Filing By Direct Consular Filing and living Abroad.
Jan 12th 2003, 3:43 pm
#1
Just Joined
Thread Starter
Joined: Jan 2003
Posts: 14
Filing By Direct Consular Filing and living Abroad.
hello. I am a US citizen married to an Australian and living in Australia. I have living abroad for the last three years.
i want to file for a spouse visa for my husband so we can move back to america and plan to do so by Direct Consular Filing here in Sydney.
one of the requirement of being a sponser is that i must have domicile (treat the US as your primary residence and have maintained ties in the US). but i have lived abroad for the last 3 years.
if i still have a residence that i can move back too, (family home) where i have had mail sent to for the last three years, bank accounts and many personal belongings. would this be enough to satisfy that i have maintaied domicile in the US?even though i have not physically lived there?
thanks
i want to file for a spouse visa for my husband so we can move back to america and plan to do so by Direct Consular Filing here in Sydney.
one of the requirement of being a sponser is that i must have domicile (treat the US as your primary residence and have maintained ties in the US). but i have lived abroad for the last 3 years.
if i still have a residence that i can move back too, (family home) where i have had mail sent to for the last three years, bank accounts and many personal belongings. would this be enough to satisfy that i have maintaied domicile in the US?even though i have not physically lived there?
thanks
Jan 12th 2003, 4:05 pm
#2
Just Joined
Thread Starter
Joined: Jan 2003
Posts: 14
Sorry, I must also add that I AM an Australian Resident. So in order to re-establish domicile (proving i have ties to the US)
will I have to relinquish(give up) my australian permanant residency? (please say no, please say no=)
will I have to relinquish(give up) my australian permanant residency? (please say no, please say no=)
Jan 13th 2003, 2:24 am
#3
Guest
Posts: n/a
Re: Filing By Direct Consular Filing and living Abroad.
bikinikitty wrote:
>
> Sorry, I must also add that I AM an Australian Resident. So in order to
> re-establish domicile (proving i have ties to the US)
> will I have to relinquish(give up) my australian permanant residency?
> (please say no, please say no=)
It depends on the poilcies of the Australian immigration authorities.
Check their website for the rules. My guess is that if you don't live
there permanently you could lose it at some time. Rules for US permanent
residents are similar.
>
> Sorry, I must also add that I AM an Australian Resident. So in order to
> re-establish domicile (proving i have ties to the US)
> will I have to relinquish(give up) my australian permanant residency?
> (please say no, please say no=)
It depends on the poilcies of the Australian immigration authorities.
Check their website for the rules. My guess is that if you don't live
there permanently you could lose it at some time. Rules for US permanent
residents are similar.
Jan 13th 2003, 5:48 am
#4
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Filing By Direct Consular Filing and living Abroad.
It is not that you have maintained residency in the US during those 3 years. It will be obvious to the US Consulate that you have not as you have residency in Australia. What you have to do is show that you have attempted to re-establish residency in the US through job hunting, bank accounts, apartment/house hunting, etc.
As for giving up your Australian residency, all that depends on the requirements of the Australian immigration department. As an American I don't have a clue but if it is anything like the US or Canada, you have to spend at least 1/2 a year there and/or have a special re-entry permit which establishes that you haven't abandoned your residency. How they will view that with the fact that your Australian husband is living, working and has obtained residency in the US, is something I can't say.
Rete
As for giving up your Australian residency, all that depends on the requirements of the Australian immigration department. As an American I don't have a clue but if it is anything like the US or Canada, you have to spend at least 1/2 a year there and/or have a special re-entry permit which establishes that you haven't abandoned your residency. How they will view that with the fact that your Australian husband is living, working and has obtained residency in the US, is something I can't say.
Rete
Originally posted by bikinikitty
hello. I am a US citizen married to an Australian and living in Australia. I have living abroad for the last three years.
i want to file for a spouse visa for my husband so we can move back to america and plan to do so by Direct Consular Filing here in Sydney.
one of the requirement of being a sponser is that i must have domicile (treat the US as your primary residence and have maintained ties in the US). but i have lived abroad for the last 3 years.
if i still have a residence that i can move back too, (family home) where i have had mail sent to for the last three years, bank accounts and many personal belongings. would this be enough to satisfy that i have maintaied domicile in the US?even though i have not physically lived there?
thanks
hello. I am a US citizen married to an Australian and living in Australia. I have living abroad for the last three years.
i want to file for a spouse visa for my husband so we can move back to america and plan to do so by Direct Consular Filing here in Sydney.
one of the requirement of being a sponser is that i must have domicile (treat the US as your primary residence and have maintained ties in the US). but i have lived abroad for the last 3 years.
if i still have a residence that i can move back too, (family home) where i have had mail sent to for the last three years, bank accounts and many personal belongings. would this be enough to satisfy that i have maintaied domicile in the US?even though i have not physically lived there?
thanks
