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Petitioning my wife for GC while living overseas

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  • Petitioning my wife for GC while living overseas

    Hello forum,
    I am a US citizen living overseas because of my marriage and our daughter's education.
    About a year and half ago I petirioned my wife for a green card and everything was working fine until our case got transferred to NVC. They recently contacted us and they questions my residency in USA. For last six years, I have been residing in Europe because of the fact that I am married to someone whp cannot come to US easily and we have a kid born in Europe. Obviously, our intent is to move to US once my wife is granted permanent residency.

    I though that as a US citizen I could petition my wife to a green card no matter what the condition is. I find it very weird that they would question this.

    What would be the best course of action for me to take?

    Thanks..


  • #2
    For the I-864 Affidavit of Support, you need to be either domiciled in the US, or plan to re-establish domicile no later than when your spouse immigrates. See I-864 instructions for Part 4, item 5 (on page 5):
    If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply​:
    1. You are employed by a certain organization. [...]
    2. You are living abroad temporarily. [...]
    3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.​ [...]

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      For the I-864 Affidavit of Support, you need to be either domiciled in the US, or plan to re-establish domicile no later than when your spouse immigrates. See I-864 instructions for Part 4, item 5 (on page 5):
      Thank you for your response. I work for a US company in US. I commute on monthly basis. I own multiple properties in US. I think these are valid proof that once we have the wife processed, we are planning to move to US.

      I am just curious about how to approach this request by NVC? Is getting a letter from my employer and showing the multiple home ownership is good enough for them? Is there a special form that I will have to submit to them?

      Thanks..

      Comment

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