IR1 when both and your spouse live overseas

[Ashlyyynnnn 17]

Hi Everyone,

 

I'm having a lot of trouble wrapping my head around the process. My husband is a USC and I'm Australian. We met and married in New York and now are living in Australia while I complete my Masters. We have already dealt with time apart and I'm trying to figure out if there's a way for us to avoid being separated while the visa is processed. Can we petition from Australia to the Chicago lockbox with a joint sponsor and prove intent to domicile? Or can you only do that with consulates that accept DCF? I also can't find any clear information on whether or not the Sydney consulate accepts DCF. I emailed them and their response is extremely vague and mostly just links back to the confusing website. I've been drowning in all this confusing information and really just want clarity on whether or not we will have prepare ourselves to be separated, or if there's a way around it. I don't trust lawyers and message boards are such a great resource I'm really hoping someone who's been in a similar situation can help!

 

Thanks in advance.

[Coco8 1,042]

Yes, you have to send the petition to Chicago.

 

I'd try to establish domicile to be on the safe side. You probably have a bank account in the US, the address of some relative to claim as your own, you have filed taxes. All that is good. If by the time of the interview you have been applying for jobs or have a job, you can add that as well. 

 

Australia doesn't have DCF. 

 

 

 

 

 

[Ashlyyynnnn 17]

Thank you for clearing that up! Just to be certain, we can apply to the Chicago lockbox while my husband is still in Australia with me so long as we provide intent to domicile?

[Jorge V 195]

6 hours ago, Ashlyyynnnn said:

Thank you for clearing that up! Just to be certain, we can apply to the Chicago lockbox while my husband is still in Australia with me so long as we provide intent to domicile?

Yes, this is how it's normally done. Many couples complete the process entirely abroad. The requirements are that the USC travel to the US before or at the same time as the immigrant, and that the sponsors (your husband will possibly at least be a co-sponsor) have established US domicile or can prove intent to establish domicile in the US at the time of filing the I-864. The I-864 doesn't happen until the NVC phase so your husband has plenty of time to establish US domicile.

[Coco8 1,042]

8 hours ago, Coco8 said:

Yes, you have to send the petition to Chicago.

 

I'd try to establish domicile to be on the safe side. You probably have a bank account in the US, the address of some relative to claim as your own, you have filed taxes. All that is good. If by the time of the interview you have been applying for jobs or have a job, you can add that as well. 

 

Australia doesn't have DCF. 

 

 

 

 

 

Sorry, I meant your husband probably has a bank account, etc. I thought you were the USC.

[Ashlyyynnnn 17]

Thank you all for your help! That's great to know and has brought me a lot of peace of mind. Dee Elle I will definitely hit you up when we start the process in earnest thank you!