Proof of US domicile at I-129F petition stage

[ONtoHOU 228]

Hi All,

 

My partner (US Citizen) is currently living with me (Canadian Citizen) in Canada on a three-year temporary work permit.  We intend to submit our I-129F petition while we both still reside in Canada, but wondered if we should supply a letter of intent to re-establish US domicile as a supplement to our I-129F petition? 

 

As I mentioned, his work permit is temporary (expiring June 2019) and he also still owns a home in the United States, maintains  US voter registration, drivers license and has a US bank account. Based on this we feel we have sufficient proof to show intent at the interview stage but are uncertain if it is prudent to also summarize this intent at the i-129F petitions stage as well. 

 

If there is anyone with experience with applying for a K1 while the US Citizen is living abroad we'd appreciate your input! 

[Nitas_man 3,100]

2 minutes ago, wordsfromdani said:

Hi All,

 

My partner (US Citizen) is currently living with me (Canadian Citizen) in Canada on a three-year temporary work permit.  We intend to submit our I-129F petition while we both still reside in Canada, but wondered if we should supply a letter of intent to re-establish US domicile as a supplement to our I-129F petition? 

 

As I mentioned, his work permit is temporary (expiring June 2019) and he also still owns a home in the United States, maintains  US voter registration, drivers license and has a US bank account. Based on this we feel we have sufficient proof to show intent at the interview stage but are uncertain if it is prudent to also summarize this intent at the i-129F petitions stage as well. 

 

If there is anyone with experience with applying for a K1 while the US Citizen is living abroad we'd appreciate your input! 

I was under the impression that Intent to domicile applies to spousal visas, not fiancé visas

[geowrian 22,338]

It applies for both, really. But it comes into play with the I-134/I-864, not with the underlying petition (I-129F/I-130).

[Nitas_man 3,100]

11 minutes ago, geowrian said:

It applies for both, really. But it comes into play with the I-134/I-864, not with the underlying petition (I-129F/I-130).

That's always a problem with returning to the US.

 

[JFH 12,191]

39 minutes ago, wordsfromdani said:

 

 

 

If there is anyone with experience with applying for a K1 while the US Citizen is living abroad we'd appreciate your input! 

Probably some, but not many as the K-1 doesn't make much sense in your situation. The K-1 is essentially a very expensive tourist visa that allows you to adjust to permanent residency if you marry the petitioner within 90 days. The main reasons people have for going down this path is because they can be together quicker and because they don't want to start married life apart - despite the fact that it's more expensive and means they have no real status here for many months. Neither applies to you if you marry now and file a CR-1. You are already together and will continue to be so. And you will not have to complete the adjustment process (another expensive process) and can begin life in the USA as a permanent resident immediately (so you will be able to work, drive, go back to Canada for a visit whenever you want). 

[NikLR 13,232]

I agree with JFH, you really should get married now and proceed with the CR1.  Doing the K1 when you live together is just not a good path unless you have some underlying reason for it that you're not sharing?

[Diane and Chris 651]

22 hours ago, Nitas_man said:

That's always a problem with returning to the US.

 

For who returning to the US?

[Nitas_man 3,100]

2 hours ago, Diane and Chris said:

For who returning to the US?

Expatriates

[Nitas_man 3,100]

On ‎8‎/‎2‎/‎2018 at 7:43 PM, Kumar01 said:

Domicile isn't required during the initial I-129F stage. The sponsor (whether your US fiance or a joint sponsor) must show domicile during the I-134 AOS. Your fiance's temporary visa to Canada can be used as one of the evidence that he intends to return to the US and thus is 'domiciled' here. There's plenty of other evidence. It'll come around for the I-134.

The I-134 has nothing to do with AOS.  Having filed a petition overseas domicile was pretty critical at the counter where I filed however the OP seems to have plenty of evidence that not only has he maintained US domicile he is based on his overseas temporary worker status on a temporary stay outside of the US.

OP -  I always put a cover letter summary on filed petitions with purpose and list of attachments.  Your case sounds pretty clear.  Make sure that a copy of the temporary work visa is attached to the package and a short half page summary of your overall situation and intent is on the front page. 

Edited August 4, 2018 by Nitas_man