Which visa for this situation?

[BritishGuy36 0]

Ok. According to the step-by-step instructions in the I-864 form, Part 4, question 15, it says:

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the

United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following

conditions apply:

...one of those conditions is...

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time

no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you

have taken to establish domicile as described above.

So I guess it's a case of showing enough intent to live permanently in the US. This worries me. Of course we plan to live there - but it's a case of convincing someone else.

I suppose given that the form states "This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future" - that is asking two different things, if you live in the UK but for the foreseeable future, you plan to reside in the US. I guess it wouldn't technically be lying to put the US address....but....it worries me to do that.

We aren't going to buy a place over there before applying for the Visa, won't have jobs, and don't have kids.

The only things I can think of that may help are trying to open a bank account, and perhaps getting a letter off my wife's grandma to state that we can live with her for an indefinite period. Other than that I'm not sure there's anything we can do.

What worries me is that if we get a USCIS official who is in a bad mood or something like that, is that our whole case could be determined on that. Not a nice situation to be in.

Edited February 8, 2008 by BritishGuy36

[gwenneh 7]

....but....it worries me to do that.

Don't worry. That really is how it's supposed to be done. I was stressed about the whole domicile thing, but they didn't even ask about it at the interview.

The bank account and letter from grandma will help, though.

[BritishGuy36 0]

But what if we put that she is domiciled in the US then they grill us about it? The only thing my wife has with a US address on it, is her temporary drivers permit which expired over 10 years ago.....

This issue is getting me really worried now.

[Lansbury 19]

You have taken concrete steps to reestablish your domicile at the time of your entry into the USA. You have firm plans that you will live with your in-laws. You intended to do this and all parties have agreed that you will and are able to do so.

I am fairly sure that my wife only put our UK address on the I-864. Elmcitymaven says she put a US address neither of us had any problems at all.

Perhaps a letter from grandma wouldn't go amiss confirm what you all have planned.

I really do believe you are worrying unnecessarily, the official in London will only be a problem if you tell them you are not domiciled. In your post item C is clearly being complied with and you are therefore domiciled.

[BritishGuy36 0]

Sorry if I am repeating myself guys. This thing just has me flustered. It probably seems a bit laughable to you folks who have already done all this stuff with no problems.

Lansbury - regarding your last post. If your wife only put your UK address on the I-864, does that mean she put "UK" in the "country of domicile" field? And they still granted your visa?

[Lansbury 19]

Sorry if I am repeating myself guys. This thing just has me flustered. It probably seems a bit laughable to you folks who have already done all this stuff with no problems.

Lansbury - regarding your last post. If your wife only put your UK address on the I-864, does that mean she put "UK" in the "country of domicile" field? And they still granted your visa?

Sorry I shouldn't have relied on memory. Just looked at the copies of the forms and on the visa application we put her address as the Oregon address. Country of Domicile USA. For her telephone number we put our Oregon one which as we had VoIP would actually ring the phone in our house in London.

My address and telephone was our London address and phone number.

They never asked any questions about her address at all. Accepted what was on the forms without asking for any documents to support it, and she was standing right next to me the whole time I was being interviewed at the Embassy.

Full understand your concern it isn't laughable at all. It is my impression that as long as you are a genuine applicant and your paperwork is in order they are not looking to trip you up on a technicality, hence domicile rules are very liberally interrupted.

A common theme in peoples reports of their interview day is how easy it is and what an anti climax it all was. But we all worried about every little thing just as you are.

Edited February 8, 2008 by Lansbury

[trailmix 77]

Sorry if I am repeating myself guys. This thing just has me flustered. It probably seems a bit laughable to you folks who have already done all this stuff with no problems.

Lansbury - regarding your last post. If your wife only put your UK address on the I-864, does that mean she put "UK" in the "country of domicile" field? And they still granted your visa?

Hi,

Obviously we aren't going through the London Embassy, but domicile is domicile We both live in Canada. I don't think your questions are laughable at all, you are correct that the domicile issue is important.

I entered U.S. as my country of domicile on the I-864. In discussing this with another member (Colin Wilson - also a Canadian) they entered 'Canada' - he was approved.

As mentioned, you are basically going to need to go with item C on the list you posted - which is what we are doing. I did receive an RFE from NVC to provide more proof of domicile with my I-864. With my initial submission I sent a letter from my Sister (stating we would be living with them), joint U.S. bank account information and a letter from myself, stating that I intend in good faith to reestablish my domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status

I opened a joint bank account with my Sister (she is in the U.S.).

When I resubmitted it I included (for reference - we sent in our I-130 in March of 2007):

- U.S. Bank Statement (with Sister's U.S. address on it)

- Copy of my application for a SSN from March of 2007

- Print out of online moving quote for March of 2008

- Letter from my Sister - stating that we will be living at her address and they should feel free to contact her to confirm this.

- Letter from me as I mentioned above.

- Copy of a letter from our Lawyer regarding the sale of our house from February of 2007

[BritishGuy36 0]

With my initial submission I sent a letter from my Sister (stating we would be living with them), joint U.S. bank account information and a letter from myself, stating that I intend in good faith to reestablish my domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status

You sent all that and they STILL wanted MORE evidence?!?!

Mind you, that was NVC. Goodness, I'm glad the London Embassy don't seem to be that strict....I'd never get a visa in a month of Sundays.

[trailmix 77]

With my initial submission I sent a letter from my Sister (stating we would be living with them), joint U.S. bank account information and a letter from myself, stating that I intend in good faith to reestablish my domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status

You sent all that and they STILL wanted MORE evidence?!?!

Mind you, that was NVC. Goodness, I'm glad the London Embassy don't seem to be that strict....I'd never get a visa in a month of Sundays.

Mostly I have heard only good things about the London Embassy - not all, but mostly. You will probably be fine

[BritishGuy36 0]

That's the thing....everyone says "probably"...."should be"...."might be".....there's not really any way to be certain - hence my trepidation.

I found a great link about domicile on another website, it's a page from USCIS London's website:

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

[Lansbury 19]

That's the thing....everyone says "probably"...."should be"...."might be".....there's not really any way to be certain - hence my trepidation.

I found a great link about domicile on another website, it's a page from USCIS London's website:

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

Well if that page doesnt put your mind at rest nothing will.

No one on here can say anything is definite when if comes to something like this but you are as near to 100% as they come.

[trailmix 77]

Agreed. Domicile is open for interpretation. Most of the time it isn't a problem if you have provided some good solid proof.

Edited February 9, 2008 by trailmix

[BritishGuy36 0]

Ok. Next problem. The wife has to get the last 3 years tax submissions filed. Forms 1040, 2555, 1116 and Schedule C.

The tax forms are INCOMPREHENSIBLE, in places. I'm not thick, my IQ is 149, for goodness sake. How the hell anyone manages to file taxes from overseas is beyond me.

Does anyone have any ideas on where to get advice on how to complete these forms, short of hiring an expensive tax expert to prepare the paperwork? Yes, I've trawled through the ludicrous 155-page "information" PDF for the 1040.

It's more about actually calculating the tax amount that is my issue, which is utterly pointless anyway, given that she qualifies to not pay any tax as her income is well under the threshold for overseas earnings.

What a drag.

Edited February 12, 2008 by BritishGuy36

[trailmix 77]

Apparently there is tax help available at the U.S. Embassy in London, at no charge, it's been discussed in the UK forum a bit.

Here is the link to that info at the Embassy site:

http://www.usembassy.org.uk/irs/index.htm

Edited February 12, 2008 by trailmix

[BritishGuy36 0]

Yeah the embassy will help you with what forms you need under which circumstances; not sure they give you free advice on actually filling in the forms.