Moving to America and living there while we “wait out” my wife’s green card process. Is this possible?

Little about my situation:

  • Family of four (one more on the way);
  • Myself and all children are US citizens with passports;
  • We are applying for a spouse visa for my wife (only non-US citizen in our family);
  • Currently on the documents review stage.

In august we submitted all documents for my wife’s greencard; we just got a response a couple days ago and a couple documents need adjusting and there was a request for evidence as to the petitioner’s (me) domicile.

Since we are living together as a family, I am obviously not domiciled in the USA and I only now better understand the weight of that issue. But as far as I can tell, we are really only a few months out from my wife getting an interview at the embassy (assuming of course the documents get approved).

My wife currently has a valid tourist visa that she has traveled on before since our i-130 got approved and since the question of domicile has come up we were thinking of moving to the USA, found a place to live (i.e. re-establish my domicile), enroll the kids in school, etc. and wait for response on documents there in the USA.

When everything is approved and we can schedule an interview, we’ll go back to her country and get the interview and visa, then return back to our new home in the USA.

Provided we do not violate any of the terms of her tourist visa (i.e no overstaying or working, etc), is this a legal/admissible option to wait out the remainder of our greencard process? What are some potential risks to this strategy?

Would love some input on this.


submitted by /u/ItWouldBeGrand
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