Does it affect my spouse's application if I am go abroad and work there?

[guestOfTheYear 0]

I am a U.S Citizen. I got relocation offer to work for 2 years in Scottland. I will still be paying tax to U.S government although I work in Scotland for this company. I have filed I-130 for my spouse and it's been 4 months. If I relocate now, i.e. before my spouse's application is completed and before my spouse arrives here, will it affect the application and visa process?

[aaron2020 11,651]

Yes, it will affect the case.  For the I-864, you are required to be domiciled in the US.

By living abroad, your spouse's case will end in a denial. 

[geowrian 22,338]

There’s no basis to immigrate To the US based on a family member that will be living abroad. The petition can proceed as-is and you can hold things up at NVC for a while...likely until you are ready to return to the US.

[guestOfTheYear 0]

16 minutes ago, aaron2020 said:

Yes, it will affect the case.  For the I-864, you are required to be domiciled in the US.

By living abroad, your spouse's case will end in a denial. 

Thank you for the information. I checked the instruction to file I-864 and it is true that I am required to be domiciled in the US, but looks like as I will be paying tax to U.S. govt and it's for temporary period of time (only 2 years), I am considered as domiciled in U.S. It is stated like this:-

Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you
plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but
your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence
indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the
domicile requirement if you can submit evidence to establish that any of the following conditions apply:
1. You are employed by a certain organization.
Some individuals employed overseas are automatically considered as domiciled in the United States because of the
nature of their employment. The qualifying types of employment include employment by:
A. The U.S. Government;
B. An American institution of research recognized by the Secretary of Homeland Security (you may find the list of
qualifying institutions at 8 CFR 316.20);
C. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the
United States, or a subsidiary of such a firm or corporation;
D. A public international organization in which the United States participates by treaty or statute;
E. A religious denomination having a bona fide organization in the United States, if the employment abroad involves
the person’s performance of priestly or ministerial functions on behalf of the denomination; or
F. A religious denomination or interdenominational missionary organization having a bona fide organization in the
United States, if the person is engaged solely as a missionary.
2. You are living abroad temporarily.
If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that
you have maintained your domicile in the United States. Examples of proof include:
A. Your voting record in the United States;
B. Records of paying U.S. state or local taxes;
Form I-864 Instructions 03/06/18 Page 6 of 17
C. Having property in the United States;
D. Maintaining bank or investment accounts in the United States;
E. Having a permanent mailing address in the United States; or
F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a
temporary stay.
3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending
immigrant’s admission or adjustment of status.

My only fear is would it make the whole application process longer or more hectic.

[guestOfTheYear 0]

5 minutes ago, geowrian said:

There’s no basis to immigrate To the US based on a family member that will be living abroad. The petition can proceed as-is and you can hold things up at NVC for a while...likely until you are ready to return to the US.

Thank you for replying.

I checked the instruction on I-864, and they said if I can prove that I am domiciled here in U.S. although I work abroad, then the application is eligible to proceed forward. As I will be paying tax to U.S. govt and it is only for 2 years, I am guessing I am eligible to be considered as domiciled in U.S. category. 

It might affect the timeline of the whole process though.

Edited November 25, 2019 by guestOfTheYear

[Nitas_man 3,100]

38 minutes ago, guestOfTheYear said:

I am a U.S Citizen. I got relocation offer to work for 2 years in Scottland. I will still be paying tax to U.S government although I work in Scotland for this company. I have filed I-130 for my spouse and it's been 4 months. If I relocate now, i.e. before my spouse's application is completed and before my spouse arrives here, will it affect the application and visa process?

The requirement is for the petitioner to return to and reside in the US before or with the beneficiary.

See #3 on your previous post

Everyone working overseas pays taxes

Edited November 25, 2019 by Nitas_man

[Nitas_man 3,100]

13 minutes ago, guestOfTheYear said:

Thank you for replying.

I checked the instruction on I-864, and they said if I can prove that I am domiciled here in U.S. although I work abroad, then the application is eligible to proceed forward. As I will be paying tax to U.S. govt and it is only for 2 years, I am guessing I am eligible to be considered as domiciled in U.S. category. 

It might affect the timeline of the whole process though.

It depends.  Will you be working for the same company when you return?  If so it complicates the support affidavit as overseas income that will not continue when you return to the US is counted as (zero) for immigration purposes.

You sure this is the right time to take an expat gig?

[geowrian 22,338]

29 minutes ago, guestOfTheYear said:

Thank you for replying.

I checked the instruction on I-864, and they said if I can prove that I am domiciled here in U.S. although I work abroad, then the application is eligible to proceed forward. As I will be paying tax to U.S. govt and it is only for 2 years, I am guessing I am eligible to be considered as domiciled in U.S. category. 

It might affect the timeline of the whole process though.

You cannot be domiciled in the US and living abroad (Edit: Well, there are very limited circumstances where you can...but that does not appear to apply here). Domicile, as far as used within the INA, is where you lay your head more often than not without regard to intent. See the FAM: https://fam.state.gov/fam/09fam/09fam030208.html#M302_8_2_C_5

 

For I-864 purposes, you can either be domiciled in the US or show sufficient intent to establish US domicile prior to the beneficiary entering the US. You cannot be actually living abroad with plans to remain living abroad. You can proceed once you are ready to return to the US.

What you're expecting/planning doesn't make sense - the purpose of the CR-1/IR-1 visa is for family reunification in the US. That has no role until you are ready to live in the US.

Edited November 25, 2019 by geowrian

[LilyJ 1,258]

47 minutes ago, guestOfTheYear said:

B. Records of paying U.S. state or local taxes;

Notice it says state & local taxes, not federal taxes. Everyone must file federal taxes whether in the US or not, federal taxes do not count for proof of domicile, only the aforementioned state & local taxes. As Nitas_man and geowrian already pointed out, the I864 also states you MUST return to the US before or at the same time as your spouse, you cannot hang back abroad while your spouse immigrates to the US without you. You either can take the relocation and drag your feet at NVC for the next 2 years until you're ready to come back to the US, see if your company can hold off until after the process is complete to relocate you (if you would still even want to take it after your spouse is already here), or not take the relocation at all

[Boiler 46,322]

Hopefully the job comes with tax filing advice, your US tax bill should be nominal at worst.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.