i-130 Submitted, but looking at next steps

[kairumination0 0]

I (husband) am a US citizen living with wife (Japanese) in Tokyo.

We are planning to move to the US next year.

We submitted her i-130 online on July 30th, 2021.

(We have 2 kids who are have citizenship of both US and Japan).

I have lived in Japan for nearly 17 years.

I have filed US taxes the entire time.

 

My concern is that my residence is obviously in Japan (demonstrably not temporary), and according to things I have read e.g. I'd need evidence of planning to move back (job offer, lease, etc.) or actually be a resident in the US already at the time of my wife's interview at the Tokyo US Embassy, I could get run into complications.

 

What should I do in terms of my residency for the smoothest outcome?

Has anyone been in a similar situation?

[Just Paul 4,595]

10 minutes ago, kairumination0 said:

I (husband) am a US citizen living with wife (Japanese) in Tokyo.

We are planning to move to the US next year.

We submitted her i-130 online on July 30th, 2021.

(We have 2 kids who are have citizenship of both US and Japan).

I have lived in Japan for nearly 17 years.

I have filed US taxes the entire time.

 

My concern is that my residence is obviously in Japan (demonstrably not temporary), and according to things I have read e.g. I'd need evidence of planning to move back (job offer, lease, etc.) or actually be a resident in the US already at the time of my wife's interview at the Tokyo US Embassy, I could get run into complications.

 

What should I do in terms of my residency for the smoothest outcome?

Has anyone been in a similar situation?

You need to show your intent to re-establish domicile prior to or at the time that the visa is issued.

[SalishSea 17,836]

52 minutes ago, kairumination0 said:

We are planning to move to the US next year.

Isn't it kind of hard to plan that, given that you have only just submitted the petition?  It could take over a year just for the petition approval, let alone the other steps in the process.

[kairumination0 0]

50 minutes ago, Paul & Mary said:

You need to show your intent to re-establish domicile prior to or at the time that the visa is issued.

Thanks for that. Is there a textbook answer or rule of thumb for what qualifies as evidence of intent?

[kairumination0 0]

9 minutes ago, Jorgedig said:

Isn't it kind of hard to plan that, given that you have only just submitted the petition?  It could take over a year just for the petition approval, let alone the other steps in the process.

Yes, I know we're only a month into the visa process and the timelines are murky for these things. The target date is based on having time for at least me + kids to settle and register for the US school year. We wouldn't want to do a mid-school year move. Totally realize it's not guaranteed that she will have a visa in hand and may be coming later.

[carmel34 3,633]

15 hours ago, kairumination0 said:

Thanks for that. Is there a textbook answer or rule of thumb for what qualifies as evidence of intent?

From the DOS website (see link below for complete FAQs):

 

How can a financial petitioner establish a domicile?

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
   
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

• Opening a bank account
   
• Transferring funds to the United States
   
• Making investments in the United States
   
• Seeking employment in the United States
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

Edited September 9, 2021 by carmel34

[kairumination0 0]

7 hours ago, carmel34 said:

From the DOS website (see link below for complete FAQs):

 

How can a financial petitioner establish a domicile?

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
   
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

• Opening a bank account
   
• Transferring funds to the United States
   
• Making investments in the United States
   
• Seeking employment in the United States
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

Thank you very much!