Living overseas while applying for CR-1 spouse visa

[gpcovenant 2]

My girlfriend (a citizen of HKSAR) and I (US Citizen) are currently in Hong Kong. We have decided to marry and want to settle down in the USA and are planning to marry in the next month and start the CR-1 process. During the process I prefer to stay with her in HK until she gets approved then we move over to the USA together.

We are currently both living in Hong Kong, her home country. I have been living in HK on tourist visas for approximately four years. I am still a legal resident of Florida as I have been using my parents address as my USA address and I also work for our family business (and internet based business) that is located and limited to the USA, I am paid in US dollars to my US bank account. Basically my work allows me to live where I wish as long as I have a good internet connection.

My confusion is around where I need to be during the application of the CR-1. I keep reading stories of US Citizens that is sponsoring the CR-1 visa is in the USA. They imply that it is required that the US citizen needs to be in the USA during the process. Yet I can not see a single reason why nor can I find any evidence on the government information pages or other sites that explicitly states I must be in the USA for the process. I can send the application to the Chicago Dropbox. She does the interview here at the consulate.

Am missing something?

Thank you for any assistance.

[DartJ 0]

Your correct that it is hard or non-existent to find, but we just got stopped at the interview for doing exactly what you propose to do (In Naples, Italy) we live abroad and filed in the US (when I was there for a few months) and then moved abroad to go through the process together. I was told by the consular office that I had to prove domicile in the US, or as she said "live and work in the US".

What this amounted to was her saying that we needed to be seperated for the duration of our process, over 1 year. By her account, this didn't matter, and people do it all the time.

I would take care in going about it in this way -- but as I've learned, there are exceptions, exceptions execptions everywhere. No one has exactly the same experience.

But like you I also can't find where it says that the petitioner has to be in the US. If anyone can or knows where to find this, please let us know!

[N-o-l-a 7,167]

Your correct that it is hard or non-existent to find, but we just got stopped at the interview for doing exactly what you propose to do (In Naples, Italy) we live abroad and filed in the US (when I was there for a few months) and then moved abroad to go through the process together. I was told by the consular office that I had to prove domicile in the US, or as she said "live and work in the US".

What this amounted to was her saying that we needed to be seperated for the duration of our process, over 1 year. By her account, this didn't matter, and people do it all the time.

I would take care in going about it in this way -- but as I've learned, there are exceptions, exceptions execptions everywhere. No one has exactly the same experience.

But like you I also can't find where it says that the petitioner has to be in the US. If anyone can or knows where to find this, please let us know!

You ABSOLUTELY do not have to be present in the US. The consulate in Italy is wrong and I have heard that about them before.

You simply need to show that you have not abandoned domicile in the US or have made steps to re+establish it. The first 2 posts of the NVC filers threads always contain this information. You must also return to the US before or at the same time as your spouse. We live abroad, tons of other couples do, and there is no problem.

[DartJ 0]

Hi Nola,

Thanks for confirming that. I by no means gave up anything in the US. The only catch might be that I don't own a home or have a car, but as I mentioned, I have bank accounts, vote, pay taxes, etc.

So I suppose my question now is: what to do now? How to prove to them that we will either 1.) travel there together or 2.) that I will go ahead before her. And how far ahead does it have to be?

So very very frustrating. The Naples consulate has to be one of the least professional.

[N-o-l-a 7,167]

Hi Nola,

Thanks for confirming that. I by no means gave up anything in the US. The only catch might be that I don't own a home or have a car, but as I mentioned, I have bank accounts, vote, pay taxes, etc.

So I suppose my question now is: what to do now? How to prove to them that we will either 1.) travel there together or 2.) that I will go ahead before her. And how far ahead does it have to be?

So very very frustrating. The Naples consulate has to be one of the least professional.

It can be on the same flight. Lots of couples here do this. We are going back on the same flight without a problem.

How do they think people do it with DCF?

I'm not sure what your next steps are, but I assume someone will chime in with something. I would call the Department of State and start emailing everyone you can think of to fix this though. When in doubt, contact every name or overseeing body you can find. It is how we solved our not so little issue.

[gpcovenant 2]

Your correct that it is hard or non-existent to find, but we just got stopped at the interview for doing exactly what you propose to do (In Naples, Italy) we live abroad and filed in the US (when I was there for a few months) and then moved abroad to go through the process together. I was told by the consular office that I had to prove domicile in the US, or as she said "live and work in the US".

What this amounted to was her saying that we needed to be seperated for the duration of our process, over 1 year. By her account, this didn't matter, and people do it all the time.

I would take care in going about it in this way -- but as I've learned, there are exceptions, exceptions execptions everywhere. No one has exactly the same experience.

But like you I also can't find where it says that the petitioner has to be in the US. If anyone can or knows where to find this, please let us know!

I think I might be ok because my residence is still officially in Florida. I will be in Hong Kong as a tourist unless I decide to apply for residency in HK after the wedding. But maybe that is not a good idea.

[DartJ 0]

Hi Nola,

I didn't mention that we applied via the NVC - perhaps that is the problem?

[N-o-l-a 7,167]

Hi Nola,

I didn't mention that we applied via the NVC - perhaps that is the problem?

Not a problem. We just happened to skip it because of some crazy problems with USCIS. There are lots of filers here who filer from abroad.

You can see this thread for all petitioners who have filed from abroad. http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Most of these people remained in the foreign country while processing the visa.

[Harpa Timsah 13,258]

First issue with residing abroad: You will need a co-sponsor unless you have assets or a job that does not require you to be in any given place.

Second issue: You must prove that you either have not abandoned domicile, or have taken concrete steps to reestablish domicile. Usually voting, paying taxes, or having a "permanent" address is not enough to prove you have not abandoned it (taxes are required of all USCs where they live). Things you can show to reestablish it, are renting an apartment or buying a house in the US, getting a job offer, or enrolling kids in school, things like that. It is important to not mix these two ideas.

It is absolutely possible to overcome those issues - people do it all the time.

[christeen 966]

Hi Nola,

I didn't mention that we applied via the NVC - perhaps that is the problem?

Naples consulate is really weird and quirkey regarding domicile and sponsorship, they gave us trouble for financials not accepting bank accounts, co-sponsors etc...... Not the norm!

To the op... As others have mentioned, you just need to show intent to re-establish domicile... Use examples as others have stated to do this. Bank accounts, lease etc... I would also make it a point not to say you are "living" in HK, rather you are "visiting" sometimes symantics matter...

[lucybelle 453]

I've lived in Costa Rica with my husband for about 1.5 years. We're filing while I'm living here. I plan to show re-domicile with:

-bank accounts in US bank and credit union

-stock accounts with US traders

-retirement funds for the US

-current driver's license

-voting log

-paying taxes

-drawing up a rental agreement with my parents

[MeredythB 38]

I am also a filer from abroad. In some ways, our cases are similar, since I too work for a family business, based in the US. My work is internet-based, so I can do it from anywhere, but since I am paid by a US firm and that income will continue once I am in the US, I can use my income to sponsor my husband. This is a huge step to overcome, so you are lucky in that regard.

Proving intent to reestablish your domicile is covered, as Nola said, on the first two posts of the NVC threads. Look for one and read it. Having a lease agreement or quotes from international movers and correspondence with letting agents in the town you intend to live in are good proofs and can get you started.

It is important to know: are you living in HK LEGALLY? If you are and intend to stay there with your wife during the process, make CERTAIN to put your foreign address as your mailing address on the I-130 form. Very often, a filer from abroad can be expedited during the USCIS stage, which can seriously shorten your timeline. USCIS will make noise about having to have a US address for the mail to go to, but THAT IS A LIE. They will send mail overseas. DO NOT CHANGE YOUR ADDRESS.

All in all, you will find some very good advice on this forum. Good Luck!

[gpcovenant 2]

Thanks for all the great info. Its all very helpful as we start this process.

[DartJ 0]

I found this article (and particularly the links) helpful when looking at domicile and filing from abroad.

http://www.usvisalawyers.co.uk/article19.htm

It's a big mess really trying to prove domicile - and I even got a response saying "it's a grey area open for interpretation".

Good luck.

[N-o-l-a 7,167]

I found this article (and particularly the links) helpful when looking at domicile and filing from abroad.

http://www.usvisalawyers.co.uk/article19.htm

It's a big mess really trying to prove domicile - and I even got a response saying "it's a grey area open for interpretation".

Good luck.

It might be open to interpretation, but the only two countries who are a PITA about it are Italy and Canada.