CR1 Domicile Requirement

[aussie101 0]

I am an Australian woman who recently married an American man. We have been living together in Australia since 2011. We are about to send off our I-130 application and I have questions about the domicile requirements that will be part of the next stage.

 

If we are not intending to fully emigrate to the US in the near future, is my CR1 likely to be approved? Our intention in applying is to allow us to travel to the US for longer periods, without restrictions on how long I can stay. I would also like to possibly find work as a substitute teacher during these visits (I am a teacher in Australia).

 

Is the domicile requirement on the I-864 (Affidavit of Support) necessary for my husband if we are going to have his dad co-sponsor me? As we live in Australia, my husband has no US income and his Australian income is below the poverty threshold due to being in the process of establishing a business (which is home-based, so he will be able to continue this if/when we move to the US). I am the main breadwinner.

 

Would the following be considered enough proof of maintaining US domicile?

 

• A US bank account, which we use on our yearly visits to the US
• Voter registration

 

He also has a car in the US, which is up on blocks in storage at his parents' house when we are not visiting. It used to be in his name, however, we transferred it to his dad so that he could manage the insurance, registration, etc for us. We can look at transferring this back to my husband, if that would help.

 

He currently drives in the US on his Australian licence, so he let his US one lapse. We can look at getting a new US licence for him on our next visit.

[Khallaf 650]

23 minutes ago, aussie101 said:

I am an Australian woman who recently married an American man. We have been living together in Australia since 2011. We are about to send off our I-130 application and I have questions about the domicile requirements that will be part of the next stage.

 

If we are not intending to fully emigrate to the US in the near future, is my CR1 likely to be approved? Our intention in applying is to allow us to travel to the US for longer periods, without restrictions on how long I can stay. I would also like to possibly find work as a substitute teacher during these visits (I am a teacher in Australia).

 

Is the domicile requirement on the I-864 (Affidavit of Support) necessary for my husband if we are going to have his dad co-sponsor me? As we live in Australia, my husband has no US income and his Australian income is below the poverty threshold due to being in the process of establishing a business (which is home-based, so he will be able to continue this if/when we move to the US). I am the main breadwinner.

 

Would the following be considered enough proof of maintaining US domicile?

 

• A US bank account, which we use on our yearly visits to the US
• Voter registration

 

He also has a car in the US, which is up on blocks in storage at his parents' house when we are not visiting. It used to be in his name, however, we transferred it to his dad so that he could manage the insurance, registration, etc for us. We can look at transferring this back to my husband, if that would help.

 

He currently drives in the US on his Australian licence, so he let his US one lapse. We can look at getting a new US licence for him on our next visit.

a CR1 is for immigration into the USA not to be able to stay and visit for longer periods of time, if you get approved for a CR1 visa, you must have the intention to live in USA, travel back and forth with longer stays outside of USA will not be approved.

 

[Nitas_man 3,100]

We lost a green card that way, and came close to losing a second one.

 

I do have US bank accounts, cars (insured, running, titled cars LOL), credit cards, investment accounts, drivers licenses, US cell phones, even a portable US home phone that we carry with us.  What you are trying to do will work for a year or two then you're going to get scrutinized.  There is a high likelihood that you will end up in removal proceedings.

 

Since you can visit the US any time you want to I would not suggest (would strongly recommend against) using an immigrant visa and green card as a visa.  We've been out of the US a long time and did play that game for a couple of years, had to re-apply, then went to the US a couple of years, left, and stayed out too long again / had to get an SB1 to return.  It was close, I almost had to re-file. 

 

It isn't worth it.  The first time you enter after a 6-month absence they notice you and when it gets close to a year they make notes.  My wife got a note in her passport one time when she entered.

 

To answer your direct question yes, an established domicile is required, I used my parents address while we were out the first time and currently use my brothers address (it's where our cars and some of our things are).

 

Good luck.

 

 

 

Edited March 5, 2018 by Nitas_man

[geowrian 22,338]

A CR-1 grants permanent residency in the US. You must maintain that permanent residency by actually living in the US. If you just want longer visits to the US, then an immigrant visa is not appropriate for you, and may result in abandonment of the green card.

 

Secondly, yes....the I-864 requires the petitioner to have US domicile OR show sufficient intent to establish US domicile. Claiming US domicile (or intent to establish it) when you intend to live abroad still is not appropriate.

[Boiler 46,418]

I think you have misunderstood what an Immigrant Visa is for, so all the other questions go away.

[Crazy Cat 42,757]

42 minutes ago, aussie101 said:

If we are not intending to fully emigrate to the US in the near future, is my CR1 likely to be approved? Our intention in applying is to allow us to travel to the US for longer periods,

Sounds like misuse of immigrant visa.

[TNJ17 1,329]

An immigrant visa is exactly that, an IMMIGRANT visa, meaning you want to move to the US to live there forever. You cannot use an immigrant visa for visiting purposes. 

[TNJ17 1,329]

Also before you file for this your USC husband is going to have to move back to the US by himself to establish residency as for what you have there will not do it for immigration purposes. 

[aussie101 0]

Thank you all for your responses. Your information clears things up for us!

[pushbrk 13,267]

7 hours ago, TNJ17 said:

Also before you file for this your USC husband is going to have to move back to the US by himself to establish residency as for what you have there will not do it for immigration purposes. 

While it is possible what they have is insufficient evidence of intent to re-establish domicile in the US, it most likely is.  The problem, as stated by others is that the intending immigrant doesn't intend to immigrate and the petitioner doesn't actually intend to re-establish permanent domicile in the USA.  Using "evidence" to prove something that isn't true in the first place, is never a good idea.

Edited March 5, 2018 by pushbrk

[TNJ17 1,329]

5 minutes ago, pushbrk said:

While it is possible what they have is insufficient evidence of intent to re-establish domicile in the US, it most likely is.  The problem, as stated by others is that the intending immigrant doesn't intend to immigrate and the petitioner doesn't actually intend to re-establish permanent domicile in the USA.  Using "evidence" to prove something that isn't true in the first place, is never a good idea.

Which is exactly why i said before you can’t use immigrant visa for visiting purposes. 

[Crazy Cat 42,757]

" United States Green Cards grant lawful status to the holders. ... Hence, it is mandatory to maintain your primary residence in the United States, as a lawful permanent resident. In order to maintain your primary residence, you must not leave the United States and remain in a foreign country for an extended period of time."

 

[pushbrk 13,267]

21 minutes ago, TNJ17 said:

Which is exactly why i said before you can’t use immigrant visa for visiting purposes. 

Of course you can.  It is improper to do so,  and there are consequences for doing so, but the words can and can't have specific meanings that do not apply in this situation.  

12 minutes ago, missileman said:

" United States Green Cards grant lawful status to the holders. ... Hence, it is mandatory to maintain your primary residence in the United States, as a lawful permanent resident. In order to maintain your primary residence, you must not leave the United States and remain in a foreign country for an extended period of time."

 

If you are going to quote something, please indicate the source.  

[Crazy Cat 42,757]

4 minutes ago, pushbrk said:

If you are going to quote something, please indicate the source.  

I used the quotes to indicate that they are not my own words.  It is very simple to use Google along with the copy and paste functions to find the source.  You want me to do all the work?

[pushbrk 13,267]

4 minutes ago, missileman said:

I used the quotes to indicate that they are not my own words.  It is very simple to use Google along with the copy and paste functions to find the source.  You want me to do all the work?

Nope.  It's just polite to give the source.  You are making and "argument from authority" or "appeal to authority"  (Google those.) without citing the authority.  Bad form. 

 

I'm in full agreement with your quote but maintaining permanent resident status can be far more complicated than that.

 

Edited March 5, 2018 by pushbrk