Requirement for US citizen spousal sponsor to be resident in the US
#1
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Joined: Mar 2020
Location: London, England
Posts: 1
Requirement for US citizen spousal sponsor to be resident in the US
Very preliminary stages of starting the relocation process.
I am a British citizen and my partner has three citizenships (Irish through descent, British through birth and US through naturalisation). We are not yet married but plan on doing so before starting the application.
We both live in the UK. We are aware that the London USCIS field office is closing and have been told that this is going to greatly impact on the timing of processing the application (suggestion I've read is "more than 18 months"). That in itself is fine as we are not planning on making the move for a few years any way (I am a lawyer and will be taking the California prep course remotely). The issue is the requirement of the US spouse to be domiciled in the United States when filing the I-864EZ affidavit. I know there is an exception if they can prove that they intend in good faith to establish a domicile on the intending immigrant's admission. Problem is if the approval process for a marriage based immigration application is going to take at least 18 months how would you go about showing this since it would be premature to find properties or jobs etc.
Thanks all!
I am a British citizen and my partner has three citizenships (Irish through descent, British through birth and US through naturalisation). We are not yet married but plan on doing so before starting the application.
We both live in the UK. We are aware that the London USCIS field office is closing and have been told that this is going to greatly impact on the timing of processing the application (suggestion I've read is "more than 18 months"). That in itself is fine as we are not planning on making the move for a few years any way (I am a lawyer and will be taking the California prep course remotely). The issue is the requirement of the US spouse to be domiciled in the United States when filing the I-864EZ affidavit. I know there is an exception if they can prove that they intend in good faith to establish a domicile on the intending immigrant's admission. Problem is if the approval process for a marriage based immigration application is going to take at least 18 months how would you go about showing this since it would be premature to find properties or jobs etc.
Thanks all!
#2
Re: Requirement for US citizen spousal sponsor to be resident in the US
Intention to domicile can be met by something as simple as evidence of searching for housing or employment in the US. It really isn't that hard to demonstrate.
#3
Re: Requirement for US citizen spousal sponsor to be resident in the US
If you're not going to move for a few more years, don't start the process now. The visa is only valid for 6 months from the date of the medical exam.
I suppose you could file the I-130 now, and then postpone reach step by several months, making the process drag for a few years. But my personal opinion is to wait before filing anything.
Rene
I suppose you could file the I-130 now, and then postpone reach step by several months, making the process drag for a few years. But my personal opinion is to wait before filing anything.
Rene
#4
Re: Requirement for US citizen spousal sponsor to be resident in the US
I know there is an exception if they can prove that they intend in good faith to establish a domicile on the intending immigrant's admission. Problem is if the approval process for a marriage based immigration application is going to take at least 18 months how would you go about showing this since it would be premature to find properties or jobs etc.
Thanks all!
Thanks all!
#5
Account Closed
Joined: Mar 2004
Posts: 2
Re: Requirement for US citizen spousal sponsor to be resident in the US
It varies by Consulate, amusingly Canada seems the strictest. Now how this will look in a couple of years nobody can tell you, worst case scenario your Partner moves first.
#6
Re: Requirement for US citizen spousal sponsor to be resident in the US
Not "find", "look for", there is a difference, so evidence of research, maybe some applications, evidence of a research and planning a trip - we went to New York for job interviews three weeks before my visa interview.
Also contact/ correspondence with an estate agent to sell your home, draft letter of resignation from your (the US citizen) UK job, etc ...... just basically showing that you are preparing to wrap up your life in the UK.
Also contact/ correspondence with an estate agent to sell your home, draft letter of resignation from your (the US citizen) UK job, etc ...... just basically showing that you are preparing to wrap up your life in the UK.