IR-1 DCF, establishing US domicile and salary from UK?

[moeandlu 4]

hi, i'm filing DFC from the UK for my husband. if approved, we will qualify for IR-1 and 10 year green card.

 

how do you establish US domicile/salary without a job in the US at time of filing? my company doesn't have US locations so it wouldn't apply and obviously they ask you to file minimum 10 months before moving. we haven't heard anything about me needing to move 10+ months before him/before filing to get a US job, what did you do in this situation?

[Jorge V 195]

Just answered your question in another thread, but figure I'd provide some insight here as well.

 

There are no set rules on what is required to establish US domicile. Also, since you are currently living outside of the US you simply have to show an intent to establish domicile. Since your job won't continue in the US you will need to collect other evidence.

• I know you mentioned a letter from your parents in the other thread so that's good.
• If you don't have a US bank account/credit card you could open one now using your parents address. Same thing for utilities such as a cell phone or Netflix.
• A quote from a mover
• You could also buy plane tickets for your move and use that.
• Basically any evidence that shows that you intend to move to the US. There's no defined list so you can get creative.

You also don't need to show this until the interview stage, so you can go ahead and file. Another thing to keep in mind is that you will need a cosponsor on the I-864 (filed later) if you still do not have a US job. Your husband's sponsor will need to make 125% of the federal poverty line. If you happen to have a US job at the time that meets this requirement then you can be his sponsor, otherwise you'll need to find a cosponsor. A cosponsor can be any USC or LPR who has a US domicile, doesn't have to be a relative.

 

Finally, I'm not sure what you mean about filing 10 months before moving. Could that be a recommendation for non-DCF filers? My wife and I filed our DCF I-130 2 months ago, got approved 2 weeks ago, and we will be moving this week.

 

Edited August 31, 2017 by Jorge Valdivia