Advice on "Maintaining U.S. Domicile"

[kirilllazebnik 5]

Hello, 

 

My wife's CR1 appointment will be held in the Athens Embassy soon. I wanted advice on the domicile aspect of her application. I (the petitioner) moved to Canada on a Temporary Work Visa in August 2020, and had been living in the U.S. prior to that. The criteria for maintaining U.S. Domicile is described in the department of state manual is: 

 

To establish that one is also maintaining a domicile in the United States, the petitioner must satisfy you that he or she:

(1) Departed the United States for a limited, and not indefinite, period of time;

(2) Intended to maintain a U.S. domicile at the time of departure; and,

(3) Can present convincing evidence of continued ties to the United States.

 

My proof of the above is: 

 

1. A document from the Canadian government (Temporary Work Permit) indicating that I am authorized for a temporary stay in Canada (August 2020 - June 2023), and must leave Canada before the expiry of the Work Permit. Also a copy of my temporary work contract (August 2020 - June 2023) from my employer in Canada

 

2. U.S. Bank statements, U.S. investment account statements, US retirement fund statements.

 

3. US Car insurance documents, US car registration documents.

 

4. A permanent job contract I accepted starting in January 2022 in the United States.

 

5. My current California driver's license.

 

6. A document indicating that I am registered to vote in California, a confirmation of my having voted in various California elections.

 

7. A permanent mailing address in the USA as is evidenced by a recent letter from the White house received there (about COVID relief).

 

8. My two most recent U.S. tax returns (2019, 2020).

 

 

 

Will this be enough? I have read that this is a bit dependent on the embassy and consular officer, but I would be happy to hear any advice. 

 

 

 

 

[Redro 4,611]

Usually the USC is living in the same country as the beneficiary and shows they intend to return to the States together. Was your spouse living in Canada with you but returned to Athens for their interview? 

Hopefully, Athens is an easy going embassy and they don't think it's unusual you're planning on staying in Canada until June 2023. As the USC is supposed to be in the US or intending to return to the States before or with the beneficiary. 

 

Screenshot from https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19 attached

[kirilllazebnik 5]

3 minutes ago, Kor2USA said:

Usually the USC is living in the same country as the beneficiary and shows they intend to return to the States together. Was your spouse living in Canada with you but returned to Athens for their interview? 

Hopefully, Athens is an easy going embassy and they don't think it's unusual you're planning on staying in Canada until June 2023. As the USC is supposed to be in the US or intending to return to the States before or with the beneficiary. 

 

Screenshot from https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19 attached

 

I am planning on moving with my wife to the US as soon as her visa is approved. She currently lives in Athens. The screenshot you attached is about petitioners who are unable to demonstrate that they are domiciled in the U.S., but I'm hoping the evidence I listed above is sufficient demonstration that I AM domiciled in the U.S.. 

 

 

[Boiler 45,519]

Probably better being interviewed in Greece rather than Canada.

[kirilllazebnik 5]

50 minutes ago, Boiler said:

Probably better being interviewed in Greece rather than Canada.

The case is in Greece, not Canada. 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[Chancy 6,241]

9 hours ago, kirilllazebnik said:

Will this be enough? I have read that this is a bit dependent on the embassy and consular officer, but I would be happy to hear any advice. 

 

From the recent (non-Montreal) cases I've seen involving domicile concerns, the consulates wanted evidence that the spouse petitioner intends to relocate to the US permanently at the same time as the beneficiary.  In the examples below where the beneficiaries were refused visas at the interview, it seems the consulates expect the USC spouses to already resign from their employment abroad --

 

 

 

[Redro 4,611]

9 hours ago, kirilllazebnik said:

 

I am planning on moving with my wife to the US as soon as her visa is approved. She currently lives in Athens. The screenshot you attached is about petitioners who are unable to demonstrate that they are domiciled in the U.S., but I'm hoping the evidence I listed above is sufficient demonstration that I AM domiciled in the U.S.. 

 

 

It could be enough but you'll only find out at the interview. Hopefully Athens is a little more forgiving than Montreal. 

Your case might be tricky because you are not living in Greece with your spouse and you have the ability to stay in Canada until 2023.

Hopefully your job offer and proof of US address will suffice. However, you might want to show stronger ties to the US address: utilities,  evidence you own the home, or a rental agreement.

In another forum I frequent, a beneficiary was given a 221g because they did not believe the petitioner was planning to return to the States (evidence submitted included driver's license, US mailing address, bank accounts, US car registration and the fact his student visa was about to expire). They provided a lease to overcome the obstacle. 

Edited November 2, 2021 by Kor2USA

[saksnoot 31]

I'd recommend arguing that you are taking steps to move back to the US with your spouse once her visa is approved. A sworn affidavit from you, a job offer in the US starting soon, moving money to US banks, evidence of looking for housing in the US, etc. The London embassy sees many visa applications whose petitioner spouses live abroad and they generally believe that the spouse will want to reunite if the marriage is legitimate. Usually, the applicant and petitioner both live together in the UK for those cases, but I'd like to think the same logic holds. Having filed taxes in the US and your home state with a US mailing address will certainly help your case that you're still domiciled in the US.

[flicks1998 1,044]

I had been living outside of the US for 27 years when we filed for the K1.  I had no ties to the US at all except for retirement accounts and a brokerage account.  No bank account, no drivers license, no address, etc.  i did file FATCA's and my US taxes each year, but always listed a foreign address.  I just wrote a letter in our K1 package that I was returning to the US at some point between such and such dates and that I planned to stay in the US for "awhile."  Nobody has questioned anything, although I did follow through with the plans I had given them.  I just followed the 2nd bullet point in @Kor2USA post. 

 

Our timelines were:

 

• Submitted documents to USCIS 3rd week of August 2019
• I moved back to the US 1st week of January 2020
• We received NOA2 last week of February 2020
• Embassy closed in Manila in March 2020, in September 2020 I asked for an expedite interview based on having a US citizen child in host country
• October 2020 received interview notice for December 2020
• I flew back to the Philippines for 3 months starting in November 2020.
• All three of us flew to the US in Feb. 2021.

Ive posted in other sections on this board about being outside of the US for so long, but nobody has ever questioned anything during the whole process.