IR-1. Requirement to live in USA prior to visa interview?

[Anderson316 2]

Wife and I live overseas.  Our immigration attorney says I have to live in USA and show proof of utilities in my name before Immigration sends package to NVC.  True?

[milimelo 4,481]

Look up domicile and reestablishing domicile. 

[Crazy Cat 41,880]

6 minutes ago, Anderson316 said:

Wife and I live overseas.  Our immigration attorney says I have to live in USA and show proof of utilities in my name before Immigration sends package to NVC.  True?

That is not accurate.  USCIS determines the validity of the relationship between petitioner and beneficiary only.....Domicile intent is determined later in the process.

Edited May 11, 2022 by Crazy Cat

[Redro 4,611]

17 minutes ago, Anderson316 said:

Wife and I live overseas.  Our immigration attorney says I have to live in USA and show proof of utilities in my name before Immigration sends package to NVC.  True?

You need to show either 

PROOF OF DOMICILE

or intent to RE-ESTABLISH domicile.

What ties do you have to the US?

Bank account, drivers license, property, car registration, credit cards?

When was the last time you were in the US?

And where do you currently live? Some countries are more strict than others and require the USC moves back to the US before interview but moving before submitted documentation to the NVC is not required if you have sufficient proof you've maintained or re-established ties to the US. 

Edited May 11, 2022 by ROK2USA

[Crazy Cat 41,880]

3 minutes ago, ROK2USA said:

You need to show either 

PROOF OF DOMICILE

or intent to RE-ESTABLISH domicile.

What ties do you have to the US?

Bank account, drivers license, property, car registration, credit cards?

When was the last time you were in the US?

And where do you currently live? Some countries are more strict than others and require the USC moves back to the US before interview but moving before submitted documentation to the NVC is not required if you have sufficient proof you've maintained or re-established ties to the US. 

I interpreted the question to ask if USCIS requires domicile proof before they will send the case to NVC.  

[Redro 4,611]

10 minutes ago, Crazy Cat said:

I interpreted the question to ask if USCIS requires domicile proof before they will send the case to NVC.  

Ah~ if that is the case OP can send in I-130/I-130A and while they live overseas. 

No need to upload proof of domicile during initial filing although some believe a US mailing(and/or residential) address leads to a quicker processing time~ 

Edited May 11, 2022 by ROK2USA

[Anderson316 2]

I have lived in Colombia 14 years and we vacation in the USA twice a year.

 

Ties to the USA;

     Credit cards

     Bank and brokerage accounts

     Driver licence

     Residental rental property

 

If necessary we can move into the rental property at the end of the renters lease, and live one month at a time in each country until wife receives IR-1 visa.  (She currently has a tourist visa.) 

Edited May 11, 2022 by Anderson316

[Redro 4,611]

5 minutes ago, Anderson316 said:

I have lived in Colombia 14 years and we vacation in the USA twice a year.

 

Ties to the USA;

     Credit cards

     Bank and brokerage accounts

     Driver licence

     Residental rental property

 

If necessary we can move into the rental property at the end of the renters lease, and live one month at a time in each country until wife receives IR-1 visa.  (She currently has a tourist visa.) 

What is your timeline?

Have you filed the I-130 yet? 

You and your wife should be careful about dividing your time between Colombia and the US.

A few weeks/months back, a Canadian beneficiary was denied entry on her IR1 because her husband hadn't secured sufficient ties to the US because he was moving between the US and Canada too often. 

 

ETA: I am a worst case scenario poster. Your evidence could be fine but not sure where you are in the process. 

Edited May 11, 2022 by ROK2USA

[Anderson316 2]

Attorney is filing our I-130 this week.

 

Edited May 11, 2022 by Anderson316

[Zoeeeeeee 797]

12 minutes ago, Anderson316 said:

I have lived in Colombia 14 years and we vacation in the USA twice a year.

 

Ties to the USA;

     Credit cards

     Bank and brokerage accounts

     Driver licence

     Residental rental property

 

If necessary we can move into the rental property at the end of the renters lease, and live one month at a time in each country until wife receives IR-1 visa.  (She currently has a tourist visa.) 

Are you planning on moving back to the US? If not, applying for a greencard is a mistake. They're not there to be used in lieu of a tourist visa...

[Redro 4,611]

7 minutes ago, Anderson316 said:

Attorney is filing our I-130 this week.

 

No need to move to the US before I-130 filing. 

We were approved with USC living in Korea and many other members have received approval for I-130 when petitioner lives overseas. 

Edited May 11, 2022 by ROK2USA

[carmel34 3,633]

2 hours ago, Anderson316 said:

If necessary we can move into the rental property at the end of the renters lease, and live one month at a time in each country until wife receives IR-1 visa.  (She currently has a tourist visa.) 

You, the USC, can come and go as you please.  Be careful with your wife's B2 visa, as it is at the discretion of the CBP officer to let her in and if admitted, for how long each visit.  One month in the US, then one month out, etc. during the IR-1 process (1-2 years), could cause some scrutiny as it will appear that she would be using a tourist visa to live in the US half time.  I would suggest that she visit the US for one month, then return home for two months before making another visit for one month.  The other challenge will be is that as a foreign spouse of a US citizen, they are required to consider the possibility that she could enter with the B2 visa, then stay and adjust status based on her marriage to you, which is immigration fraud.  She should travel light, take evidence of strong ties to her home country, and be prepared to convince the CBP officer that she will go back to her country after her period of authorized stay in the US.  Good luck!

[Chancy 6,241]

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