Filing CR1/IR1 outside of US

[amanda&mullins 0]

Hi! I am a US citizen and my fiance is a UK resident.

 

My fiance and I are planning to utilize the fiance visa process in the UK and live in Scotland for a bit. Our end goal is to move back to the US permanently within the next ~5 years. I am aware that the DCF process will likely no longer be an option for us. Does anyone know if there will be a problem filing out IR1/CR1 application from the UK while we are both living/working here in the UK? Even after meeting with an immigration lawyer I still have several questions...

 

My parents are able to sign the affidavit of support - will I (as the sponsor) still need to establish domicile in the US? Or is it perfectly fine for me to be living in the UK until my husband's (once we are married in the UK) green card application is approved? Has anyone been through this process before - aka marrying in a foreign country and remaining there while applying for their spouse's green card? 

 

Are we legally allowed to travel to the US to visit my family during the IR1/CR1 process? We are assuming it'll take at least 12 months and will definitely want to visit in that time. 

[USS_Voyager 1,972]

7 minutes ago, amanda&mullins said:

Does anyone know if there will be a problem filing out IR1/CR1 application from the UK while we are both living/working here in the UK?

There is no problem. One requirements is the US citizen must have "domicile or intent to have domicile" in the US. Generally, practically, you file the I-130, it'll be 8-12 months until it's approved. Then the US citizen moves back to the US in advance to satisfy the domicile issue and on a practical level, getting things established like get housing, sign a lease, get a job, bank accounts, ... while waiting for the rest of the consular process to play out, which would be another 3-5 months. 

Edited January 7, 2020 by USS_Voyager

[Crazy Cat 42,545]

Yes, you can file while living abroad.  But you will have to either establish domicile or show sufficient evidence of intent to re-establish domicile in the US. Yes, your husband can travel to the US provided he has valid ESTA, or other valid entry authorization AND he can convince the CBP officer that he will return to UK after the short visit.  He should be prepared to demonstrate strong ties to the UK.

[USS_Voyager 1,972]

8 minutes ago, amanda&mullins said:

My parents are able to sign the affidavit of support - will I (as the sponsor) still need to establish domicile in the US?

Yes. See above. 

 

11 minutes ago, amanda&mullins said:

Has anyone been through this process before - aka marrying in a foreign country and remaining there while applying for their spouse's green card? 

Of course, people do this all the time

 

11 minutes ago, amanda&mullins said:

Are we legally allowed to travel to the US to visit my family during the IR1/CR1 process?

Yes, however, he needs to be able to prove that he will leave the US after the short visit, and not stay in the US to adjust status. 

[Wuozopo 4,293]

2 hours ago, amanda&mullins said:

My parents are able to sign the affidavit of support - will I (as the sponsor) still need to establish domicile in the US?

Are you currently in the US?  If so keep your bank account, renew your driver's license if it comes due, maintain voter registration, and things like that to show you kept your domicile in the US while you had residence in the UK. You do not have to return to the US 3-5 months before your spouse if you maintain domicile or even if you don't.  London interviewers in the past have not had much difficulty showing intent to reestablish domicile by providing correspondence with apartment locators, or schools if they have kids, or job seeking efforts.

 

From the Dept of State:

A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply:

• The sponsor is employed by a certain organization. 
• The sponsor is living abroad temporarily and has maintained his or her domicile in the United States.
• The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States.

Edited January 7, 2020 by Wuozopo