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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11911
Experience:  Write FOR JAMES to get my help!
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I'm currently living and working in Finland with my Finnish

Customer Question

I'm currently living and working in Finland with my Finnish wife. I'm wanting to get her to the states ASAP. I'm a U.S. citizen, but I know that me living and working here may have some affect on sponsorship and having a domicile in the U.S. I do however have someone who will draw up a lease for me to state that I do have a domicile in the U.S. Is having someone do that recommended or will it give any sort of issue? Also, will having a job in Finland be a major curveball?
My wife also has to travel back and forth to the U.S. a lot for work. Would having an I-130 being processed affect her ability to do so?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. Please answer the following: Is the document for the sole purpose of sponsorship? Or will you be living there eventually? Do you have any ties remaining in the US at all? Will who having a job be a curve ball? You? Or your spouse? What kind of visa does your wife use to travel to the US for work?
Customer: replied 2 years ago.
We would like to move to the states at the same time.My ties in the U.S. are my citizenship, the rest of my family (mother, father, brother, sister etc.), a bank account and possibly a lease to show residency.I'm wondering if me having a job in Finland is an issue, because it shows that I'm "domiciled" in Finland and not the U.S.Finland is a part of the Visa Waiver Program, so that's what she uses when she travels to the States
Expert:  Expert James replied 2 years ago.
Hi there. My sincerest apologies for the slight delay. Because Experts often work with several customers at the same time, we have to answer questions on a first come, first served basis. Therefore, delays are inevitable. Thank you for your patience and understanding. Will you be residing in the residence for which the lease is being drawn up? I realize this sounds irrelevant, but it is actually important. Also, were you working for a US employer abroad? If so, what type and in what capacity?
Customer: replied 2 years ago.
Don't worry, I understand you're busy.I'm actually working for a Finnish employer and I would like to continue to live in Finland with my wife until she gets an approved visa and can come to the states and work legally. Is this possible or do I have a problem because I'm living and working here? If so, what is our best option?
Expert:  Expert James replied 2 years ago.
Thank you. Kindly remmeber to rate my customer service to you before leaving this site. A positive rating is the only way I get credit for doing my job, so if you feel I've earned it, a postive rating is very much appreciated. It's sort of complicated, but I think there might be a chance you can overcome the domicile issue. First of all, you can file the I-130 petition from Finland. That is no problem. What becomes an issue is when you are trying to submit theI-864, Affidavit of Support, which requires a showing of domicile in the US. You can overcome this issue by satisfactorily showing the immigration authorities that you will establish a domicile in the US on or before the date of her admission to the US as an immigrant (vs. as a visitor). That includes seeking employment in the US, accepting a job, the lease, voting, among others. Now, the lease is helpful as evidence that you will have established a domicile in the US on or before the time your wife enters the US as an immigrant. In other words, the evidence of a US residence (including a lease) that you will live in is evidence that you intend to establish domicile in the US in the future. If you will use that lease and that property to live in the US, then it can be used to show a future intent to be domiciled in the US. But that, alone, likely will not be enough. I am providing a good resource at the end of this page, which explains how one can overcome the domicile issue. Take a look at it and let me know if you have any questions about it. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will bean additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, this is the ONLY way I get credit for helping you, so a positive rating is very important. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES"in the question and I will be your personal Expert in this category. Thank you! RESOURCE:
Expert:  Expert James replied 2 years ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!
Expert:  Expert James replied 2 years ago.
I received another notification that you require additional assistance. How can I help you further?