Urgent, please help! Activating US Visa!

[JFH 12,191]

21 hours ago, jayjayj said:

I did sign the I-184, but it doesn't say anything about me being physically present in the U.S. on the day the immigrant arrives.  Are you referring to this section of the instructions for the I-184 -

 

"You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above."

 

If you are referring to that portion, you could be giving the OP the wrong advice, because nobody asked him if this was applicable.  A person can keep their domicile in the U.S. while traveling abroad and the instructions above list several ways one can reestablish domicile, while not being physically present in the U.S. at that very moment.  Domicile is different from physical presence.  The OP's sponsor could simply be spending a few months overseas, while still keeping their domicile in the United States.

 

Unless I am missing something, I don't see anything saying the U.S. citizen needs to be physically present in the U.S. on the day the immigrant arrives - only that domicile must be established.

Domicile means permanent presence. Domicile and residency are different. But domicile means this your permanent place. 

 

You must show that the domicile will be in place by the time that the immigrant moves, not that you have made concrete steps by the time the immigrant moves. 

 

No doubt it will be questioned at the interview. I was asked at POE to confirm that my husband was in the US. 

[jayjayj 571]

12 hours ago, Dee elle said:

Instructions for completing the i864   p 4  section 3.... establish domicile on or before the intending immigrant.,..  the OP information indicated that the USC had been residing outside the US therefore must enter with or before the immigrant to actually establish domicile after living overseas...its not talking about tourist or such travel for work like a day trip to Canada.. it is directly relevant to the OP situation as he explained it... 

You are simply wrong.  The OP said this in the original post -

 

"I have received my visa and it's ready to activate upon point of entry.  I intended to travel with my family (my wife is the American citizen) at end of December as a family.  I received a call today for a job interview end of this week in the US.  Would I be able to activate my visa without my family for the interview or do I have to travel with my family in order for them to activate my visa?"

 

Now tell me where in that post the OP said that the spouse has been "residing outside the U.S." or where in that post the OP said the spouse had lost their domicile in the U.S.?  The OP never said either of those things.  You are reading into it and not asking the OP for details.

[jayjayj 571]

4 hours ago, JFH said:

You don't want the OP to have the wrong information or you were planning to do exactly this yourself (send your wife alone) and you're panicking that you might be in trouble? 

What are you talking about?  I'm not panicking about anything.  My wife is a U.S. citizen.

[jayjayj 571]

4 hours ago, JFH said:

Domicile means permanent presence. Domicile and residency are different. But domicile means this your permanent place. 

 

You must show that the domicile will be in place by the time that the immigrant moves, not that you have made concrete steps by the time the immigrant moves. 

 

No doubt it will be questioned at the interview. I was asked at POE to confirm that my husband was in the US. 

You can have domicile in the U.S. without being physically present in the United States.  The U.S. citizen does NOT have to be physically present in the U.S. when the immigrant arrives.  You are wrong and giving bad advice.  The U.S. citizen must have domicile in the U.S. when the immigrant arrives.  Did you ask the OP if their spouse was military or worked for the government overseas? I haven't resided in the U.S. for over 20 years, but guess what?  My legal domicile is still in the middle of Pennsylvania.

 

If you have a form that says "The U.S. citizen must be physically present in the United States when the immigrant arrives." then please post it here.  Otherwise, you haven't asked the OP for clarification about the domicile of his/her sponsor and every individual situation is different.  

[Ontarkie 14,443]

Read this thread. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

 

For Starters this comes up a lot and Canada is one of the most pickiest countries concerning domicile. 

 

Yes the wife needs to be moved back before or at the same time. 

[Ontarkie 14,443]

Also if you read the OP's previous post you would know that his wife, kids and him live in Canada.