Getting GC for wife while we live in Kuwat

S

spazlon

Registered Users (C)
My Korean wife and I are currently living in Kuwait where I am a DoD contractor. Our goal is for her to be able to get a job here in Kuwait working for a US company (like me). The process we thought we needed to go through was to get a US residency visa, then a green card. This is what happened...

We went to the US Embassy here (about 8 months ago) and had our first interview (everything went great), then our second interview a few weeks ago. During our second interview they said they could not process our application because I was not able to prove I had a domicile in the US. I have receipts from a storage unit I am paying monthly, all of my paychecks go to a US bank, all of my family are in the states, I am a US citizen, and I make several investments in US banks every month (either in stocks, bonds or funds of some sort). I'm not sure what else I can do to prove domicile in the US except to actually purchase a house.

The lady we interviewed with said I would have to quit my job here and show that I was destined for the US before we could have a second interview. This doesn't make sense to me because my wife can just get a travel visa and do everything in the US if we wanted do it that way.

The embassy took our $300 for the first interview and $400 for the second. Since they won't actually give me a second interview, shouldn't I get the $400 for the second interview back?


Anyway, I was talking to another contractor here in Kuwait and he said he and his Filipino wife simply applied for a GC here in Kuwait instead of doing the whole residency visa stuff.

Is this something that can be easily done? If so, do I still have to go through all of the interviews and everything? From reading the threads on this site it seems like the same forms are required.

Maybe I just have my terms or information mixed up.

Thanks!

- Ryan
 
Yes, that was part of our second interview. The lady that we spoke with said they would not turn in our information until I was able to show domicile in the US. My packet is still sitting at the Embassy right now.
 
spazlon said:
Anyway, I was talking to another contractor here in Kuwait and he said he and his Filipino wife simply applied for a GC here in Kuwait instead of doing the whole residency visa stuff.
Click to expand...
????? They simply applied for a GC in Kuwait? Isn't that the same thing you were doing? Or were you applying for a K visa? And how on earth would his wife get a GC via the embassy in Kuwait without obtaining an immigrant visa? What is going on?
 
Why does she need a US visa to work in Kuwait?

The embassy is correct in not giving the immigrant visa until you prove you live in the US, and will be living together there. I'd question your original premise.
 
TheRealCanadian said:
Why does she need a US visa to work in Kuwait?
Click to expand...
I interpreted the statement to mean the guy's Filipino wife applied for a US green card via the consulate in Kuwait. What I don't understand is the other part about "instead of doing the whole residency visa stuff", because obtaining a green card via consular processing would have to involve an immigrant visa.
 
I was applying for a residency visa for her, then we are going to get a reentry visa so she could come live with me here in Kuwait.

This guy said that his wife hasn't been to the states yet. They simply applied for a GC (which I thought was a residency visa) and she was given one while she was still here in Kuwait. He was asking why I was doing it the way I was, but I didn't know of another way so I came here.
 
the consular officer is right - you don't have a domicile in the US, and therefore your wife doesn't need to have a GC in order TO LIVE IN THE US WITH YOU, since you don't live there yourself. Wait till you are ready to move to the States together and then get her an immigrant visa.
 
spazlon said:
This guy said that his wife hasn't been to the states yet. They simply applied for a GC (which I thought was a residency visa) and she was given one while she was still here in Kuwait. He was asking why I was doing it the way I was, but I didn't know of another way so I came here.
Click to expand...

immigrant visa is only good for 6 months. If she doesn't go to the States within that time period, her visa will expire and they will have to pay for a new one. I have a suspicion that your contractor friend doesn't know what he is doing.
 
Well is there any way to get her a work permit so she can get a job with a US company here?

Also, how long before I go back should I start the GC process again? We have about 8 months before we go back.
 
a US work permit in Kuwait? I don't think it will work.

Since the consular officer wants you to establish domicile in the US first, I think it would make sense for you to come back and for your wife to follow you later with an immigrant visa.
 
That is ridiculous. There is no way for me to get my wife a GC without me going back to the states first?

What if I just buy a house in a couple months when I go home on leave and when I come back show them the papers for the house?

I guess what I am saying is, what are the criteria for a domicile in the US? Do I actually have to reside there or do I just have to show that I am temporarily here in Kuwait and planning on going back to the states.

From my understanding, they just want to make sure that I do intend on going back to the states with my wife.
 
There is no set criteria, just like overcoming 214(b). Buying a home in the US and attending job interviews in the US is a step in the right direction. Basically you have to convince the consul that you are going to be making the US your home. If a little separation is needed, then consider it a good investment.

spazlon said:
I guess what I am saying is, what are the criteria for a domicile in the US?
Click to expand...
 
Last edited by a moderator:
Domicile

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.
Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

* He/she left the United States for a limited and not indefinite period of time,
* He/she intended to maintain a domicile in the United States, and
* He/she has evidence of continued ties to the United States.

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

* Employment by the U.S. government
* Employment by an American institution of research recognized by the Attorney General
* Employment by an American 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
* Employment with a public international organization in which the United States participates by treaty or statute
* Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
* Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination


For More information
http://travel.state.gov/visa/immigrants/info/info_3183.html#_Domicile
 
spazlon said:
Well is there any way to get her a work permit so she can get a job with a US company here?

Also, how long before I go back should I start the GC process again? We have about 8 months before we go back.
Click to expand...

She doesn't need a US work permit to work outside the US.
 
You must log in or register to reply here.
Top