Spouse of Military member-proving domicile

[Delarose 0]

My visa petition has been accepted and I have filed everything requested as well as additional documents as requested with the exception of one.  Currently my spouse and I live in Germany while he completes his time with the Reserves.  Immigration is wanting proof of domicile in the United States.  We of course have an American address on record however, I came directly to Germany to join my husband and therefore do not have any paperwork to definitively prove I am domiciled in the U.S.  How do military spouses prove domicile in the U.S. when they move directly to a foreign country to be with their spouses? 

 

Also, I have been told that I can receive a green card during this process however, I have not seen anything to that affect.  I feel like my progress on my file was going well until now and I am a bit lost.  This time the NVC has not been helpful; their reply to my email (similar wording as above simply stated I need to file the appropriate paperwork). 

 

Thank you.

[SalishSea 17,970]

1 hour ago, Delarose said:

My visa petition has been accepted and I have filed everything requested as well as additional documents as requested with the exception of one.  Currently my spouse and I live in Germany while he completes his time with the Reserves.  Immigration is wanting proof of domicile in the United States.  We of course have an American address on record however, I came directly to Germany to join my husband and therefore do not have any paperwork to definitively prove I am domiciled in the U.S.  How do military spouses prove domicile in the U.S. when they move directly to a foreign country to be with their spouses? 

 

Also, I have been told that I can receive a green card during this process however, I have not seen anything to that affect.  I feel like my progress on my file was going well until now and I am a bit lost.  This time the NVC has not been helpful; their reply to my email (similar wording as above simply stated I need to file the appropriate paperwork). 

 

Thank you.

If your petition has been filed, that is the path to a green card......

[TBoneTX 45,593]

Thread is moved from the K-3 Process forum to the Military Discussion forum.

[Letspaintcookies 2,310]

The USC has to prove domicile in the US or at least intend to relocate not the foreign spouse.

[seekingthetruth 1,248]

On 8/11/2021 at 1:40 AM, Delarose said:

My visa petition has been accepted and I have filed everything requested as well as additional documents as requested with the exception of one.  Currently my spouse and I live in Germany while he completes his time with the Reserves.  Immigration is wanting proof of domicile in the United States.  We of course have an American address on record however, I came directly to Germany to join my husband and therefore do not have any paperwork to definitively prove I am domiciled in the U.S.  How do military spouses prove domicile in the U.S. when they move directly to a foreign country to be with their spouses? 

 

Also, I have been told that I can receive a green card during this process however, I have not seen anything to that affect.  I feel like my progress on my file was going well until now and I am a bit lost.  This time the NVC has not been helpful; their reply to my email (similar wording as above simply stated I need to file the appropriate paperwork). 

 

Thank you.

To be clear, your spouse is in the U.S. military reserves?  How long will he be in Germany.

 

There are special plans for military members.  You may qualify.

 

https://www.uscis.gov/military/citizenship-for-military-family-members

 

A friend who connected to the military got his wife her green card, and they never domiciled in the U.S.

[Chancy 6,242]

On 8/12/2021 at 9:12 AM, seekingthetruth said:

A friend who connected to the military got his wife her green card, and they never domiciled in the U.S.

 

If your friend was stationed at a military base overseas, wasn't he actually considered domiciled in the US?

 

"A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: [...]  Employment temporarily stationed abroad with the U.S. government." -- https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos21

 

I'm actually curious about whether the wife needed to enter the US, even for a day, to become an LPR.  I've yet to google any exception to the requirement to be admitted to the US in order to gain LPR status.

 

Edited August 13, 2021 by Chancy
clarification

[seekingthetruth 1,248]

12 minutes ago, Chancy said:

 

If your friend was stationed at a military base overseas, wasn't he actually considered domiciled in the US?

 

"A U.S. citizen who is living abroad temporarily is considered to be domiciled in the United States if the citizen is employed by certain organizations, including: [...]  Employment temporarily stationed abroad with the U.S. government." -- https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos21

 

I'm actually curious about whether the wife needed to enter the US, even for a day, to become an LPR.  I've yet to google any exception to the requirement to be admitted to the US in order to gain LPR status.

 

This was about 6-7 years ago.  He is not even directly in the military anymore.  He is a contractor.  They have a house here in Subic and then he got a U.S. military job in Bahrain, now in Japan.  He has not been able to travel here for over a year to see his wife and twin girls.

 

Now that you mention it, they did travel to the U.S. and he had mentioned it had something to do with her visa and green card.

[Letspaintcookies 2,310]

My question remains, why does the foreign spouse needs to show proof of domicile in the US in order to get her spouse visa?

If it's for the husband that's easy enough if he's in the military. He probably still has bank accounts, drivers license and stuff and his orders should be fine showing his move is only temporary. 

The only other thing I can think of what NVC wants is proof that OP is legally in Germany in order to do her interview there. But then she doesn't need proof of US domicile but a visa in her passport for Germany.

Edited August 13, 2021 by Letspaintcookies

[Chancy 6,242]

47 minutes ago, Letspaintcookies said:

My question remains, why does the foreign spouse needs to show proof of domicile in the US in order to get her spouse visa?

 

Maybe OP misunderstood the request for domicile proof as meant for her?  Only sponsors are required to provide evidence of US domicile.  It would not make sense to ask for US domicile proof from the beneficiary who is applying for a visa to be able to live in the US in the first place.

 

As for a sponsor who is deployed overseas, their military orders could be submitted as evidence.  Working for the US government overseas is actually considered as being domiciled in the US.