on how the interview goes... You will not be denied the visa based on domicile but you may be put in AP asking for additional documentation on the domicile issue. 

 

[Coco8 1,042]

Oh, OK. I though they were saying they got married!!! There are a lot of people that do that. 

 

Yes, domicile is pretty easy to do. Also, you can have your interview a bit later if he needs some time to get his paperwork in order. The start of school + moving can be a bit crazy, so he might need a month to get his things in order.

Edited August 16, 2017 by Coco8

[Camie 72]

3 hours ago, Hank_ said:

K-1 Fiancee visa or IR/CR-1 spouse visa .. with both you need to have a U.S. residency.  

 

Your aunt's address will work.

 

Here is a link to the embassy instructions letter for the K-1, it lists everything that is required, which include a copy of the petitioner most recent tax return and W2 (yes your fiance must submit an I-134 also even if he did not have income from the USA).   Your aunt as a co-sponsor may or may not be accepted (this is where married would be better as the embassy is required to accept any qualified co-sponsor)

 

And one more comment; being your fiance is starting college in the USA he should include a letter stating so, plus copies of enrollment... just a suggestion.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/K1-and-K2-Applicant-Interview-Preparation-Instructions-08112016-English-336KB.pdf

 

As an added note, because of your fiance being a former Philippine (or dual) citizen, the embassy will very likely ask for a CENOMAR from him as well.

 

 

 

 

 

 

This is an extremely informative answer! 

 

Thank you Hank_! I'll take note of everything you've said and prepare.