Living Abroad together - will we be REJECTED?

[twentyone21 0]

Hello

 

My US citizen spouse and I have been living abroad together in various countries for the past three years. She has not lived in the US for the past five years; after receiving a scholarship to study in Europe and then because we wanted to be together -->> so we moved to countries where we could both stay.

 

We have had enough of living out of our suitcases around the world though, and are both ready to move permanently to the US and are about to submit an I-130 petition. I understand that we will have to provide proof of domicile in the US when submitting the I-864 to the NVC.

 

My question is though:  Is it worth including a letter of explanation with the initial I-130 package?

        I.E.   --> explaining our intentions to move to the US as soon as my green card is granted and why she has not been living in the US.

 

I know it would be easiest if my spouse moved back to the US alone, while we waited, but we naturally do not want to be apart for up six to twelve months. 

 

Thank you!

[Roel 7,193]

Your spouse needs an intent to establish domicile or domicile in the US. Lined up jobs, house lease, filled taxes (mandatory), etc, solid stuff like that. 

 

Letter with explanation - might - be enough but also might be not. What then? Do you have plan B?

 

It might be shocking but no one wants to be separated from their loved ones, but it is part of the immigration journey most of the time. 

[millefleur 5,047]

Search VJ for "re-establish domicile" and you will find many helpful threads on this topic. I'm a USC and had to go through this when I lived abroad with my husband. I didn't have a job lined up, but I provided a ton of other evidence as well as a letter of explanation.

 

55 minutes ago, twentyone21 said:

My question is though:  Is it worth including a letter of explanation with the initial I-130 package? 

        I.E.   --> explaining our intentions to move to the US as soon as my green card is granted and why she has not been living in the US.

You can include this in your I-30 cove letter, i.e. an explanation. Actual proof of domicile will not be necessary until NVC stage (after the I-30 is approved.)

[nastra30 2,359]

Hopefully, your wife filed her taxes for those five years?

[JFH 12,191]

2 hours ago, twentyone21 said:

 

        I.E.   --> explaining our intentions to move to the US as soon as my green card is granted

You will actually be granted an immigrant visa, not a green card. Terminology matters in this game. 

 

She doesn’t have to explain why she has been out of the country, that’s no one’s business but her own. But she must demonstrate intent to re-establish domicile and that she has been maintaining her obligations as a USC with regards to tax filing unless she has been under the income threshold. 

 

Not one one of us enjoys or enjoyed the separation. I can assure you I do not love my husband any less than you love your wife and we survived the separation. No one has yet died from being apart during the visa process. You don’t have to be apart for the entire time even if she does move back. You can still visit each other. After so long away from the country it might be wise for her to move back a month or so ahead of you to get a place to live organized and start job hunting, get a vehicle, etc. 

[EMMO 2]

Hi @twentyone21,

My Wife (US Citizen) and I are in the same situation. I am Indian, and we currently live in Myanmar. Indonesia and Uganda before that.

 

We are currently at NVC stage, and all our documents have been accepted. They asked us to provide her current job contract yesterday, which we did.

 

I130 and I130A Process -

Make sure you have all proofs ready, like photos together to show the development of the relationship, whatsapp/facebook chats, passport stamps of being in the same country at the same time of travel, flight stubs corresponding to those travels, and lease agreements with names on them together, joint bank accounts etc. you ll find the list of all that is needed in the guides tab up on the page

 

NVC Stage 

- Tax Transcripts for all year, more importantly last 3 years would be needed – whenever you get here

- line up a Joint Sponsor if the job from the same source will not continue

 

For the Beneficiary – Get Police Clearance certificates of all countries you have lived in since the age of 16 for more than 6 months (this will be needed when your case gets accepted to NVC as the validity for PCC is in some cases 6 months)

 

Domicile

- We sent job applications and interview emails, letter from my in-laws saying we will stay with them, valid driver’s license, valid voting registration, range of credit card letters showing US address, bank account maintenance – They have all been accepted

- We also wrote a letter of intent to re-establish domicile (if you search on Visa Journey you ll find it)

 

Cheers

[NikLR 13,232]

Domicile isnt an issue with thr I-130.  Its about 6 months (or so) later at the NVC and then decided at interview.  Sponsorship is also an issue at that time.  

[gonzolux 82]

I haven't lived in the US in 2.5 years, so this kind of thing worries me a bit too. But until Nov 2018, I was a Peace Corps Volunteer (which is a US government program). I have remained in country with my husband for another now six months after I finished the Peace Corps (again US gov't program). My permanent residence and bank account are in the US. My mail still goes there. We filed our I-130 in June 2018 when I was a Peace Corps Volunteer and explained that in our petition. Should I be worried? Should I go back to the US after our I-130 is approved and find a job/establish a new domicile separate from parents (yes we are still waiting, cheers Nebraska!)?