Jump to content
Fullbien

Question about Domicile & Visa Abroad

By Fullbien in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

7 posts in this topic

Recommended Posts

Fullbien Contributor

Fullbien   11

Posted
Timeline
Posted

Hi All! I have a question about domicile (I am USC, we're doing the CR-1 for my spouse, at the NVC stage). I am currently living abroad with my spouse, and our process/lives have been upended by COVID much like the rest of you I'm sure. I am here on a "professional visa" which expires in November. The plan was for us to be in the states before my visa was up, so this should have been a non-issue, but the embassy here has been closed since March, no idea when it will open again, and I do not expect to be out of here before 2021 anymore (even if they were to miraculously open and give us a visa appointment, inter-provincial travel is not allowed at the moment so we couldn't even get to the consulate 🙃). From what I have heard from local lawyers, since I have had this "temporary resident" professional visa for 2 years, the next step is to get a "permanent resident" visa, and it is unclear whether I can just extend my visa and remain a "temporary resident", but it seems that it may not be an option. I need a valid visa for work (so I can't just leave and come back on a tourist visa to buy a few more months). 

My question is the following: If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband? I have a bank account in the states, requested absentee ballot for 2020 general election, and have a valid US drivers license. I honestly have no interest in being a permanent resident here, and I'm not sure how the US govt would even know, but I really just want to be able to stay with my husband and stay employed for as long as it takes for us to go through this process. I don't want to make a hasty decision that could adversely affect us in the future.


Any thoughts/experiences are welcome. Thanks!

Link to comment
Share on other sites
Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

As long as you can show sufficient evidence of your intent to reestablish US residency you will be fine.

Consider - Even if you HAD actually been a permanent resident all along, you would still be able to get the spousal visa as long as you convince them that you intend to reestablish US domicile (all other issues being fine).

 

(We went through something similar in the Phils a few years ago.)

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,857

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
26 minutes ago, Fullbien said:

If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband?

I see no issue.  You have to provide evidence of domicile or intent re-establish domicile......

"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.. 
 

Link to comment
Share on other sites
Dashinka Grand Master

Dashinka   24,499

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Proving your intent to establish domicile back in the US is fairly easy, and having a PR status in another country should not impact it.  Here is a helpful link for when it is time to show the CO your intentions.

 

https://citizenpath.com/faq/sample-declaration-reestablish-us-domicile/

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites
Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

A petitioner having permanent residence elsewhere isn't an issue.  I was the petitioner, had residency in Mexico, and we interviewed in Mexico.  If the residency is truly temporary you shouldn't have any issues.

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

Link to comment
Share on other sites
DSB27 Apprentice

DSB27   13

Posted
Country: New Zealand
 Timeline
Posted
On 8/5/2020 at 2:18 AM, Fullbien said:

Hi All! I have a question about domicile (I am USC, we're doing the CR-1 for my spouse, at the NVC stage). I am currently living abroad with my spouse, and our process/lives have been upended by COVID much like the rest of you I'm sure. I am here on a "professional visa" which expires in November. The plan was for us to be in the states before my visa was up, so this should have been a non-issue, but the embassy here has been closed since March, no idea when it will open again, and I do not expect to be out of here before 2021 anymore (even if they were to miraculously open and give us a visa appointment, inter-provincial travel is not allowed at the moment so we couldn't even get to the consulate 🙃). From what I have heard from local lawyers, since I have had this "temporary resident" professional visa for 2 years, the next step is to get a "permanent resident" visa, and it is unclear whether I can just extend my visa and remain a "temporary resident", but it seems that it may not be an option. I need a valid visa for work (so I can't just leave and come back on a tourist visa to buy a few more months). 

My question is the following: If I were to get a "permanent resident" visa here, is it likely to count against my claim of US domicile, and affect our US visa process for my husband? I have a bank account in the states, requested absentee ballot for 2020 general election, and have a valid US drivers license. I honestly have no interest in being a permanent resident here, and I'm not sure how the US govt would even know, but I really just want to be able to stay with my husband and stay employed for as long as it takes for us to go through this process. I don't want to make a hasty decision that could adversely affect us in the future.


Any thoughts/experiences are welcome. Thanks!

My wife was a permanent resident in New Zealand, we both live here, and her claim to US domicile was accepted, so I don't think it necessarily counts against you.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...