How to obtain a spousal visa when the petitioner does not live in the US?

How to obtain a spousal visa when the petitioner does not live in the US?

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There are situations when a US citizen marries a foreign person, and after some time, they wish to relocate to the United States. This is called reestablishing domicile.

The US citizen needs to petition the American government, Form I-130 so that the foreign spouse can apply for a Green Card or immigrant visa. This is not a complicated process, but the challenge is filing Form I-864, Affidavit of Support.

What is Affidavit of Support?

This proves to the USCIS (United States Citizenship and Immigration Services) that the foreign spouse will not become a public charge in the future. This can be removed with the sponsor submitting Form I-864, Affidavit of Support, on behalf of the intended immigrant.

US domicile requirement

Besides filing the forms mentioned above, the US citizen must have a domicile in the United States. This means that the primary residence must be located in this country and that you plan to maintain it in the foreseeable future.

This is crucial not to ignore since it may affect the petitioner qualifying as a sponsor of the foreign spouse. Therefore, the USCIS will request that you prove the intent to reestablish a US domicile.

What this means is that you have to submit evidence that you are in the process of returning to the United States and making it your permanent home. Proof may include opening a bank account, transferring funds to the US, making investments in the country, accepting a job offer, or actively seeking employment.

It can also be applying for a social security number, voting in elections, signing a lease or purchasing a residence, establishing utility bills in the sponsor’s name, and others. Again, an immigration lawyer may help you decide which evidence will work best in your case.

For instance, he may believe that additional evidence, such as resigning from your foreign job, closing accounts with foreign institutions, and selling assets, such as your home or vehicle, will benefit your case.

What happens if my domicile is abroad but a US organization employs me?

US citizens that live abroad but are still considered domiciled in the US if they work for:

• The US government (including the US Armed Forces, embassies, consular offices, or other agencies);
• An American institution of research recognized by the Secretary of Homeland Security;
• A US firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation;
• A public international organization in which the United States participates by treaty or statute;
• A religious denomination having a bona fide organization in the United States if the employment abroad involves the person’s performance of priestly or ministerial functions on behalf of the denomination; or
• A religious denomination or interdenominational missionary organization has a bona fide organization in the United States if the person is engaged solely as a missionary.

Also, you could be temporarily abroad but still domiciled in the US. This is common among students, contract workers, and NGO volunteers.

Immigration can be a complicated process if you try to do it alone. However, if you have an experienced immigration attorney guide you through everything and what you need precisely, the process will be much easier, and you will be on your path to sponsor your foreign spouse in no time.

Contact Kannan Law for more information today!