IR-1 for my spouse through the DCF process

[rashopranu 2]

Hi guys , I’m looking to apply for an IR-1 for my spouse through the DCF process and would really appreciate it if you could guide me in the right direction and let me know if I am eligible for the DCF process.

 

I am an American citizen of Indian origin (holding American passport and OCI card). I shifted from the US to India in the year 1999 and I have done the majority of my schooling and college in India. I also worked in India from 2014-2017.

 

I got married to an Indian citizen in 2017 and was temporarily living in Australia (June 2017- Nov 2018) and came back to India in Nov 2018. It has been 9 months since I returned and I have been working in India for the past 3 months.

 

So basically I have lived in India for more than 18 years and now I am looking to move back to the US with my husband.

 

My brother has been living in the US for the past 5-6 years and he will be my joint sponsor.

 

Questions:

1. Am I eligible to file a IR-1 for my husband through the DCF process in India?

2. What should I do to establish U.S domicile 

Edited September 9, 2019 by rashopranu

[Nitas_man 3,100]

1.  You probably are

2.  Assuming you’ve been filing taxes all this time moving assets, setting up a US bank account, getting a drivers license, registering to vote, and seeking employment are all ways to establish intent to domicile.

[rashopranu 2]

3 hours ago, Nitas_man said:

1.  You probably are

2.  Assuming you’ve been filing taxes all this time moving assets, setting up a US bank account, getting a drivers license, registering to vote, and seeking employment are all ways to establish intent to domicile.

Is it one of the above mentioned or more than 1 actions to establish my domicile ?

[payxibka 10,047]

https://www.uscis.gov/about-us/find-uscis-office/international-offices/india-uscis-new-delhi-field-office

[Nitas_man 3,100]

1 hour ago, rashopranu said:

Is it one of the above mentioned or more than 1 actions to establish my domicile ?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

Read the section “how can a petitioner establish domicile” - under “what does domicile mean”

[Nitas_man 3,100]

6 hours ago, rashopranu said:

Is it one of the above mentioned or more than 1 actions to establish my domicile ?

The above mentioned is the minimum I believe.  You have a big hurdle to overcome.  I was out 4 years, got grilled, and I had a drivers license, bank, credit cards, and 2 vehicles registered.  They might want to see you establish an address.