Establishing myself in the USA

[Brian1977RI 0]

I'm currently in Australia, my wife is Australian and we have filed the I-130 and now I'm working on re-establishing myself back home,bit how? My mom went to the bank to open am account for us and we have to be there in person, and same with my drivers license, that being said if I flew there to do those things and said I live there wouldnt that be lying? I technically live here in Australia until things get approved. 

[Crazy Cat 41,476]

You MUST show intent to re-locate to the US.  Traveling to the US to get a bank account and driver's license would be very good evidence of your intent.  It would not be lying to do so. 

[Brian1977RI 0]

And at what point should I fly over there to do these things? After the i-130 has been approved? 

[Brian1977RI 0]

And at what point should I fly over there to do these things? After the i-130 has been approved? 

[Chancy 6,240]

*** Removed related thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

46 minutes ago, Brian1977RI said:

My wife (Australian) and I the American have been waiting on our I-130 to be approved, we filed in November 2021. Since then we have been reading the forum here and the state website and have done a few things since. We have since transferred American citizenship to both our children, have gotten quotes on what it will be to get our dogs to America, have gotten 3 quotes on selling our home and I've already started sending packages and saving the receipts to where we will be living which will be my parents home til we decide which state we will buy a home in. I know at some point I'll have to fly back and renew my license and open up a bank account, that being said, when should i do that,after the 130 is approved? And as for evidence that we have accumulated so far,once I get the license and open up the bank account will that be sufficient? I've also always paid my taxes and have an antique car that I've always kept insured and registered in the same state and address. 

 

You need just 1 proof of domicile for the NVC stage.  It would be better in your case to have more, but I don't recommend you delay NVC submission just to be able to submit more than 1.  The rest of your domicile evidence can be presented to the interviewing officer at the consulate.  Sydney is not known for being particularly strict with this, as long as you have credible evidence of intent to re-establish US domicile.  Your plan seems to be sound.

 

[Brian1977RI 0]

NVC stands for what exactly, that's the stage after the I-130 is approved right? Sorry I need to start spending more time on here. I feel like waiting for this I130 is we are in limbo til we here something. 

[Brian1977RI 0]

Oh and when can we submit NVC, after the i130 is approved correct?

[Chancy 6,240]

Just now, Brian1977RI said:

NVC stands for what exactly, that's the stage after the I-130 is approved right?

 

Yes, submission of required documents to the National Visa Center (NVC) is the next stage after the I-130 petition is approved.  One of those requirements is the sponsor's proof of US domicile.

 

[Brian1977RI 0]

Ok and renewing my license,opening a bank account,those are suitable? What is the absolute best form of reestablishing domicile if we intend to live with my parents til we decide which state to settle down in? And I cant really find a job til I'm over there, I suppose I can email and apply all I want but as long as someone is hiring and I'm here and they need someone there that doesnt work. So in my situ7what would be best? And I just want to say thanks for your guidance, this is on my mind 24/7, and raising a family,working full time and responsibilities makes it tough.

[Chancy 6,240]

4 minutes ago, Brian1977RI said:

What is the absolute best form of reestablishing domicile if we intend to live with my parents til we decide which state to settle down in?

 

The strongest evidence of re-establishing US domicile would be having a job that requires your physical presence in the US.  At least for the Montreal consulate, which is known as being the most strict with the domicile requirement.  But like I said, Sydney is not known to be that strict.  A valid driver's license, bank accounts, and most importantly, you travelling to the US ahead of your family, will probably be enough evidence for Sydney.

 

I recommend you get in touch with the folks in the thread below for any actual experiences convincing the Sydney consulate of intent to re-establish domicile --

 

 

[Brian1977RI 0]

We are in Melbourne is Sydney where the interviews are done?

[Chancy 6,240]

3 minutes ago, Brian1977RI said:

We are in Melbourne is Sydney where the interviews are done?

 

Yes -- Sydney.  But recently, some cases were transferred to Melbourne.  I think there were repairs needed for the consulate building.  Your wife's case will still be sent to Sydney by default, then they will tell you if the case will be transferred to Melbourne.  You may not request the transfer yourself, as the building construction might be done already by the time of your wife's interview.

 

[Brian1977RI 0]

We were just reading the other thread and yes, the Sydney building may be being fixed. I'm just so devastated to hear I may have to leave my wife and kids behind for who knows how long a time to start work over there and get the ball rolling...that's such a hardship. The last thing I want to do really. 

[pushbrk 12,767]

On 3/10/2022 at 10:38 AM, Brian1977RI said:

And at what point should I fly over there to do these things? After the i-130 has been approved? 

Before would be better, as you'll need this evidence immediately after the I-130 is approved.  Do your domicile homework though.  There may be other things you'll be wise to do at the same time.  For example, how do you plan to support your family in the USA?  Will you be transferring your job within the same company?  Will you start looking for jobs.  All these things matter.

[Brian1977RI 0]

I plan on getting a job as soon as I get there,  all my friends and family keep telling me employers cant find employees so I'm not concerned about work. My biggest concern is leaving my wife and kids behind to start a job and waiting in limbo for the visa...there has to be another way to provide domicile info without having to leave my family behind...is there?