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anixryan

Petitioner with residence in another country

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Hi everyone,

We are still waiting on our DQ email, but we got a message saying my husband(petitioner) was not domiciled in the US. I was super upset with my lawyer because I sent him that information months prior. When he submitted the domicile documents, he submitted my husband's temporary Residency card from my home country Nicaragua (where we both live together until I get approved) We are more than capable of proving he will return to the US with me. We have a lease, US bank accounts, Us credit cards, taxes for the last 3 years with US address, and he already works for a US company - remotely for now. He visits the US at least once a year for a month.

Does anyone know if this is a problem as far as proving domicile? I haven't been able to get a straight answer from my lawyer and this worries me.

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3 minutes ago, anixryan said:

we got a message saying my husband(petitioner) was not domiciled in the US

This is just a statement of fact and has nothing to do with the attorney.  When you go for the interview, take that proof along with proof that he intends to re-establish domicile.  It is also a good idea if he can go wait for you at the consulate.   When Mary interviewed they asked me to come in and confirmed our plans to move back to the US together.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: AOS (apr) Country: Philippines
Timeline
6 minutes ago, anixryan said:

Hi everyone,

We are still waiting on our DQ email, but we got a message saying my husband(petitioner) was not domiciled in the US. I was super upset with my lawyer because I sent him that information months prior. When he submitted the domicile documents, he submitted my husband's temporary Residency card from my home country Nicaragua (where we both live together until I get approved) We are more than capable of proving he will return to the US with me. We have a lease, US bank accounts, Us credit cards, taxes for the last 3 years with US address, and he already works for a US company - remotely for now. He visits the US at least once a year for a month.

Does anyone know if this is a problem as far as proving domicile? I haven't been able to get a straight answer from my lawyer and this worries me.

Nothing to worry about.  Get the evidence submitted. 

YMMV

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Filed: Citizen (apr) Country: Taiwan
Timeline
10 minutes ago, anixryan said:

We have a lease, US bank accounts, Us credit cards, taxes for the last 3 years with US address,

That is solid evidence...Take those to the interview.....

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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This got me to thinking about our case too. My husband and I live in the Philippines. We work in the same organization, which is an international public organization in which the US participates. He is here on a diplomatic visa. He currently doesn't own a property in the US (he was renting an apartment prior to coming here as he lived alone). We are looking into submitting the I-130 tomorrow. Would this issue on non-residence in the US be a problem?

 

Some notes:

1. If I am an LPR at this time, the US residence requirement for me would be waived pursuant to section 319 (b) of the INA. I don't know if this has any bearing with his current non-domicile in the US (but I would think it should).

2. We will write his parents' address on the field where I intend to live in the US (side note, my sister is an LPR and she can take me in too).

3. My husband is actively seeking employment in the US, as he wants to go back there.

3. My husband maintains a US mailing address under a service he pays for every year but he never lived in that address and never would.

 

Any thoughts? 

I-130                                                                                   

23 Aug 2020: Filed I-130 online                                         
21 Oct 2020: I-130 approval                              

25 May 2021: Interview

5 June 2021: Entered the US

 

I-751

31 Mar 2023: Filed at Elgin lockbox

 

N-400             

9 Mar 2024: Filed online

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5 hours ago, angeljolie said:

Would this issue on non-residence in the US be a problem?

Not an issue in and of itself.   

 

Good news is if the has an US diplomatic or official passport his domicile isn't an issue.

 

For others with just a regular passport the key is maintained domicile or intent to re-establish domicile.  I have property in Mexico and also have Mexican Permanent Residency.  We filed and interviewed from Mexico.  I was able to show that I maintained my domicile by showing taxes, insurance, utilities, car and drivers licences, hoa bill, and property titles, etc.   In the interview we were asked about our plans to the US to live.  "We will just drive back to Arizona" was accepted.

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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On 7/23/2020 at 10:46 PM, Paul & Mary said:

Not an issue in and of itself.   

 

Good news is if the has an US diplomatic or official passport his domicile isn't an issue.

 

For others with just a regular passport the key is maintained domicile or intent to re-establish domicile.  I have property in Mexico and also have Mexican Permanent Residency.  We filed and interviewed from Mexico.  I was able to show that I maintained my domicile by showing taxes, insurance, utilities, car and drivers licences, hoa bill, and property titles, etc.   In the interview we were asked about our plans to the US to live.  "We will just drive back to Arizona" was accepted.

 

 

Thank you! You are always very helpful. :)

I-130                                                                                   

23 Aug 2020: Filed I-130 online                                         
21 Oct 2020: I-130 approval                              

25 May 2021: Interview

5 June 2021: Entered the US

 

I-751

31 Mar 2023: Filed at Elgin lockbox

 

N-400             

9 Mar 2024: Filed online

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