Residency Requirements Spouse Visa

[visa_noob 0]

Hello everyone, new to the forums. So my situation is that I will be filing a new petition for my spouse in Pakistan, but currently I'm out of work and have received offer for contract work in Kuwait for a US based company. I will be paying both federal and state taxes based on home of record state rate. so my question is does the visa process require me to maintain residency and occupation within the US while completing the process for visa?

[Chancy 6,243]

27 minutes ago, visa_noob said:

does the visa process require me to maintain residency and occupation within the US while completing the process for visa?

 

The domicile requirement comes into play only after the petition has been approved by USCIS.  So fIle the petition as soon as possible, even while you are out of work or outside the US.

 

Also, depending on whether the company qualifies, your employment abroad may be considered as being domiciled in the US -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos21

 

[visa_noob 0]

21 hours ago, Chancy said:

 

The domicile requirement comes into play only after the petition has been approved by USCIS.  So fIle the petition as soon as possible, even while you are out of work or outside the US.

 

Also, depending on whether the company qualifies, your employment abroad may be considered as being domiciled in the US -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos21

 

Thank you so much for the info. From the info. in the link it seems that as long as the visit is only temporary and I continue to fulfill tax and residence requirements I should still be able to continue the process even after the USCIS petition. Just to confirm if I can show that I am still paying taxes and that the contract with this employer is only temporary and I have investments in the US, I still fulfill the domicile requirements right?

Edited February 21, 2021 by visa_noob