CR1 Visa Aus and US Citizen living abroad

[t01988 0]

 

Hi,

I (Australian Citizen) and my partner (US citizen) are looking to immigrate to the US. We are unmarried, have lived together five years, have no children and currently both live and work abroad (Malaysia).

Based on what we could figure out through preliminary research the cr1 Marriage green card is our preferred option. But it is still difficult to figure out exactly how to go about it. Our questions are below:

 

1.       Will a Malaysian marriage be accepted by USCIS?

2.       Is a bank account and tax returns enough for her (US citizen) to establish domicile?

3.       As we are both living and working abroad will an affidavit of support from her family combined with bank records of finances (above 20k) be enough?

4.       Is there anything we need to know/are forgetting or overlooking?

Thank you, any help would be much appreciated.

 

All the best and good luck.

 

T

[Redro 4,611]

36 minutes ago, t01988 said:

 

Hi,

I (Australian Citizen) and my partner (US citizen) are looking to immigrate to the US. We are unmarried, have lived together five years, have no children and currently both live and work abroad (Malaysia).

Based on what we could figure out through preliminary research the cr1 Marriage green card is our preferred option. But it is still difficult to figure out exactly how to go about it. Our questions are below:

 

1.       Will a Malaysian marriage be accepted by USCIS? Yes. 

2.       Is a bank account and tax returns enough for her (US citizen) to establish domicile? Might not be sufficient. USC's who've been out of the country for several years are sometimes asked to provide more evidence. Drivers License, Credit cards... job search, home you intend to live in... 

3.       As we are both living and working abroad will an affidavit of support from her family combined with bank records of finances (above 20k) be enough? Your wife will be primary sponsor and probably have an income of $0 if her job will not continue in the US. If you have savings of X3 poverty guidelines you can use assets. If not- family members should make 125% poverty guidelines of their household size including you (the beneficiary). 

4.       Is there anything we need to know/are forgetting or overlooking? If you're interested in having a US marriage certificate consider getting married via Utah online wedding. File the I-130 online as you receive your NOA1 asap. Use a US mailing address (for the USC) in case you move during the process. Some physical mail does come to your listed address and it is difficult to update foreign addresses with USCIS. 

Thank you, any help would be much appreciated.

Points 2 and 3 are only needed at NVC stage... so don't delay filing the petition because you have sorted it out yet. 

 

[Redro 4,611]

38 minutes ago, ROK2USA said:

Points 2 and 3 are only needed at NVC stage... so don't delay filing the petition because you have sorted it out yet. 

 

because you haven't sorted it out yet. 

[Crazy Cat 41,893]

6 hours ago, t01988 said:

 

Hi,

I (Australian Citizen) and my partner (US citizen) are looking to immigrate to the US. We are unmarried, have lived together five years, have no children and currently both live and work abroad (Malaysia).

Based on what we could figure out through preliminary research the cr1 Marriage green card is our preferred option. But it is still difficult to figure out exactly how to go about it. Our questions are below:

 

1.       Will a Malaysian marriage be accepted by USCIS?

2.       Is a bank account and tax returns enough for her (US citizen) to establish domicile?

3.       As we are both living and working abroad will an affidavit of support from her family combined with bank records of finances (above 20k) be enough?

4.       Is there anything we need to know/are forgetting or overlooking?

Thank you, any help would be much appreciated.

 

All the best and good luck.

 

T

1.  If it is a legal marriage, yes.

2.  No, in my opinion you need more. ALL US citizens are required to file taxes, regardless of where they reside.  You can show INTENT to re-establish domicile by living arrangements, job, etc.

3.  Your wife is the primary sponsor.  She will have to show sufficient current annual income, sufficient assets, or she must have a well-qualified joint sponsor who can do so.

4.  I suggest you study and become an "A" student of the process and the I-864.  Unless you have exceptional circumstances, follow this guide:

 

 

[pushbrk 12,898]

Domicile is not usually a big issue unless coming from Canada.  You'll have plenty of time to sort that out before the NVC stage many months from now.  First step, is to actually get legally and lawfully married, anywhere you want.  Married is married.

[Chanel H. 41]

I agree with the above that points 2 and 3 are not needed until the NVC stage and so you should go ahead an do your I-130 as you will be waiting many months for that to go through. That said, you and your partner can start working on the domicile stuff now. Are you guys planning to stay together in Malaysia and move together? Or is your partner going to move ahead of you, establish domicile, and then you come over later?

 

If you need to prove intent to re-establish domicile, your partner can get quotes for moving your shared belongings, quotes for moving any pets you might have, send emails to schools inquiring about enrolling children, send emails to apartment complexes inquiring about renting an apartment, open a bank account, and try to get a US driver's license.

[Redro 4,611]

On 6/7/2022 at 8:42 AM, pushbrk said:

Domicile is not usually a big issue unless coming from Canada.  You'll have plenty of time to sort that out before the NVC stage many months from now.  First step, is to actually get legally and lawfully married, anywhere you want.  Married is married.

It has recently been an issue for some people at NVC stage. 

NVC has questioned domicile of at least two people I know who've lived overseas for several years (bank account & DL etc was not sufficient). 

[pushbrk 12,898]

31 minutes ago, ROK2USA said:

It has recently been an issue for some people at NVC stage. 

NVC has questioned domicile of at least two people I know who've lived overseas for several years (bank account & DL etc was not sufficient). 

Two people.  OK.  But, this couple hasn't even filed a petition yet.  They aren't even married.  They have PLENTY of time to deal with the domicile issue and lots of ways to deal with it that are easy and low stress.  Nothing to fear or worry about now.