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T and M

DCF and domicile issues

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Hi all,

I have read a number of threads on the domicile issue, and I'm still not sure what to put on my I-864. We have been blessed with a surprise I-130 interview on Tuesday, which is why I'm trying to throw everything together, I-130 and DS-230....just in case.

So, our situation is thus: I am on a five-year student visa (been in the UK for two and half years). The US embassy has allowed us to file an I-130 for my wife, who is a Bolivian citizen and has been living with me in London for the past six months. We are planning to establish domicile in the US (GA, with parents) once the visa is granted in July (fingers crossed).

All that said, do I claim domicile in the UK (that would be difficult, because I own no property and have never worked in the UK) or in the US (that would be easier since I have bank accounts, a drivers license and tax returns.) Lastly, how do we prove that we are planning to establish domicile together in the US, other than show them our flight in July? My dad took back four huge bags, so I guess I could have him fax the receipt to show that we are moving "stuff" to Georgia. We only have four more huge bags, so we aren't using movers! We are planning on putting her name on my accounts in the US once there, but we can't do anything yet to show our "intent," can we?

Lastly, my tax returns are filed at my apartment in Washington, DC (my last US address) but my drivers license and bank accounts go to my parents address in GA, where we are planning to establish domicile. Will that be a problem?

WE HAVE A SURPRISE INTERVIEW ON TUESDAY, WHICH IS WHY I'M FREAKING OUT ABOUT EVERY LITTLE THING!!!

All best! And good luck to everyone.

DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

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You must claim US domicile and be able to show it in some way - address in the US, US accounts, valid US driver's license, etc. Any other domicile means that you cannot sponsor your wife to immigrant, which obviously is very bad! You can easily use your parents' address as proof of US domicile and bring something from your US bank (print something off showing your US address if you don't have an official statement) in case they ask about it. If they ask where you'll live in the US, just say you'll be staying at your normal US address with your parents until you've found your own place. And you're good to go. So again, make sure you put US for domicile! :)

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US Immigration Timeline

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: IR-1/CR-1 Visa Country: Ireland
Timeline

Hi Thomas,

I would say that since they've already accepted your application, they are happy with your eligibility to file DCF in the UK. The main thing they'll be looking for will be evidence of a bona fide relationship, and intention of re-establishing domicile in the US. I would expect that your bank account statments, and letters addressed to you at your parents house shoule be adequate.

The UK Wiki

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Hi Thomas,

I would say that since they've already accepted your application, they are happy with your eligibility to file DCF in the UK. The main thing they'll be looking for will be evidence of a bona fide relationship, and intention of re-establishing domicile in the US. I would expect that your bank account statments, and letters addressed to you at your parents house shoule be adequate.

Thanks guys!

To be honest, though, the joint bank statements weren't enough. We sent them in February and sworn affadavits from myself and three colleagues were requested and sent in May. This time, we are taking photos from the wedding and from all our travels over nine months, emails and messenger chats for nine months, and proof that we have traveled together.

As for proving intent to set up residence in the US, I will have my tax returns for 2005-2007, mail addressed to me at my parents house in GA. The only proof we have aside from that are the overweight luggage fees my dad paid when he took a bunch of our stuff to the US in May. We are taking the rest whenever this process ends...all by plane.

Again, thank you for your advice. I really hope they believe us this time. My parents keep asking us if we need letters from our Congressman or Senators, but i have heard those are worthless.

DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

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sorry, I should have said - I meant adequate for evidence of US domicile. I would think that the more relationship evidence you bring the better

Many thanks for all your kind comments! Our interview was performed by a nice young lady, who asked all sorts of questions about our life, our adventures...and all separately. I assume it all went well as she told Milena that we should expect a letter in the mail late this week or early next week! We can't wait for that case number!!! Dying to schedule the medical and hit the home stretch.

Thanks for all the support.

DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

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Fantastic! It should all fly now.

10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued

04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

03/09/2019- Sent I-130 to Chicago lock box for step-son

03/20/2019- NOA 1

08/10/2019-NOA 2

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