Establishing US domicile after NVC but before embassy interview

[Shyler 5]

Hi all,

 

My question is one about a scenario that I haven’t been able to find in the forums yet.

 

A bit of background:-

I am a US/UK dual citizen and my wife is a UK citizen. I have only ever lived in the UK but I’m planning to show my intent to establish domicile in the US by providing evidence such as my UK to US job transfer offer from my current employer, correspondence with US apartment leasing offices, quotes to ship belongings, UK house sale evidence, etc. We are planning to move to the US together once my wife receives her visa.

 

My question:-

After submitting the forms at the NVC stage with the financial requirements satisfied from my US to UK job transfer offer, I’m considering accepting a job position with a different company in the US. It would mean that I would move to the US by myself to live and work, after the NVC stage has been completed but before my wife’s embassy interview. I would likely not have all 3 pay stubs yet (6 weeks worth) from this new job, but I would have the job offer letter showing the salary in excess of the requirement, employment contract, a new apartment lease agreement and new US bank account opening statement as a minimum. Is it likely that the agents at the embassy interview would accept my very recent move to the US as sufficient evidence for both financial (especially) and domicile requirements?

 

Really appreciate anyone commenting about their own or others’ experiences doing similar.

 

Thanks all!

[Crazy Cat 41,985]

Have you reported/paid US taxes for the last 3 most recent tax years?

Edited November 18 by Crazy Cat

[Shyler 5]

1 minute ago, Crazy Cat said:

Have you reported/paid US taxes for the last 3 tax years?

 

Yes and each return meets the income requirements. Income on the returns is classed as foreign earned income as the source is UK employment.

[Crazy Cat 41,985]

9 minutes ago, Shyler said:

 

Yes and each return meets the income requirements. Income on the returns is classed as foreign earned income as the source is UK employment.

OK.  Great.  You don't have to have 3 pay stubs.  You need to show sufficient current annual income which will be earned or continuing after relocation to the US.  Current annual income is calculated as:

 

Gross income from most recent pay period multiplied times the number of pay periods per year (12 months).  

Example:  $2000 gross income every 2 weeks equals $52,000 (26 pay periods) current annual income. 

 

Your evidence of US domicile looks good, imo.

Edited November 18 by Crazy Cat

[Shyler 5]

3 hours ago, Crazy Cat said:

OK.  Great.  You don't have to have 3 pay stubs.  You need to show sufficient current annual income which will be earned or continuing after relocation to the US.  Current annual income is calculated as:

 

Gross income from most recent pay period multiplied times the number of pay periods per year (12 months).  

Example:  $2000 gross income every 2 weeks equals $52,000 (26 pay periods) current annual income. 

 

Your evidence of US domicile looks good, imo.

 

So if I moved to the US and it's only, say, a month before my wife's interview date, we should be OK on the financial requirements with my previous 3 years tax returns that exceed the annual requirement, new US employment letter stating a salary exceeding the annual requirement and 1 or 2 pay stubs which confirm the salary stated?

 

Just worried that having moved and started working in the US ~1 month prior to the interview could cause us issues.

 

Thanks for your replies!

[Crazy Cat 41,985]

2 minutes ago, Shyler said:

 

So if I moved to the US and it's only, say, a month before my wife's interview date, we should be OK on the financial requirements with my previous 3 years tax returns that exceed the annual requirement, new US employment letter stating a salary exceeding the annual requirement and 1 or 2 pay stubs which confirm the salary stated?

 

Just worried that having moved and started working in the US ~1 month prior to the interview could cause us issues.

 

Thanks for your replies!

I think so.  However, your evidence will have to be submitted to NVC.  The "one month" is plenty.

[Shyler 5]

7 minutes ago, Crazy Cat said:

I think so.  However, your evidence will have to be submitted to NVC.  The "one month" is plenty.

 

That's great.

 

Do you think there'd be any issues with there being some differences in the evidence provided at the NVC stage and the interview stage, even though they will both likely be sufficient for the requirements? Have you read of any instances of this happening?

 

NVC stage: Current employment job transfer from UK to US & evidence of intending to establish domicile with wife.

Embassy interview: Evidence showing I've actually established domicile ahead of time, I have a new and different US job, registered address, bank account, etc.

 

Thanks!

[Crazy Cat 41,985]

2 minutes ago, Shyler said:

Do you think there'd be any issues with there being some differences in the evidence provided at the NVC stage and the interview stage, even though they will both likely be sufficient for the requirements? Have you read of any instances of this happening?

Not a problem.  The Consulate Officer would want CURRENT evidence......and the Consulate Officer is the sole approval authority for visas. 

[pushbrk 12,999]

One pay stub is enough. Not sure where you heard 3.  What you'll see in written instructions is six months, but that's an artifact from decades ago.  Pay stubs have year to date income on them anyway, in most cases.  New jobs are ok.

[Shyler 5]

On 11/18/2024 at 6:53 PM, Crazy Cat said:

Not a problem.  The Consulate Officer would want CURRENT evidence......and the Consulate Officer is the sole approval authority for visas. 

 

On 11/18/2024 at 8:14 PM, pushbrk said:

One pay stub is enough. Not sure where you heard 3.  What you'll see in written instructions is six months, but that's an artifact from decades ago.  Pay stubs have year to date income on them anyway, in most cases.  New jobs are ok.

 

Thank you both for the info and most importantly reassurance . Massively appreciate it.