Do I have to go back to the States?

[saradanielle 2]

I would really like some advice from someone who is in a similar situation or who would know about this...

I realize that this is the forum for DCF filers but maybe someone has some insight for me, as I seem to be in a unique situation here...

I am currently living in Brazil with my husband and hoping to stay here until his visa is issued, at which time we will both go to the States together. I have had to file through USCIS, because I did not have the proper resident conditions to file directly through the Consulate here. I do have a co-sponsor, since I am obviously not working in the US at the moment.

I am currently waiting for my I-130 approval (NOA2), which I filed in mid-August of 2007. The next step is, of course, NVC, where I will need to provide the I-864, etc.

I spoke with an attorney who works with the attorney that I hired, with regard to filling out my I-864. She said that she does not believe that I can stay in Brazil with my husband until his visa is issued. She says I need to establish my domicile in the US, which means returning there to work, etc. I have enquired as to whether I can list my domicile as being in the US but explaining that I am temporarily residing in Brazil until the visa is issued.

Does anyone know how this works or has some relative experience that they can relate? That would be extremely helpful as I really don´t want to have to go back to the States right now unless I have no choice.

Please advise.... thank you!

[trailmix 77]

You might find this thread somewhat useful:

http://www.visajourney.com/forums/index.php?showtopic=90629

Domicile is a bit complex, you do not necessarily need to be living in the United States to prove domicile (for instance, we did not DCF and we both live in Canada).

Strange that the attorney told you she does not 'believe' that you can stay with your Husband in Brazil until his visa is issued. That is not true in all cases and one would hope that she would investigate it for you, rather than guessing.

I would recommend that you read all of the instructions for domicile on the I-864, in particular page 6:

B. You are living abroad temporarily.

and

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.

Edited February 27, 2008 by trailmix

[mrsaright 0]

"Domicile" has a special definition for purposes of immigration because it does not mean 'where you're shacked up'--it means where you will make your [reasonably] permanent residence/address in the U.S. To show you have domicile in the U.S. you should show drivers license, bank account, voter registration, credit cards, bills, or rental contracts all registered at one address. Drivers license, voter registration and bank account are pretty important, because they're normally only registerable for one address.

Also, if you're going to be staying in Brasil, it would be for temporary purposes (how long would you be staying in Brasil by the time of the interview? Few months or more like a few years?) If you'll be out of the country for more than a few months (less than 6 months) then I would be sure that you can maintain these necessary documents (i.e. make sure nothing will expire while you're out of the country) until the time of the interview or else you'll probably need to physically return to the U.S. to reapply for things (i.e. if drivers license expires or your bank account gets closed).. and that's more an annoyance than anything really.

I would be curious to ask why the attorney said you can't live in Brazil. Have you applied for Brazilian residence? This could kind of make it look like you're trying to "give up" your residence in the U.S. but your Brazilian residency doesn't become official until you actually get your residency approved, which takes a few years in some cases. And if you have an established address in the U.S. with the right to have a drivers license, bank account, voter registration at a U.S. address, then you will be fulfilling the requirement regardless of the status of your Brazilian residency. hope this helps.

[trailmix 77]

"Domicile" has a special definition for purposes of immigration because it does not mean 'where you're shacked up'--it means where you will make your [reasonably] permanent residence/address in the U.S. To show you have domicile in the U.S. you should show drivers license, bank account, voter registration, credit cards, bills, or rental contracts all registered at one address. Drivers license, voter registration and bank account are pretty important, because they're normally only registerable for one address.

While this is also true, just don't want to confuse the OP. You do not necessarily need to have these things - you can use items that prove that you:

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.

Basically you need to decide what you are proving - as mrsaright mentioned, you may want to prove that you are only residing abroad temporarily - if you have been there for years, you may want to prove that you will reestablish your domicile no later than the immigrant.

They are two different approaches, the evidence you provide to say hey, I'm just living overseas temporarily and the evidence you provide to say - hey we are moving as soon as he gets his visa - are different.