Starting IR1 Visa Petition while living in Cambodia.

[ConPhal 0]

 

Has anyone gone through the spousal visa process with both the beneficiary and the sponsor living in Cambodia (or any other foreign country) during the duration of the application process? 

 

Background Info:

My wife and I met in 2014, started dating in 2015, had a religious wedding ceremony (though not legally binding in Cambodia) in 2016, and then got legally married in Hong Kong in 2018. We've been living together ever since our religious wedding ceremony in 2016.  Neither one of us has any previous marriages, children, criminal records etc. I also haven't been back to the US since I left in 2016. 

As my wife is pregnant right now, we've decided that it's time we start her IR1 Visa Petition process. It's always been our plan all along to spend a few years in Cambodia, and then eventually make it (back) to the US. 

 

Current Evidence:

Our current evidence consists of: a marriage certificate; religious marriage ceremony certificate; wedding ring receipts; text messages/emails dating back eight years; affidavits from friends, family and former mayors; boarding passes, and matching entry/exit dates in our passports, showing proof of international travel together; apartment leases with both our names dating back almost 5 years; tax returns (married filing separately) of the last three years with her name listed as my spouse, as an NRA (as she's never been to the US); 1000’s of photos together; IVF treatment receipts/contracts/money transfers etc., showing both our names; and a baby on the way.

 

Main Worry:

I know USCIS wants to see a lot primary evidence attesting to a genuine and bona fide marriage; especially financial documents showing joint assets/liabilities such as: loans, leases, mortgages, insurance plans, joint bank accounts, etc. Although I may be wrong, I’m pretty sure that as a foreigner with a Cambodian spouse, obtaining a joint-“anything” is nigh impossible. The banks that I’ve talked to say they need to see a Cambodian marriage certificate, and simply won’t accept our Hong Kong marriage certificate. The only thing I can think of is registering a business with my wife as my partner, and then using our business credentials to open a joint account. But such a process seems rather excessive when our goal is merely to prove a bona fide marriage.

 

Question #1:

Is USCIS/the US Embassy (Cambodia) ever lenient when such primary evidence (as stated above) is impossible to acquire while living in Cambodia? Again, if I’m wrong about this, kindly let me know.

 

Question #2:

How good of evidence are infertility treatment receipts/contracts/money transfers etc.? Both our names are on everything. With two IVF cycles, consisting of four embryo transfers so far, we have roughly $30,000 worth of receipts, AND hopefully a baby coming next April.

 

Question #3: 

Is the following enough to prove domicile/intent to reestablish domicile?

I left the US in November of 2016, but since then I have: maintained and regularly used a US bank account, filed and paid Federal taxes (one of the downsides of being self-employed) every year, taken online college courses through American universities while paying in-state tuition, currently hold a valid Utah driver license, and have kept my parents' house as my mailing address. 

 

Thanks for your time, everyone!

 

- Connor

 

 

 

[Just Paul 4,595]

2 hours ago, ConPhal said:

Has anyone gone through the spousal visa process with both the beneficiary and the sponsor living in Cambodia (or any other foreign country) during the duration of the application process? 

Not an issue.  You can file online or mail to the states.

2 hours ago, ConPhal said:

Is USCIS/the US Embassy (Cambodia) ever lenient when such primary evidence (as stated above) is impossible to acquire while living in Cambodia? Again, if I’m wrong about this, kindly let me know.

Yuo give them what you have.  You can do simple thinks like a will(s) and add her as beneficiary on insurance, and add her to credit cards, etc