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Requirement for US citizen spousal sponsor to be resident in the US

Requirement for US citizen spousal sponsor to be resident in the US

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Old Mar 5th 2020, 1:34 pm
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Question 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!
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Old Mar 5th 2020, 5:10 pm
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Default 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.
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Old Mar 5th 2020, 6:51 pm
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Default 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.

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Old Mar 5th 2020, 8:35 pm
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Default Re: Requirement for US citizen spousal sponsor to be resident in the US

Originally Posted by codge85
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!
The USCIS office in London processed the I-130 application, shortly that will be done in the USA. The Visa application was dealt with by the Consulate at the London Embassy, and still will be. Intent to domicile doesn't have to be shown until you reach the Visa application. London so far has shown a very lenient understanding of what is an intent to domicile, so when you apply for the Visa just make sure you have taken some tangible steps to plan for the move to the US.
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Old Mar 9th 2020, 2:49 am
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Default 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.
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Old Mar 9th 2020, 2:55 pm
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Default Re: Requirement for US citizen spousal sponsor to be resident in the US

Originally Posted by codge85
.... it would be premature to find properties or jobs etc. ....
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.
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