proving domicile

[andywv 0]

Hi All , we are going through the system AGAIN ,does anyone know or has anyone had to prove domicile for U.S. wife? my wife and kids have been with me in the U.K. since oct 2006 after i was denied aos , apparently ,we have to prove she still has domicile in the U.S. ?? ####### ! how can she have ? she lives here because they basically gave her no choice other than leaving me ! any thoughts on this ??

[trailmix 77]

Hi All , we are going through the system AGAIN ,does anyone know or has anyone had to prove domicile for U.S. wife? my wife and kids have been with me in the U.K. since oct 2006 after i was denied aos , apparently ,we have to prove she still has domicile in the U.S. ?? ####### ! how can she have ? she lives here because they basically gave her no choice other than leaving me ! any thoughts on this ??

There have been many discussions about this on VJ.

You basically have two ways you can look at this. You can either prove that your absence from the U.S. is 'temporary' or that 'in good faith' you intend to go to the United States no later than the intending immigrant.

So it depends which one you think applies to you what proof you will supply.

It's a good idea to check out the domicile area of the I-864, it gives some examples. Once you have decided which way you wish to go, either do a search here or post and I'm sure you will get a lot of suggestions

Edited January 28, 2008 by trailmix

[YuAndDan 153]

US citizen, maintains a US bank account, US mailing address like a parent's home, US driver's license, Voter registration card, File IRS returns every year.

Good reading is on the US Embassy website in London.

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

Most US citizens doing DCF at any consulate, will start steps to re-establishing domicile before the visa interview like, returning to USA and actively seeking employment, and housing. They also tend to rely on a joint-sponsor because in most cases the US citizen spouse will not have a income after entry to the USA using the immigrant visa.

[andywv 0]

US citizen, maintains a US bank account, US mailing address like a parent's home, US driver's license, Voter registration card, File IRS returns every year.

Good reading is on the US Embassy website in London.

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

Most US citizens doing DCF at any consulate, will start steps to re-establishing domicile before the visa interview like, returning to USA and actively seeking employment, and housing. They also tend to rely on a joint-sponsor because in most cases the US citizen spouse will not have a income after entry to the USA using the immigrant visa.

hi ,thanks for the reply , hmm ,grey area , we have a difficult case and its in the lap of the gods { adjudicator } as to wether i get my imm visa or not , so we cant really do anything as regards to renting a house etc until we know there decision ! we have filed taxes , drivers licences have expired and cant be renewed on line ! i have a bank account ,wife doesnt we just used mine and had two atm cards , HELP !!!

[Nutty 2]

Items that prove domicile is maintained in USA:

Current state driver's license or id

Mailing address

Bank accounts - or - other financial accounts with a US address

[YuAndDan 153]

hi ,thanks for the reply , hmm ,grey area , we have a difficult case and its in the lap of the gods { adjudicator } as to wether i get my imm visa or not , so we cant really do anything as regards to renting a house etc until we know there decision ! we have filed taxes , drivers licences have expired and cant be renewed on line ! i have a bank account ,wife doesnt we just used mine and had two atm cards , HELP !!!

This is a catch 22, US Citizen spouse MUST provide I-864, and in order to provide I-864 US citizen must attach IRS returns, and proof that they did not give up domicile, that living out of the country was temporary in nature, or provide good evidence that they are in the process of re-establishing US domicile.

The US embassy has this:

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.

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

[j.debonis 0]

You're wife was/is required to file IRS tax return even though she was living abroad. I hope she did this. She has to declare her foreign income to the U.S. IRS but is not taxable unless over $80,000 or so. I know that will not help her (re)establish domicile but it's good info she needs to know. If she failed to file, she should do so.