Residency requirement

[arakawa 0]

I had thought that I would be able to do a DCF, and the Tokyo embassy site is suitably vague about the "six-month residency" requirement, saying that people need a "residency permit/stamp." It does say that tourists or students aren't allowed, but I wonder if I could get around it by saying that I'm a PhD researcher here on an 18-month Japanese government fellowship and not just an undergraduate in for the semester or something. As far as the IRS is concerned, my residence is here, and I do not have any domicile back in the United States. (I'm going to have to have a parent sponsor the I-864.)

1) Is there any way around this?

2) Is there a procedure to ask for an exception?

3) Could I go to the I-130 interview I've already set up and hope for the best?

I could ask the embassy this, but I imagine I would only get one shot at this with no chance to appeal--if I get someone who is generally unsympathetic, that would be the end of it ...

Any thoughts on this? Does my argument sound valid?

[YuAndDan 153]

I had thought that I would be able to do a DCF, and the Tokyo embassy site is suitably vague about the "six-month residency" requirement, saying that people need a "residency permit/stamp." It does say that tourists or students aren't allowed, but I wonder if I could get around it by saying that I'm a PhD researcher here on an 18-month Japanese government fellowship and not just an undergraduate in for the semester or something. As far as the IRS is concerned, my residence is here, and I do not have any domicile back in the United States. (I'm going to have to have a parent sponsor the I-864.)

1) Is there any way around this?

2) Is there a procedure to ask for an exception?

3) Could I go to the I-130 interview I've already set up and hope for the best?

I could ask the embassy this, but I imagine I would only get one shot at this with no chance to appeal--if I get someone who is generally unsympathetic, that would be the end of it ...

Any thoughts on this? Does my argument sound valid?

You WILL have a problem with NOT having a US domicile. You WILL be REQUIRED as petitioner to be primary sponsor of the immigrant, and WILL be required to provide an I-864 to provide sponsorship, AND I-864 REQUIRES US DOMICILE. Yes you can use a parent as a JOINT sponsor.

MORE: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

1) Foreign residency is handled differently by USCIS ate the various consulates.

2) Provide evidence of residency at the interview.

3) Hope for the best.

[Chica Yeyé 41]

I had thought that I would be able to do a DCF, and the Tokyo embassy site is suitably vague about the "six-month residency" requirement, saying that people need a "residency permit/stamp." It does say that tourists or students aren't allowed, but I wonder if I could get around it by saying that I'm a PhD researcher here on an 18-month Japanese government fellowship and not just an undergraduate in for the semester or something. As far as the IRS is concerned, my residence is here, and I do not have any domicile back in the United States. (I'm going to have to have a parent sponsor the I-864.)

1) Is there any way around this?

2) Is there a procedure to ask for an exception?

3) Could I go to the I-130 interview I've already set up and hope for the best?

I could ask the embassy this, but I imagine I would only get one shot at this with no chance to appeal--if I get someone who is generally unsympathetic, that would be the end of it ...

Any thoughts on this? Does my argument sound valid?

Your argument is completely valid. We did DCF in a similar situation; both as foreign researchers and we did just fine. As far as domicile; we gave my in-laws address in the US, and of course explained that we were abroad in graduate school and planned to move to the US once the visa was granted.

Contact the Consulate to ask precisely about your status as a post-doc (I am assuming you are one) and see what they tell you.

Best of luck.

[arakawa 0]

"You WILL have a problem with NOT having a US domicile. You WILL be REQUIRED as petitioner to be primary sponsor of the immigrant, and WILL be required to provide an I-864 to provide sponsorship, AND I-864 REQUIRES US DOMICILE. Yes you can use a parent as a JOINT sponsor."

Thanks for the fast reply, to both of you. The above seems strange to me--how can they require me to be a resident of another country AND have a domicile in the US? I don't doubt what you say is true, but I have trouble believing the DCF is only for people with multiple homes--does it mean that I'm supposed to hurry on back and set up our housing situation? I suppose I'll be listing my parents' home as well.

I have heard that Tokyo is stricter than other countries when it comes to residency--anyone with first-hand experience of this? I'll pitch it to the embassy and hope someone understanding answers the phone.

[Chica Yeyé 41]

"You WILL have a problem with NOT having a US domicile. You WILL be REQUIRED as petitioner to be primary sponsor of the immigrant, and WILL be required to provide an I-864 to provide sponsorship, AND I-864 REQUIRES US DOMICILE. Yes you can use a parent as a JOINT sponsor."

Thanks for the fast reply, to both of you. The above seems strange to me--how can they require me to be a resident of another country AND have a domicile in the US? I don't doubt what you say is true, but I have trouble believing the DCF is only for people with multiple homes--does it mean that I'm supposed to hurry on back and set up our housing situation? I suppose I'll be listing my parents' home as well.

I have heard that Tokyo is stricter than other countries when it comes to residency--anyone with first-hand experience of this? I'll pitch it to the embassy and hope someone understanding answers the phone.

DCF has its little ways of doing things, even if the forms are the same. Indeed you are the primary petitioner and submit your own I-864; and your parents submit another one. DCF is designed for people like you. BUT don't take my word for it, do call the Embassy as soon as you can, to dispel any doubts.

[Penguin_ie 5,996]

Sounds to me like you'd qualify.

On domicile: there is a difference between residency (ie where you live) and domicile (a permanent home/ where you intend to return to). You can satisfy the domicile req

Sounds to me like you'd qualify.

On domicile: there is a difference between residency (ie where you live) and domicile (a permanent home/ where you intend to return to). You can satisfy the domicile requirement by having a mailing address (for example your parent's house), and something like a current driving license, US bank account, or similar.

[txladykat 1]

you only need to show that you have gone through the steps of obtaining a domicile, i.e renting an apartment or house. there are other steps they consider as well. I received a document from the embassy about domicile that states:

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,

• He/she intended to maintain a domicile in the United States, and

• He/she has evidence of continued ties to the United States.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States

• Locate a place to live in the United States

• Register children in U.S. schools

• Make arrangements to give up (relinquish) residence abroad

• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

Re: Form I-864, Part 4, Information on the Sponsor

Question no. 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 isn't 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:

B) You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

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.

[kaffy 2]

re: US domicile

Do you have any bank accounts still active in the US?

Do you have a valid drivers license?

Are you registered to vote?

All those can count towards proof of domicile.

and re: residency

Do you have a gaijin card? I think that could be proof that you are a legal resident and not simply a tourist/student

[arakawa 0]

Thank you all for your advice. I think I'll be fine on the question of establishing a domicile. My original question about establishing residency here in Japan in order to do a DCF still worries me a little, but I'll contact the embassy and give it a shot. I have a visa, I'm registered with the ward as a resident, I have national health insurance, I DO have a "gaijin card"--surely it's within the realm of possibility ...

[kaffy 2]

If you are registered with the ward then you should be set.

Tourists and those on short stay visas (who wouldnt qualify for DCF) aren't registered with the ward, nor carry gaijin cards.

[sashitaski 3]

If you are registered with the ward then you should be set.

Tourists and those on short stay visas (who wouldnt qualify for DCF) aren't registered with the ward, nor carry gaijin cards.

Unfortunately, I can't give you advice on Tokyo, and as people have said, this differs at different embassies, but I thought I'd let you know that in my case (Moscow, Russia) I was able to do DCF, even though I had only been in Russia four months by the time I applied. I came here as a Master's student for one year. As proof of my residency in Russia I gave them a copy of my year-long student visa and also a letter from the director of my program here in Moscow that says I will be here for a whole year as a student and will return to the States at the end of that year. For domicile, I used my driver's license, voting records, and also that same letter from the director of my program, since it said that at the end of the program I will be returning to the States.

[arakawa 0]

Just thought I'd say thanks again to all and let you know that it appears the I-130 will proceed as planned in Tokyo. They decided that the most important thing is the actual time I've spent here in the last six months--which kind of surprised me. They said as long as I've been here for six months with only brief breaks (for a wedding, etc., was their example), it's OK. I was gone for a week at the beginning of that time frame (to a third country on research/vacation), but returned to the same visa I've been on for 18 months, so I'm hoping that will meet their requirements. Especially since they went out of their way to specify that I didn't need to be here every single day of the past 180.

[johnholmessc 0]

Glad to hear that it seems like everything worked out for you... I found myself in a similar situation here in Italy as I am doing a DCF through the Embassy in Rome. I actually have been living here since June of 2007 but never really got around to bothering with a Permesso di Soggiorno (Permit of Stay) until September of 2008 - the people at the Police Station kind of laughed and said it wasn't a big deal because I was American and they were more concerned with other nationalities. Anyway, when I telephoned the Embassy a couple of months ago to signal my intention to file the I-130 through them and ask about the 6 month residency requirement, they made it clear to me that the important thing was that the Permit demonstrated that I had been here in the country for 6 months.

I sent in the petition a couple of weeks ago and am just awaiting news from them; I received an e-mail yesterday telling me that they have had it since the 11th and it's just pending, so hopefully it won't be that much longer...

Good luck to you and I'm sure that everything will work out for you as well...