If I’m a US citizen and have permanent residence in the UK, is there any way my husband, can apply for immigration without me having to move back to the US to establish domicile?

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If I’m a US citizen and have permanent residence in the UK, is there any way my husband, can apply for immigration without me having to move back to the US to establish domicile?

My husband is a UK citizen. I have been living in London with my husband for almost 7 years and have permanent residence in the UK but we are wishing to move to the USA to live. I visit the US on a yearly basis, still have a bank account in the US pay US federal student loans, have filed US taxes and voted under my parents address, However I’m not sure that this would be considered domicile as I have permanent residence in London. Is there any way to apply for my husband to immigrate to the US without me first moving back to the US and finding a job there, etc?

Asked on February 16, 2017 under Immigration Law, Alaska

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I'm afraid that would not be possible.  You can file and have the petition pending while still living in the US but before the visa can be issued you would have to establish domicile in the US.  Otherwise, the visa will not be granted to your spouse.


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