Proving domicile when not living in the U.S.

[jazzly 3]

Was she the young black lady? She was very nice with me as well.

[gad33 47]

Was she the young black lady? She was very nice with me as well.

Not sure who you are responding to.

[jazzly 3]

I was asking you. I am in AP as well. Had interview two months ago, sent domicile and I864 a month ago.

[gad33 47]

I was asking you. I am in AP as well. Had interview two months ago, sent domicile and I864 a month ago.

OK I was confused because the person who interviewed me was not nice and it was all such a bother to her to have to interview me.

[GitmeOuttaHere 0]

Just thought I'd let people know my experience of reestablishing domicile.

We have been married for a number of years so have just one household here in Canada, also my husband's parents are deceased so no convenient address that we could use. On all the forms my husband (USC) has used our Canadian address and completed country of domicile as Canada.

At Montreal the first person you see takes your original documents and checks the info from the forms that were submitted. I was asked if my husband was still in Canada and when I said yes my file was tagged domicile so I knew I was going to be asked about this at the interview. I was able to give her an address in the US as we had just purchased a house.

At the interview I was told that they have to be satisfied that domicile is being reestablished. I told the Con Off we had just bought a house and it was in escrow, gave her copies of the documentation. She was much more concerned that my husband had a job in the US. Although an employment letter was included with the I-864, I gave her a copy of hubby's employment letter. I was asked questions about his job and where he was located currently. My answers must have been satisfactory as she approved my visa.

I hope they don't give us a hard time....

I don't think the domicile thing will be an issue, as we have our house listed and ready to go, and we are heading South about a week before our interview in order to secure a US address where we are going to live, as we have no US relatives to live with.

We are going over based on assets, not income, and neither of us are going to have jobs when we get there (unless something changes before our interview date)

When we filled out the 864 we knew we were not going to make it on income and did the calculations using assets and sent supporting documents to prove assets.

That seemed to fly so I hope that we don't have any additional problems.

[gad33 47]

I hope they don't give us a hard time....

I don't think the domicile thing will be an issue, as we have our house listed and ready to go, and we are heading South about a week before our interview in order to secure a US address where we are going to live, as we have no US relatives to live with.

We are going over based on assets, not income, and neither of us are going to have jobs when we get there (unless something changes before our interview date)

When we filled out the 864 we knew we were not going to make it on income and did the calculations using assets and sent supporting documents to prove assets.

That seemed to fly so I hope that we don't have any additional problems.

Assets don't prove domicile. Assets are used for AOS. We used assets too.

We did not have a US address so used our Canadian address on all docs. When I handed in the original docs at the Consulate, the lady went through the DS 260 and asked if my husband was living in the US. I said no. She flagged my file domicile.

After the opening "how did you meet your husband" question from the Con Off, she told me that we had to show that the USC was reestablishing domicile. I had the docs to show we were buying a house in the US and it was in escrow. She wasn't really interested in that but was more interested in my husband's job. Although we had sent copies with the I864 I gave her a copy of the letter from his employer showing he would be working in the US. After various questions she seemed satisfied and granted me my visa.

You are either going to need proof of a lease or job offer(s) at the interview to show intent to reestablish domicile.

[Flames9_RN 358]

1 has to remember just buying a house isnt concrete evidence that ur moving back----as foreigners can buy property in the USA.

[pam_ellis 0]

If the USC does not permanently reside outside the US there is no need to establish evidence of domicile.

Guys, is this true?

Cos im very worried about that, My husband lives with me abroad, but he is in a tourist visa here, a temporary visa then.... also we didnt ask for this permanent residence here, since we are planning to come back to the U.S....

He is gonna register for next semestre college there, just renew his DL with here U.S Address, he maintained his U.S bank account and he is register to vote too... Also we have a lease contract to show we have a place to live in the U.S... But i was wonder if its necessary to worry about he proving his domicile in the U.S

Do you have any idea if its enough? or if is it necessary to proof?

Thanks a lot

[GitmeOuttaHere 0]

Assets don't prove domicile. Assets are used for AOS. We used assets too.

We did not have a US address so used our Canadian address on all docs. When I handed in the original docs at the Consulate, the lady went through the DS 260 and asked if my husband was living in the US. I said no. She flagged my file domicile.

After the opening "how did you meet your husband" question from the Con Off, she told me that we had to show that the USC was reestablishing domicile. I had the docs to show we were buying a house in the US and it was in escrow. She wasn't really interested in that but was more interested in my husband's job. Although we had sent copies with the I864 I gave her a copy of the letter from his employer showing he would be working in the US. After various questions she seemed satisfied and granted me my visa.

You are either going to need proof of a lease or job offer(s) at the interview to show intent to reestablish domicile.

We are planning on heading down to check out some apartments and come back with a lease...also check out the potential job market.

I recently spoke to a second cousin who lives about 3hrs from where we want to settle. And she offered up their home which is not being lived in right now as they are living in another state for the summer. I could get a document from her to specify that we are going to live there, however it is a bit too far from where we want to be.

I am not overly concerned about domicile as long as we have something.

[jazzly 3]

Pam, regardless of his status in your country, he needs to 'show' 'intent' to 're-establish' his domicile. Which means you guys have to show that you have already taken steps to move to US. These three words are very important. He doesn't neccessarily need to actually move to US, but make effort to facilitate your upcoming move. Be it, leasing an appartment, renewal of DL, getting vehicle registration, registration in voter's list (election is around the corner), if he is in talks with college/uni for admission etc, if you have given a 60 or 90 days notice at your current place, getting kids registered in US school, Kid's CRBA (if applicable), quotes from moving companies with your estimated stuff etc.

[gad33 47]

I am not overly concerned about domicile as long as we have something.

But that something has to be what the Con Off will accept. Canada seems to favour job offers but I know that isn't always feasible so make sure you have a lease document or similar. And make sure you take plenty of copies to the interview so you have one for the intake officer if necessary and one for the Con Off.

[Owie111 0]

Hi,

I will be flying to the U.S. tomorrow. I received my green card last August when I was in the U.S. I returned to Canada in mid August until December 2, when I went back to the U.S. to look for a small business. I arrived back in Canada on December 15 and stayed there till April 8. At this time, I was getting my house in Canada ready for sale. I went back to the U.S on April 8 for a 2 day vacation driving back to Canada on April 10. I have been in Canada since.

My question is, since I have U.S. residence, should I indicate on the U.S. customs form that my Country of residence is the U.S.? Is it true that the important thing to show the customs officials is that one doesn't stay away from the U.S. for more than 6 months at any given time and that he or she has intent to reside in the U.S? When I handed over my U.S immigrant Visa to a U.S. customs official last year at the airport before I got my green card, he indicated that this was a grey area and that the main thing is to show intent to live in the U.S., ie by buying a house, or by getting a job or business. He said if you come back after 2 years and say that you only briefly visited the U.S two times then the customs won't like it.

Thank you

[Flames9_RN 358]

Hi,

I will be flying to the U.S. tomorrow. I received my green card last August when I was in the U.S. I returned to Canada in mid August until December 2, when I went back to the U.S. to look for a small business. I arrived back in Canada on December 15 and stayed there till April 8. At this time, I was getting my house in Canada ready for sale. I went back to the U.S on April 8 for a 2 day vacation driving back to Canada on April 10. I have been in Canada since.

My question is, since I have U.S. residence, should I indicate on the U.S. customs form that my Country of residence is the U.S.? Is it true that the important thing to show the customs officials is that one doesn't stay away from the U.S. for more than 6 months at any given time and that he or she has intent to reside in the U.S? When I handed over my U.S immigrant Visa to a U.S. customs official last year at the airport before I got my green card, he indicated that this was a grey area and that the main thing is to show intent to live in the U.S., ie by buying a house, or by getting a job or business. He said if you come back after 2 years and say that you only briefly visited the U.S two times then the customs won't like it.

Thank you

With a Greencard, you are expected to be LIVING in the USA and if they don't believe you are, they can take back the Greencard. If one is going to be away for longer periods of time, there is a form one should file. And the beauty of it, each POE officer sees the rules a bit differently, so run into the POE officer that believes ur not living in the USA, say good bye to the greencard

[lucybelle 453]

Pam, regardless of his status in your country, he needs to 'show' 'intent' to 're-establish' his domicile. Which means you guys have to show that you have already taken steps to move to US. These three words are very important. He doesn't neccessarily need to actually move to US, but make effort to facilitate your upcoming move. Be it, leasing an appartment, renewal of DL, getting vehicle registration, registration in voter's list (election is around the corner), if he is in talks with college/uni for admission etc, if you have given a 60 or 90 days notice at your current place, getting kids registered in US school, Kid's CRBA (if applicable), quotes from moving companies with your estimated stuff etc.

I'm currently living in Costa Rica and am applying for temporary residency in the country so I can work legally. My boyfriend and I plan to get married next year and move back to the USA the year after. I can show:

-bank accounts

-credit card accounts

-medical insurance (maybe)

-voter registration

-mail sent to me to a US address

-driver's license

-teacher license

-taxes paid (this year)

Neither of us will have a job lined up, or university classes. We also don't plan on getting our own place, we'll probably stay with my mom for a few months until we get on our feet. We won't have movers, just packing what we can onto our 2 checked bags. I don't have a car, and won't buy one until I know we'll be back. I might have health insurance, depending on whether my dad's insurance will still cover me. (does anyone know if the new health bill covers up until 26 [25 and below] or 26 and under?)

Is my temporary residency going to hinder my ability to show I plan to re-establish domicile? Does this seem like enough "proof"?

[jazzly 3]

Add lease agreement with an owner or a relative in your list.

Your temporary residency means nothing to USCIS or Consulate. Its showing your 'intent' to move back, also interpreted as, 'steps taken to re-establish domicile' before you actually move to US. These two phrases sum up the requirement.