At what point in the process is an IR1 almost guaranteed?

[GeraltOfRivia 0]

I'm an expat in the Philippines and I've been living here with my wife of 7 years since 2018. I saw that people in my position typically have trouble proving intent to reestablish domicile. In order to prepare concrete evidence of intent to reestablish domicile, I am considering buying a condo in the US where we intend to settle and to also valuate our house here in the Philippines and post it for sale. The thing is, I am reluctant to spend a bunch of money on a condo (or fly out ahead of my wife and sign a long term lease) unless I feel like there's a really good shot at the IR1 being approved. We have joint sponsors so that won't be the issue, and I intend to do an affidavit outlining my plans to reestablish domicile for the NVC, but I read people say the offers in he Manila embassy want the American spouse to be IN America during the interview. 

 

So my question is this: at what point can I consider that IR1 visa is a 99% sure thing? After I-130 approval? After DQ? Literally the only weak spot in our application is my domicile. We are super obviously a legitimately married couple for love and we meet the financial requirements. 

[carmel34 3,645]

12 minutes ago, GeraltOfRivia said:

at what point can I consider that IR1 visa is a 99% sure thing?

Any US visa is not guaranteed until it is approved and received in the applicant's passport, there are just too many unknown variables in your case to be 99% sure at any stage of the process before then.  Based on your post, chances are very good that a spousal visa would eventually be approved, because you have been married and living together for seven years, so you will have plenty of evidence that the marriage is bona fide.  You may be able to successfully show intent to re-establish US domicile without buying a condo.  I would suggest sending communications with a real estate agent, properties being considered, etc.

[Boiler 45,729]

When the Visa is in her passport.

[appleblossom 2,801]

No need to buy a condo to prove domicile - and definitely not recommended until the visa is in hand! Have a look around the forum to see how others have done it without owning property. 
 

Good luck. 

[SteveInBostonI130 3,470]

6 hours ago, GeraltOfRivia said:

I'm an expat in the Philippines and I've been living here with my wife of 7 years since 2018. I saw that people in my position typically have trouble proving intent to reestablish domicile. In order to prepare concrete evidence of intent to reestablish domicile, I am considering buying a condo in the US where we intend to settle and to also valuate our house here in the Philippines and post it for sale. The thing is, I am reluctant to spend a bunch of money on a condo (or fly out ahead of my wife and sign a long term lease) unless I feel like there's a really good shot at the IR1 being approved. We have joint sponsors so that won't be the issue, and I intend to do an affidavit outlining my plans to reestablish domicile for the NVC, but I read people say the offers in he Manila embassy want the American spouse to be IN America during the interview. 

 

So my question is this: at what point can I consider that IR1 visa is a 99% sure thing? After I-130 approval? After DQ? Literally the only weak spot in our application is my domicile. We are super obviously a legitimately married couple for love and we meet the financial requirements. 

 

The most important question is are you planning to move permanently to the US?

 

Typically the driving factor for the spouse visa is that the couple/family plan to live the US.  Then if they somehow not get the visa, they make new plans as appropriate.  It is unusual to "see if the IR1 is approved" and then decide to move. 

[pushbrk 12,994]

On 11/25/2024 at 8:52 PM, appleblossom said:

No need to buy a condo to prove domicile - and definitely not recommended until the visa is in hand! Have a look around the forum to see how others have done it without owning property. 
 

Good luck. 

Having started looking into where to live, is nice evidence.  I have a friend who has lived in the Philippines with wife and step children for 11 years.  He looked into a VA loan for a house.  That will be his domicile related evidence.