What would happen if my wife were to move to me?

[Zeebot9 3]

My wife and I met in the US. I lived there for a year and met her half way through that time. After my visa was up we did long distance until she graduated and then I went but to America for a visit and then she moved to New Zealand with me. We lived here for about two years re visiting family in the states twice. got married a few months in to her time living in New Zealand. We have applied for an I-130 but her visa here in NZ has since ran out so she has returned home. We did not anticipate this taking so long as we have been stuck at Nebraska. She is very unhappy in the states and is thinking about returning to NZ to live with me.

If she did would this change anything about our visa process? Would it be good, bad or not matter at all?

[Dashinka 24,520]

If she goes back to NZ to live with you will she still be maintaining a domicile in the US?  I could be wrong, but I understand that with the CR1/IR1 application, the US citizen has to have a physical domicile in the US.  If she isn't then I would look closer at just visiting a few times a year and having her stay in the US for most of the period.  I know it seems like a really long time to get the CR1/IR1, but in reality, it will go fairly quickly. 

[JE57 239]

If she wants to move to NZ and live there with you then she can do that.  You have a couple of choices.  If the plan is that the two of you would continue to live in NZ then that would end your visa quest for the USA.  You'd simply live in NZ and she would remain on whatever visa allows her residency there.   If sometime in the future you decide to move back to the USA then you'd start the I-130 over again although you could have a much shorter process if you meet the requirements for Direct consulate filing in the future.   The other alternative is if she is allowed to stay in NZ while the I-130 continues thru the process.  She can do that but she would have to show domicile in the USA or intent to establish domicile in the USA at the time of your interview for your visa to be processed. 

[NikLR 13,227]

If living in the usa is rhe ultimate goal there are two considerations.  One is domicile, she should not close any bank accounts and make sure its easy for her to move back again.  For NZ intent to reestablish domicile is generally enough.  The second thing is sponsorship.  If her current income does not meet or exceed the poverty guidelines set forth by thr I-864p, she needs assets to cover rhe difference or a joint sponsor. 

[NikLR 13,227]

~~moved to IR1/CR1 process and procedures from Bringing family members of USC~~

[Ryan H 3,812]

14 hours ago, JE57 said:

 although you could have a much shorter process if you meet the requirements for Direct consulate filing in the future.

 

Not available in New Zealand.

[Zeebot9 3]

22 hours ago, NikLR said:

If living in the usa is rhe ultimate goal there are two considerations.  One is domicile, she should not close any bank accounts and make sure its easy for her to move back again.  For NZ intent to reestablish domicile is generally enough.  The second thing is sponsorship.  If her current income does not meet or exceed the poverty guidelines set forth by thr I-864p, she needs assets to cover rhe difference or a joint sponsor. 

What other ways can she keep domicile? We have our joint bank accounts set up in both countries. She wont be closing hers or our joint. 

What kid of assets? How much cash would we need stored away? Her parents and sister would be co sponsors if needed.

[Zeebot9 3]

22 hours ago, JE57 said:

If she wants to move to NZ and live there with you then she can do that.  You have a couple of choices.  If the plan is that the two of you would continue to live in NZ then that would end your visa quest for the USA.  You'd simply live in NZ and she would remain on whatever visa allows her residency there.   If sometime in the future you decide to move back to the USA then you'd start the I-130 over again although you could have a much shorter process if you meet the requirements for Direct consulate filing in the future.   The other alternative is if she is allowed to stay in NZ while the I-130 continues thru the process.  She can do that but she would have to show domicile in the USA or intent to establish domicile in the USA at the time of your interview for your visa to be processed. 

Our plan would be to stay in NZ until my visa is approved. Our end goal is to live together in america. 

How do we find out if she is allowed to come over while the process continues? Call and ask? I would prefer something in writing. What are the best ways to show domicile, or show that our plan is to move to the US as soon as I am allowed?

22 hours ago, Bill & Katya said:

If she goes back to NZ to live with you will she still be maintaining a domicile in the US?  I could be wrong, but I understand that with the CR1/IR1 application, the US citizen has to have a physical domicile in the US.  If she isn't then I would look closer at just visiting a few times a year and having her stay in the US for most of the period.  I know it seems like a really long time to get the CR1/IR1, but in reality, it will go fairly quickly. 

will she still be maintaining a domicile in the US? What are some good ways to do this?

[NikLR 13,227]

In the NVC wiki there is a section on domicile.  I highly suggest reading it.  

 

Also read the I-864 instructions.  She would 3x the assets to the poverty guidelines on the I-864p. 

[truelove29 218]

If you have people willing to be joint sponsors then I don't think you'll have a problem. Keeping the U.S. bank accounts is also good. Where is she living in the states? With family? If she has a current drivers license or state ID, that's further proof of keeping domicile. It won't affect your visa if she goes to live with you. I'm pretty much doing the same thing, although I visit the U.S. often to do freelance work. You said you filed the I-130 from New Zealand...did she put that address as her physical address? If so, then they already know she lives there with you. 

[Zeebot9 3]

5 hours ago, truelove29 said:

If you have people willing to be joint sponsors then I don't think you'll have a problem. Keeping the U.S. bank accounts is also good. Where is she living in the states? With family? If she has a current drivers license or state ID, that's further proof of keeping domicile. It won't affect your visa if she goes to live with you. I'm pretty much doing the same thing, although I visit the U.S. often to do freelance work. You said you filed the I-130 from New Zealand...did she put that address as her physical address? If so, then they already know she lives there with you. 

Yes she is living with family in the states and has a drivers license. Yes filed that we were both living together in NZ. She has since changed her address as she has moved home to the US though. 

6 hours ago, NikLR said:

In the NVC wiki there is a section on domicile.  I highly suggest reading it.  

 

Also read the I-864 instructions.  She would 3x the assets to the poverty guidelines on the I-864p. 

Thanks I'll have a look through now