Proving Domicile

[jonp31]

Hey guys, this is my first post. I came across the website a few weeks ago and am finding it awfully helpful and informative. I was wondering/hoping someone out there may have a similar experience to mine and could offer some advice ...

I've been teaching English here in China for over 3 years and met my fiancee while here. I'm not too worried about proving we have a bonafide relationship (applying for the K-1, by the way) but do have some worries about the I-134. I'll have my brother as a joint-sponsor as the money I make here isn't much once translated into USD, and besides, going back to the States my current job and salary will be a moot point. I've read about showing evidence for the plan to re-establish residence in the US (proof of owning property, enrolling kids in school, job interviews lined up, etc). I own no property, I came here right after my college graduation. I have no kids to enroll in school. And since my contract won't end here until July, I can't really get jobs lined up so far in advance.

Does anyone have experience with having lived in China and then taking a fiancee back to the States to establish residence there together? Do you think this will be a problem (especially having to wait till arrival in the States to find a job and rent a place)? I've got an active account with Bank of America and also a credit card from another bank, both of which are in use from time to time.

Any advice/comments would be greatly appreciated!

[dnoblett]

Two things;

 

FIRST: Why are you doing a K-1??? Why not marry there and file an I-130 for a spousal visa?? You can file the spousal visa petition to the US consulate or the Embassy in Beijing ("DCF"), more than likely you will have a spousal visa by the time you return to the USA next July, You cannot file for a K-1 (DCF) at a consulate in China, the K-1 petition needs to be mailed to the USA for processing.. Spousal (CR-1) visa gets a green-card the moment they enter the USA, NO adjustment of status needed like a K-1. Filing the spouse visa petition there will save some time processing, and if you file within a month or so the visa interview should happen sometime before next July.

 

A K-1 will cost you $1000 MORE that a spousal visa filed in China.

 

K-1

I-129F: $455

Consulate: $350

AOS: $1010

($1815)

 

CR-1

I-130: $355

NVC I-864: $70 (Not charged when filing DCF)

NVC Visa fee: $400 ($355+$45) (Charged by the consulate at interview time when DCF)

($825) ($755 when filed DCF)

 

SECOND; As for domicile, Do you have a Valid US driver's license? Receive mail at a parent's home? Maintained a US back account?

 

Our Mod Kyle knows all about filing for a spousal visa DCF, he too spent several years in China.

Edited September 27, 2010 by dnoblett (see edit history)

[Kyle]

When I was in Guangzhou, the VO gave me a copy of the criteria they use to determine domicile has been met.

 

http://www.state.gov/documents/organization/86988.pdf

 

For folks like us (people who have lived in China for an extended period of time) domicile is a big issue prove. Jingjing and I included the following items to help prove my US domicile.

 

Domicile Documents

 

1. Vanguard Retirement Account ¨C Wife primary beneficiary

2. Statement of Checking Acct (credit union) ¨C One per year 2007-09 Wife joint-owner

3. Sharebuilder Investment portfolio

4. Capital One credit card statement ¨C One month

5. My driver's license

6. My updated resume

7. Monster.com contacts requesting interviews after I returned to the States. I printed out three emails. These were legitimate contacts from people I would be interested in working for. They weren't for show.

8. Pictures of the apartment where we would be staying.

9. Voter registration card

 

I've included a bunch of other stuff, which you can find here.

 

http://candleforlove.com/forums/index.php?showtopic=39544&view=findpost&p=536147

 

Again, I probably over-killed the issue, but it worked nonetheless.

[jonp31]

dnoblett, thanks for the advice and breaking down the costs on both the K-1 and CR-1; and as you said it definitely does look economically like a better idea to do the latter, but there are other factors that make the K-1 the best option for us.

 

I do have a valid driver's license ... will be good for another 40 years (what's not to love about the USA? ) and have been kindly allowing my brothers to receive my mail. I didn't think that would say anything necessarily about my intentions of going back, but I guess the fact that I've not cut off all ties means something (if I inferred correctly from your question).

 

And Kyle, thanks too for your advice and the link to what you compiled. Very helpful.

[dnoblett]

dnoblett, thanks for the advice and breaking down the costs on both the K-1 and CR-1; and as you said it definitely does look economically like a better idea to do the latter, but there are other factors that make the K-1 the best option for us.

 

I do have a valid driver's license ... will be good for another 40 years (what's not to love about the USA? ) and have been kindly allowing my brothers to receive my mail. I didn't think that would say anything necessarily about my intentions of going back, but I guess the fact that I've not cut off all ties means something (if I inferred correctly from your question).

 

And Kyle, thanks too for your advice and the link to what you compiled. Very helpful.

Use your brother's place as your domicile, probably can have your brother write a letter explaining that you have been using his place as your domicile while you have been "Temporarily" out of the country, and will be staying with him after returning to the USA until you find a place of your own, get this letter notarized.

[xiaofeizhu]

I was out of the country (US) for three years (two years in Japan, one year in China) when I decided to move back with my husband. For my domicile, I provided only a few documents and I had no problems with domicile (it never really came up in my husband's interview)

 

1. Driver's license copy (luckily I renewed my license on one of my trips back home, so it showed an issue date that was between the time I was living abroad)

2. Copy of all my taxes. I still filed even with no income. 2007 was filed joint (you will not have joint since you are K1)

3. Affidavit from mom saying my hubby and I would live with her upon our return to Hawaii

4. Was able to get my hubby on my credit union account; showed statements from the CU showing deposits and withdrawls while I lived overseas

5. US-issued credit card statements (a few from every year) that showed I was maintaning my credit card (both charging and paying)

6. I voted while overseas (2006) by absentee ballot and showed the proof of voting (luckily I kept it!) also showed I was registered for my district in Hawaii

7. Since I planned to attend university after returning to Hawaii, I applied and showed an acceptance letter for the univeristy here

 

Hope these help. Anything that you have, you can submit. Not all things will apply to you, so submit what you feel comfortable submitting. I am sure you will breeze through. Best wishes!

[jonp31]

I am sure you will breeze through.

 

I hope so!

 

Glad to hear domicile wasn't a big issue for you guys. That's reassuring. I'll provide as much as I can think of (and take your advice) and then just hope for the same result!

[Rob and WeiLing]

dnoblett, thanks for the advice and breaking down the costs on both the K-1 and CR-1; and as you said it definitely does look economically like a better idea to do the latter, but there are other factors that make the K-1 the best option for us.

 

Do you mind if I ask what some of those other factors are? I don't really see advantages to the K-1:

• K-1 is much more expensive than DCF
  
• K-1 is generally more restrictive when entering the US and your fiancee will--for all intents and purposes--be considered an illegal. There's a whole section of this form for post-entry K-1 troubles. CR-1 (through DCF) grants immediate green card status and social security card application is automatic upon entry. You don't have to do anything extra.
  
• Trends seem to show that DCF is considerably faster; again, each case is different.

 

The only advantage I'm seeing is that your marriage certificate will be issued in the US instead of China. If you get the marriage certificate in China, nothing would stop you from having the ceremony in the US later...

 

Again, I'd be very interested to know the factors that make K-1 better---but only if you're willing to share.

[Randy W]

dnoblett, thanks for the advice and breaking down the costs on both the K-1 and CR-1; and as you said it definitely does look economically like a better idea to do the latter, but there are other factors that make the K-1 the best option for us.

 

Do you mind if I ask what some of those other factors are? I don't really see advantages to the K-1:

• K-1 is much more expensive than DCF
• K-1 is generally more restrictive when entering the US and your fiancee will--for all intents and purposes--be considered an illegal. There's a whole section of this form for post-entry K-1 troubles. CR-1 (through DCF) grants immediate green card status and social security card application is automatic upon entry. You don't have to do anything extra.
• Trends seem to show that DCF is considerably faster; again, each case is different.

 

The only advantage I'm seeing is that your marriage certificate will be issued in the US instead of China. If you get the marriage certificate in China, nothing would stop you from having the ceremony in the US later...

 

Again, I'd be very interested to know the factors that make K-1 better---but only if you're willing to share.

 

ABSOLUTELY not true. I know you meant that she will most likely be unable to work or drive, but that's an overly strong way of stating that. She would be as legal as anyone, and unlikely to have any trouble with law enforcement, even in Arizona.

[dnoblett]

Do you mind if I ask what some of those other factors are? I don't really see advantages to the K-1:

• K-1 is much more expensive than DCF
• K-1 is generally more restrictive when entering the US and your fiancee will--for all intents and purposes--be considered an illegal. There's a whole section of this form for post-entry K-1 troubles. CR-1 (through DCF) grants immediate green card status and social security card application is automatic upon entry. You don't have to do anything extra.
• Trends seem to show that DCF is considerably faster; again, each case is different.

 

The only advantage I'm seeing is that your marriage certificate will be issued in the US instead of China. If you get the marriage certificate in China, nothing would stop you from having the ceremony in the US later...

 

Again, I'd be very interested to know the factors that make K-1 better---but only if you're willing to share.

 

ABSOLUTELY not true. I know you meant that she will most likely be unable to work or drive, but that's an overly strong way of stating that. She would be as legal as anyone, and unlikely to have any trouble with law enforcement, even in Arizona.

Agree, a K-1allows legal entry and stay of 90 days same status as a tourist only it allows marriage.

 

One factor is a case where there is a potential step child involved yhat will turn 18 before marriage in China, in this case if step child is 18 or older at time of marriage then step parrent would not be able to petition for child and child would have to remain behind. K-1/2 allows child older than 18 but younger than 21 a visa and can adjust status based on K-2 and parents marriage.

 

We have another thread going in this forum were I advised to do K-1 for this reason. http://candleforlove.com/forums/index.php?showtopic=42375

Edited October 15, 2010 by dnoblett (see edit history)

[jonp31]

 

Do you mind if I ask what some of those other factors are? I don't really see advantages to the K-1:

 

The only advantage I'm seeing is that your marriage certificate will be issued in the US instead of China. If you get the marriage certificate in China, nothing would stop you from having the ceremony in the US later...

 

Again, I'd be very interested to know the factors that make K-1 better---but only if you're willing to share.

 

 

Sorry for the late response, didn't mean to ignore your question... I had just assumed this thread was finished and that no one else would write so I hadn't gone back to look until today. I don't mind sharing the factors that lead us to the K-1 as opposed to marriage in China ... most importantly it's in accord with my fiance's parents' wishes that she graduate (which she will be doing come summer) before we get married; also she would face a lot of hurdles with the university if she were to try to get married while in school. I have no idea if our university here is "special" in that way or if that's common around China, but I can assure you having finished 3 years here and starting the 4th that at least at THIS particular school it would be a problem. Well, sure we probably could keep it under wraps and just get a legal certificate but that would require a lot of further explanation later. On the other hand, if we were to wait for her to graduate and then get married and file I would need to sign another contract to stay in China and end up being here up to another year longer than if we were to leave right away and get married in the States.

 

Hope that satisfies the curiosity

 

Oh, and perhaps I've just been conditioned to the looks and reactions from some people here (not on CFL, but here in China) when they find my fiancee's a student that I have an instinct to always add: she was never one of my students and we're only 2 years apart.