Green card thru DCF, only stay in US <60 days per year

[OzgAW 0]

11 hours ago, JFH said:

How will get past the “intent to establish domicile” requirement? 

 

3 hours ago, geowrian said:

First issue would be showing US domicile or intent to establish domicile...since there is none here.

Second issue would be that the green card would be abandoned if the US is not your primary residence.

 

1 hour ago, Nitas_man said:

What kind of situation do you have back in the US?  Where’s your mail going?  What’s your drivers license say?  Are you on assignment with a US company?

Regarding establishing a domicile, I suppose I have two options: 

1. Rent an apartment or sublet a room.
2. Move back in with my parents. The only reason why I would do this is because my father is on disability, my mom works full-time, and we're contemplating bringing someone into the home anyway to help look after him.

One of our plans when we do go to the US is to begin looking for real estate we would eventually settle into, so our inital visits would be with the intention to establish a domicile - but this could happen in 1 year or 3 years as we're in no rush.

 

My parents live on the east coast, however my drivers license is in the mid-west. The address on my drivers license goes to a commercial mail receiving agent.

 

As for my "assignment" I own two companies, one in HK/China and one in the US. The US company is the oldest. Theoretically, I could assign myself back to the US, and even open an office there too.

 

[OzgAW 0]

28 minutes ago, geowrian said:

I think the lack of clarity on intent is because their other thread says:

"My wife and I have no intention of moving to the US at this time, however, we would love to go visit so we can spend time with family and she can decide if it would be best for us to live there in the future. "

 

One thread says there is no intent to live in the US at this time, but maybe in the future. This thread says they do plan on living in the US in a couple/few years.

We're faced with two options, neither of which would make sense to post in a single thread since they are different categories.

Option 1: Apply for a tourist visa so we can visit the US once or twice a year.

Option 2: Apply for a GC.

 

There are problems with both options, but that isn't stopping me from ending my search on both fronts.

 

As for a timeline, 2-3 more years in Asia, and then move back to the US.

[Nitas_man 3,100]

11 minutes ago, OzgAW said:

 

 

Regarding establishing a domicile, I suppose I have two options: 

1. Rent an apartment or sublet a room.
2. Move back in with my parents. The only reason why I would do this is because my father is on disability, my mom works full-time, and we're contemplating bringing someone into the home anyway to help look after him.

One of our plans when we do go to the US is to begin looking for real estate we would eventually settle into, so our inital visits would be with the intention to establish a domicile - but this could happen in 1 year or 3 years as we're in no rush.

 

My parents live on the east coast, however my drivers license is in the mid-west. The address on my drivers license goes to a commercial mail receiving agent.

 

As for my "assignment" I own two companies, one in HK/China and one in the US. The US company is the oldest. Theoretically, I could assign myself back to the US, and even open an office there too.

 

Our situation was pretty strong, in our case we shifted licenses, mail, bank accounts, car registrations, insurances, everything else over to my parents before we went overseas the first time and to my brother’s before we went overseas the second time.

Wife accompanied me as dependent/not allowed to work status.

We did not have a travel document under conditional card but did have one under 10-yr card.

Your ties seem to already be pretty robust.  You do know that you need to get her to the US, set up joint accounts, get her licensed, put her on insurance, and have her transfer her assets over at a minimum and it is best that she apply for and obtain a travel document which is a two year pass for her to remain with you.

In your situation I think you would be OK.   

Edited July 22, 2019 by Nitas_man

[OzgAW 0]

1 minute ago, Nitas_man said:

Your ties seem to be pretty robust.  You do know that you need to get her to the US, set up joint accounts, get her licensed, put her on insurance, and have her transfer her assets over at a minimum and it is best that she apply for and obtain a travel document which is a two year pass for her to remain with you.

In your situation I think you would be OK.   

Thanks, @Nitas_man, so if I understand correctly, first I would need to make an initial trip back to move my residence to my parents, as well as bank accounts and any other assets aligned with my parents address.

 

We go through the immigration process. Once my wife is in the US, she obtains a drivers license, moves her financial assets into a bank in the US, we setup joint bank accounts, and then for insurance, are you referring to health insurance, life, or another?

 

Regarding the need to her to obtain a travel document which has a two year pass, is this a reentry permit, or something else?

[Nitas_man 3,100]

22 minutes ago, OzgAW said:

Thanks, @Nitas_man, so if I understand correctly, first I would need to make an initial trip back to move my residence to my parents, as well as bank accounts and any other assets aligned with my parents address.

 

We go through the immigration process. Once my wife is in the US, she obtains a drivers license, moves her financial assets into a bank in the US, we setup joint bank accounts, and then for insurance, are you referring to health insurance, life, or another?

 

Regarding the need to her to obtain a travel document which has a two year pass, is this a reentry permit, or something else?

The requirement is “intent to domicile”.  You just need to intend to move your address to your parents but you can plan to actually do it after you accompany her to the US.

 

She obtains a SS card then drivers license, you joint her financially (bank/CC), add her to insurance.  All insurance.  Car, life, health, dental, vision, everything.  Add her to your US cell plan and anything else you have.

 

After SS card then she can also do her own banking / move assets.  Keep in mind:  joint assets are (one) strong indicator of marriage validity and if she is checked the location of her assets is linked to strength of ties.

 

Travel document info: https://www.uscis.gov/i-131  

 

She applies, gets a biometrics date, takes biometrics, then she can leave and rejoin you.  The travel

document can be sent to the nearest consulate or embassy, just mark that on the form.

 

We did it, but it isn’t cheap.  I kept a lot of ties there that we neither benefitted from nor used but I wanted to make sure that if audited (and our situation was when she applied for Returning Resident (special immigrant) we could demonstrate that although overseas she did not and never intended to abandon residency.

 

Also:  her income adds to yours for taxes.  Didn’t affect us, wife wasn’t allowed to work.  Might affect you.

 

 

Edited July 22, 2019 by Nitas_man

[OzgAW 0]

Thank you @Nitas_man, this is all clear and sounds like it is the most viable route for us to go.