USC not living in the US (IR1)

[K&E2009 71]

Hi there, 

 

My USC wife, our USC son and I reside outside the US (for the past 3 years).

 

Upon reading this forum, people have mentioned 'convincing the embassy at the interview that the USC domiciles in the US'. 

 

Can someone explain this? 

 

We have her father as a sponsor for us as she does not have US income.

We plan on entering the US together once visa is approved. 

 

Thanks!

[irwinwill 2]

Hi,

 

It's not really that you have to convince them, it's more proving that your wife always considered the US as here country of domicle, i.e her living abroad was always temporary. OR she will need to prove that she is willing to re-establish her domicile to the US. This process starts when you're submitting your AOS package, not at the interview stage.

 

Take a look at this - http://www.visajourney.com/wiki/index.php/NVC_Process

 

Go down to where it mentions domicile and it will give you examples of what you need to include. I was in a similar situation with my wife living abroad with me and we used her dad as our joint sponsor. We gave them proof of her bank account in the US, driving license, job opportunities etc to show her domicile is the US.

 

Hope this helps!

Edited February 20, 2018 by irwinwill

[Hamada91 9]

4 hours ago, irwinwill said:

Hi,

 

It's not really that you have to convince them, it's more proving that your wife always considered the US as here country of domicle, i.e her living abroad was always temporary. OR she will need to prove that she is willing to re-establish her domicile to the US. This process starts when you're submitting your AOS package, not at the interview stage.

 

Take a look at this - http://www.visajourney.com/wiki/index.php/NVC_Process

 

Go down to where it mentions domicile and it will give you examples of what you need to include. I was in a similar situation with my wife living abroad with me and we used her dad as our joint sponsor. We gave them proof of her bank account in the US, driving license, job opportunities etc to show her domicile is the US.

 

Hope this helps!

what does AOS refer to  ? sorry but I have a similar situation

[K&E2009 71]

Adjustment of Status. Have a look at the link mentioned above. Very informative. 

[swe_jill 7]

The list in that link is great. I'm a USC living outside of the US for 14 years () so expected a difficult time proving I never gave up US domicile. I provided a letter from my parents confirming we can live in a family-owned property upon our return, bank and credit card statements, state tax returns, copy of drivers' license, voter registration confirmation, emailed shipping quotes and emailed school and day care queries/correspondence. It worked for us.

[geowrian 22,337]

8 hours ago, K&E2009 said:

Adjustment of Status. Have a look at the link mentioned above. Very informative. 

Actually, it means Affidavit of Support (I-864) in this case. IR-1 applicants do not go through adjustment of status since they are granted LPR status at POE (unlike your past K-1 visa, which did not do so).