how can you show proof of living together if you also have to show residency in the United States?

[sarabou17 36]

I really hope I can ask this question correctly!  So on the list of proof of a bona fide marriage on the I-130 application, the second item is "a lease showing joint tenancy of a common residence, meaning you both live at the same address together".  At the same time, I understand that some people who were living overseas with their spouse and returned to the US just before their spouse's interview got in trouble because they couldn't demonstrate an established residency in the U.S..  So how can I both live overseas with my husband and show residency in the US?  Is this only for couples who already both live in the US (like maybe the spouse has a student visa or something)?  Or is it that you should live together overseas for some time before applying for the CR1 visa, but then as soon as you start the application, move back to the US?  Does that make sense?

[Crazy Cat 41,888]

Some US citizens move back to the US first, and take actions to establish domicile.  Others show evidence that they intend to establish domicile in the US.  

 

https://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html

 

"If you are a U.S. citizen domiciled abroad, you may still be allowed to file a Form I-864 if you intend to establish a domicile in the U.S. in the future; either before or at the time of your beneficiary’s arrival in the United States. Evidence of such intent would include proof that you have taken concrete steps towards leaving the foreign country to move permanently to the U.S., such as correspondence with U.S. landlords, resignation from your foreign job and application to jobs in the U.S., initiation of a business in the U.S., closing of accounts with foreign institutions and opening of accounts with U.S. institutions, and so on."

[JeanneAdil 6,511]

My understanding is the I 130 form is also used when a person is here in USA and is adjusting status so showing you are applying for a nonresident alien for spousal visa you don't have a joint lease as you're not living together in the USA

and no,  you don't have to live together in his country

[Chancy 6,241]

13 hours ago, sarabou17 said:

So on the list of proof of a bona fide marriage on the I-130 application, the second item is "a lease showing joint tenancy of a common residence, meaning you both live at the same address together".

 

Joint tenancy is not a requirement.  It is just one example of the evidence you may submit.  Couples who have always lived in different countries obviously would not be able to submit such a document.

 

13 hours ago, sarabou17 said:

So how can I both live overseas with my husband and show residency in the US?

 

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

 

Note also that you do not need to prove US domicile at the petition stage.  You'll only need to provide evidence of US domicile (or intent to establish domicile) at NVC stage, which comes after the petition is approved.

 

Edited January 29, 2021 by Chancy

[pushbrk 12,898]

9 hours ago, Chancy said:

 

Joint tenancy is not a requirement.  It is just one example of the evidence you may submit.  Couples who have always lived in different countries obviously would not be able to submit such a document.

 

 

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

 

Note also that you do not need to prove US domicile at the petition stage.  You'll only need to provide evidence of US domicile (or intent to establish domicile) at NVC stage, which comes after the petition is approved.

 

Seconding the above.  Examples are not requirements.  Number 1 principle is to tell the truth,