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definition of residency

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Old Feb 8th 2010 | 5:38 am
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Default definition of residency

Hello

I am nearly ready to put my I-129F packet into the mail after receiving supporting documents from my fiancee (going for the K-1 fiancee visa)... The question I have pertains to the G-325A:

My fiancee and I lived abroad on temporary work visas and also did some extended traveling within the last 5 years, so we find ourselves a bit confused when asked to detail our addresses of the last 5 years. I did receive some information from Rene recently concerning this (thank you, Rene), but I was hoping to hear a few more opinions, especially if anyone on here dealt with a similar situation themselves first hand...

Rene was rather confident that the only addresses we would need to list would be "permanent" address... i.e. addresses in our respective countries of citizenship rather than countries in which we had alien resident status. This certainly makes sense to me, but I just wanted to check one more time to see if anyone out there was 100% confident on this point, seeing that it sorta comes down to the semantics of the question they are posing... We lived and worked as alien residents of South Korea for 3 years (this is where we met)... all the while, any sort of credit card bills, insurance (for me - the USC) bills, etc. were still linked to our respective "permanent addresses" back home (parents' homes... we did not own or rent anything at home while living in South Korea)... amidst said three year period, we also spent a total of about 5 months traveling between different periods of alien residency in South Korea. Despite having personal belongings still in South Korea during these periods, we did not have any official status in the country... so I would assume the only plausible address for ourselves during these periods would've been back home??

It's a bit of a confusing mess for what should be a straight forward answser... and I sure don't like the idea of turning to an overpriced lawyer to sift through a single question on a single form. Anyways... you guys are the best... I'm always very impressed with your efforts in these matters... Thank you very much.

OH! Wait... one more quick question... my fiancee is from Northern Ireland and has an Irish passport... this may seem like a silly question, but I can't be too thorough... What is her country of citizenship in the eyes of USCIS?? She always claims Irish nationality, which of course is true... I just want to make sure to put the right thing down for US papers... UK or Ireland??? She's never had a UK passport, if that matters... though of course she is eligible for one... Is it as simple as whichever passport she currently has?

Thank you!
 
Old Feb 8th 2010 | 6:08 am
  #2  
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Default Re: definition of residency

IMO this is a situation where more information will not hurt you, so why not include it. If you lived somewhere for 3 years, that's your residence in my eyes. Especially considering that your fiancee is going to need a police certificate from South Korea.

The time traveling was .. traveling, not residency. If you still considered SK 'home', kept your stuff there and returned there after traveling, it's reasonable to me that your SK resident time includes when you first moved there to when you left permanently.
I didn't read Rene's previous reply to you or the context of the info in that post.

Your FI is a citizen of the United Kingdom of Great Britain and Northern Ireland; she is British, a UK citizen.
 
Old Feb 8th 2010 | 8:40 am
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Default Re: definition of residency

I sort of recall the question, but would like to amend it to agree with meauxna, that details are better.

Thinking about it again, my advice would be to put "see attached" in the space on the G-325A form, and then on a separate page, list the dates and places you physically were during that 5-year period.

You can structure it your own way, for example you can say what your permanent mailing address during the whole 5 years, but then you can also list the stints you did in SK each time, and also mention that during the breaks between stints (or whenever) that you vacationed in X other country.

Rene
 

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