Spouse moving while waiting on the CR1

[geowrian 22,337]

Domicile is where you actually live without regard to intent.

If I had an immigrant visa and used that to travel tomorrow, my domicile in the US would typically expire that same day as I no longer actually live there.

A student could be studying abroad for years with minimal travel to the US and still maintain US domicile.

It really depends on the specifics of one's case, not just the time abroad.

 

1 minute ago, Chancy said:

US citizens can live abroad for years without returning to the US, yet still maintain domicile in the US by paying taxes, voting, keeping US bank accounts, etc.  Many VJ members have done so and successfully sponsored their family members for US immigration.

More precisely, in most of those cases the individuals would show intent to re-establish domicile, not actual domicile.

Filing taxes is required regardless of domicile. Voting is an option/duty regardless of where you actually live. Where I put my money doesn't dictate where I live. They can - together...and especially if they are recent changes - show that I intend to return to the US.

[Chancy 6,241]

4 minutes ago, geowrian said:

A student could be studying abroad for years with minimal travel to the US and still maintain US domicile.

It really depends on the specifics of one's case, not just the time abroad.

 

Yup, I was referring to the cases where the US citizen petitioner lived abroad temporarily.  For the OP's reference, here's the official guidance --

 

Can a sponsor maintain U.S. domicile while living abroad temporarily?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

 

[stech786 236]

12 minutes ago, Chancy said:

 

US citizens can live abroad for years without returning to the US, yet still maintain domicile in the US by paying taxes, voting, keeping US bank accounts, etc.  Many VJ members have done so and successfully sponsored their family members for US immigration.

 

Thanks, got it now. The OP should do that. instead out waiting out 2 yrs and finding this our later 

 

 

 

 

 

[Cdnusagurl 22]

On 9/16/2020 at 12:03 PM, JFH said:

I assume she is planning on moving back to the US? She can certainly file whilst living in another country but Montreal is super hot on the domicile Intention part. You might want to browse the Canada sub-forum here to see the hoops that USCs living in Canada have had to jump through at the Montreal embassy when it comes to demonstrating the intent to re-establish domicile. 

This. I mean I'm a permanent resident of Canada and have been for the past 7 years. However, when my husband and I first started looking into moving to the US together it became pretty evident really quickly that Montreal wants the US petitioner to be in the US before they give out a visa. Being a part is really hard (I haven't seen my husband in person since March, and we had to cancel his trip here in October due to COVID), so I get that. However, sometimes you have to make sacrifices to get what you desire.