desperate

[wowswift 3]

As I said before, you don't have to return to the US before your husband, I didn't do it, I know trailmix didn't do it (we both had to prove domicle, though trailmix's was at the NVC level and mine the consulate but trailmix also never lived in the US but was a citizen). On the I-864, it says this:

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 timeno 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 youhave taken to establish domicile as described above.

or you're proving that you maintained domicile. You don't have much to prove that you maintained it, so find a lease on the internet and make it your own and have your parents sign it, this is what I did, I put the date as when we "planned" to return. Trailmix has a few great posts about domicile that I used to fix my issue. Find those, they are usually in the DCF forum since they have the most domicile issue.

Good find!

After reading this, I hunted the USCIS site for corroboration, and found a memorandum issued in June 2006 that basically says the same thing. That'll teach me for reading articles written by lawyers (actually, no it won't!).

Oh, here's the memorandum. The section on domicile is on page 6. It goes into a little more detail than the I-864 instructions:

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Basically, it says that once you've convinced the CO that you've taken the necessary steps to establish domicile when you return, that you actually have to establish domicile (i.e., take up residence) by the time the immigrant arrives at the POE, UNLESS (big 'unless') the USC arrives at the POE at the same time as the immigrant, in which case it's presumed that the USC has met their obligation to return and establish domicile. I guess the attorney missed the 'unless' in his article.

I won't lie, going back is probably easier to prove, but there are a few of us who didn't do it, so its possible. Like I said, just do some searches on the VJ forum to get some ideas. That's what I did and it worked. The CO told me there isn't anything specific they look for, but I see that a lot of us who had to prove it sent the same things. I know mine was 22 pages long faxed in, so I sent everything I had on hand, if they said no after that, I would've went back before the hubby, but thankfully, I didn't have to do that.

[Free Jerusalem 0]

As I said before, you don't have to return to the US before your husband, I didn't do it, I know trailmix didn't do it (we both had to prove domicle, though trailmix's was at the NVC level and mine the consulate but trailmix also never lived in the US but was a citizen). On the I-864, it says this:

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 timeno 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 youhave taken to establish domicile as described above.

or you're proving that you maintained domicile. You don't have much to prove that you maintained it, so find a lease on the internet and make it your own and have your parents sign it, this is what I did, I put the date as when we "planned" to return. Trailmix has a few great posts about domicile that I used to fix my issue. Find those, they are usually in the DCF forum since they have the most domicile issue.

Good find!

After reading this, I hunted the USCIS site for corroboration, and found a memorandum issued in June 2006 that basically says the same thing. That'll teach me for reading articles written by lawyers (actually, no it won't!).

Oh, here's the memorandum. The section on domicile is on page 6. It goes into a little more detail than the I-864 instructions:

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Basically, it says that once you've convinced the CO that you've taken the necessary steps to establish domicile when you return, that you actually have to establish domicile (i.e., take up residence) by the time the immigrant arrives at the POE, UNLESS (big 'unless') the USC arrives at the POE at the same time as the immigrant, in which case it's presumed that the USC has met their obligation to return and establish domicile. I guess the attorney missed the 'unless' in his article.

I won't lie, going back is probably easier to prove, but there are a few of us who didn't do it, so its possible. Like I said, just do some searches on the VJ forum to get some ideas. That's what I did and it worked. The CO told me there isn't anything specific they look for, but I see that a lot of us who had to prove it sent the same things. I know mine was 22 pages long faxed in, so I sent everything I had on hand, if they said no after that, I would've went back before the hubby, but thankfully, I didn't have to do that.

you found a lease online? care to give me the website? thanks so much for your help, its greatly appreciated !

Also - your parents can write up a lease document or rental agreement with both of your names.

what are they supposed to write ? just that we will be living with them and we will pay them? can it just be a typed up paper and they sign it ?

[Free Jerusalem 0]

As I said before, you don't have to return to the US before your husband, I didn't do it, I know trailmix didn't do it (we both had to prove domicle, though trailmix's was at the NVC level and mine the consulate but trailmix also never lived in the US but was a citizen). On the I-864, it says this:

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 timeno 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 youhave taken to establish domicile as described above.

or you're proving that you maintained domicile. You don't have much to prove that you maintained it, so find a lease on the internet and make it your own and have your parents sign it, this is what I did, I put the date as when we "planned" to return. Trailmix has a few great posts about domicile that I used to fix my issue. Find those, they are usually in the DCF forum since they have the most domicile issue.

how can i find a lease on the internet? can u give me a website?

[Free Jerusalem 0]

As I said before, you don't have to return to the US before your husband, I didn't do it, I know trailmix didn't do it (we both had to prove domicle, though trailmix's was at the NVC level and mine the consulate but trailmix also never lived in the US but was a citizen). On the I-864, it says this:

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 timeno 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 youhave taken to establish domicile as described above.

or you're proving that you maintained domicile. You don't have much to prove that you maintained it, so find a lease on the internet and make it your own and have your parents sign it, this is what I did, I put the date as when we "planned" to return. Trailmix has a few great posts about domicile that I used to fix my issue. Find those, they are usually in the DCF forum since they have the most domicile issue.

how can i find a lease on the internet? can u give me a website?

so i found 2, which do u think would be best ?http://www.staples.com/Adams-Rental-Application-Credit-Check/product_571322?cmArea=SC1:CG23:DP4524:CL159988 or http://www.officemax.com/catalog/sku.jsp?p...s^return_skus~Y

[Darnell 8,478]

I'm a fan of free downloadable legal forms - a lease agreement is a legal form.

if you google 'lease agreement download' you'll find a bunch of sites.

Here's one (though they are pushing a kit for $$ as well )

http://legal-forms-kit.com/freelegalforms.html

Good Luck !

[trailmix 77]

i need all the answers i can get !!! for my domicile issues, would it be good to send in my credit cards and have my parents send me some mail in get back in the USA with my name on it? is being a joint in a bank account good enough? because i am not there to open my own bank account and no one can do it for me... please any tips would be greatly appreciated ! i cant sleep !!! i lost 6 pounds so far, maybe thats the only thing coming out of this whole process !

Do you actually have a domicile in the US? Or, do you just have credit cards, and use somebody elses mailing address? If you returned to the US today, where would you live? Would one of your relatives have to put you up?

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment.

You do not really understand 'domicile'. I'm not trying to be too critical of you, however, when we filed our IR1 I had never lived in the U.S., had no children of school age, no utility bills in my name. I did not move to the U.S. before my Husband.

If you are going to give advice on domicile you should read ALL of the instructions on the I-864 to see which category the person you are answering would be covered by. Proving you are residing abroad temporarily is only one category.

OP, I wrote a description of how I proved domicile and my understanding of the I-864 instructions, the link is below.

http://www.visajourney.com/forums/index.ph...164618&st=0

Edited September 19, 2009 by trailmix

[JimVaPhuong 4,863]

i need all the answers i can get !!! for my domicile issues, would it be good to send in my credit cards and have my parents send me some mail in get back in the USA with my name on it? is being a joint in a bank account good enough? because i am not there to open my own bank account and no one can do it for me... please any tips would be greatly appreciated ! i cant sleep !!! i lost 6 pounds so far, maybe thats the only thing coming out of this whole process !

Do you actually have a domicile in the US? Or, do you just have credit cards, and use somebody elses mailing address? If you returned to the US today, where would you live? Would one of your relatives have to put you up?

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment.

You do not really understand 'domicile'. I'm not trying to be too critical of you, however, when we filed our IR1 I had never lived in the U.S., had no children of school age, no utility bills in my name. I did not move to the U.S. before my Husband.

If you are going to give advice on domicile you should read ALL of the instructions on the I-864 to see which category the person you are answering would be covered by. Proving you are residing abroad temporarily is only one category.

OP, I wrote a description of how I proved domicile and my understanding of the I-864 instructions, the link is below.

http://www.visajourney.com/forums/index.ph...164618&st=0

I have read the instructions of the I-864. As a result of this thread, I have also read the relevant sections of the immigration law. I understand completely what "domicile" is.

The requirement is that you have a domicile in the US or you can't be a sponsor. Residing abroad temporarily, or living abroad for your entire life, are not "categories" - they are exceptions to the fundamental requirement. The exceptions are detailed in 8 CFR, section 213a(c )(2), A and B. If a sponsor is living abroad temporarily then they must prove that they are still domiciled in the US. If a sponsor is not domiciled in the US (your case), then they must prove by a preponderance of the evidence that they will be domiciled in the US on or before the time the immigrant enters the US or adjusts status. If the sponsor fails to provide the evidence, or fails to establish domicile, then the immigrant is inadmissible under section 212(a)(4).

The only part of the law that I was not aware of in my earlier posts what that it was possible to provide the evidence and establish domicile if you arrive in the US at the same time as the immigrant, and not just prior to the arrival of the immigrant. What you can't do is provide the evidence and then not return to the US, or return after the immigrant.

The bottom line is that domicile is not established until the USC arrives in the US.

[Free Jerusalem 0]

i need all the answers i can get !!! for my domicile issues, would it be good to send in my credit cards and have my parents send me some mail in get back in the USA with my name on it? is being a joint in a bank account good enough? because i am not there to open my own bank account and no one can do it for me... please any tips would be greatly appreciated ! i cant sleep !!! i lost 6 pounds so far, maybe thats the only thing coming out of this whole process !

Do you actually have a domicile in the US? Or, do you just have credit cards, and use somebody elses mailing address? If you returned to the US today, where would you live? Would one of your relatives have to put you up?

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment.

You do not really understand 'domicile'. I'm not trying to be too critical of you, however, when we filed our IR1 I had never lived in the U.S., had no children of school age, no utility bills in my name. I did not move to the U.S. before my Husband.

If you are going to give advice on domicile you should read ALL of the instructions on the I-864 to see which category the person you are answering would be covered by. Proving you are residing abroad temporarily is only one category.

OP, I wrote a description of how I proved domicile and my understanding of the I-864 instructions, the link is below.

http://www.visajourney.com/forums/index.ph...164618&st=0

thank you so so so so soooo much ! This has been the best advice given to me so far ! Thank you again for making it so simple and clear to understand. I just have one question though, when i want to make a lease, since i am not actually in the USA yet, what date should i use as in like when will the lease begin? like in the lease it says "agreement shall commence on _____,___ " ? I am not actually there yet and do not know when my husbands visa will be issued and in hand,Any advice?

Edited September 19, 2009 by Free Jerusalem

[trailmix 77]

We didn't write up a formal lease, my Sister just wrote a letter - stating we had come to a financial agreement etc. You can't really name a 'date' because you don't have one. So you will have to guess really. We just put "after Husband's name receives his visa" - something like that.

If you are having the lease written or signed by a family member "after Name receives his visa" is quite acceptable.

[trailmix 77]

i need all the answers i can get !!! for my domicile issues, would it be good to send in my credit cards and have my parents send me some mail in get back in the USA with my name on it? is being a joint in a bank account good enough? because i am not there to open my own bank account and no one can do it for me... please any tips would be greatly appreciated ! i cant sleep !!! i lost 6 pounds so far, maybe thats the only thing coming out of this whole process !

Do you actually have a domicile in the US? Or, do you just have credit cards, and use somebody elses mailing address? If you returned to the US today, where would you live? Would one of your relatives have to put you up?

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment.

You do not really understand 'domicile'. I'm not trying to be too critical of you, however, when we filed our IR1 I had never lived in the U.S., had no children of school age, no utility bills in my name. I did not move to the U.S. before my Husband.

If you are going to give advice on domicile you should read ALL of the instructions on the I-864 to see which category the person you are answering would be covered by. Proving you are residing abroad temporarily is only one category.

OP, I wrote a description of how I proved domicile and my understanding of the I-864 instructions, the link is below.

http://www.visajourney.com/forums/index.ph...164618&st=0

I have read the instructions of the I-864. As a result of this thread, I have also read the relevant sections of the immigration law. I understand completely what "domicile" is.

The requirement is that you have a domicile in the US or you can't be a sponsor. Residing abroad temporarily, or living abroad for your entire life, are not "categories" - they are exceptions to the fundamental requirement. The exceptions are detailed in 8 CFR, section 213a(c )(2), A and B. If a sponsor is living abroad temporarily then they must prove that they are still domiciled in the US. If a sponsor is not domiciled in the US (your case), then they must prove by a preponderance of the evidence that they will be domiciled in the US on or before the time the immigrant enters the US or adjusts status. If the sponsor fails to provide the evidence, or fails to establish domicile, then the immigrant is inadmissible under section 212(a)(4).

The only part of the law that I was not aware of in my earlier posts what that it was possible to provide the evidence and establish domicile if you arrive in the US at the same time as the immigrant, and not just prior to the arrival of the immigrant. What you can't do is provide the evidence and then not return to the US, or return after the immigrant.

The bottom line is that domicile is not established until the USC arrives in the US.

I appreciate that you actually took the time to read it all.

I agree with your 'fine points' - I never stated that residing abroad temporarily or living abroad your whole life were categories "of" domicile, I was simply pointing out that there are different categories to prove domicile. As in, I have lived abroad all my life, therefore I am of a particular category where the proof of domicile that I provide will be different than someone who is in a category where they have lived their whole life in the U.S. and have only been out of the country 6 months.

The part of the law where someone can provide evidence of domicile as long as they arrive in the U.S. 'on or before the intending immigrant' is quite important.

In reading back over the thread I see that you had already corrected your earlier statement. I didn't read it all last night.

The thing is, I just find it a bit frustrating when I see people state things as fact, like:

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment

That's a pretty big mistake - it could persuade someone to hop on a plane and move to the U.S. - it could genuinely affect their lives.

I'm not saying that the consulate will accept the OP's evidence of domicile. They may reject it, she may have to return to the U.S. - each consulate is different, but that's putting the cart before the horse here.

Edited September 19, 2009 by trailmix

[JimVaPhuong 4,863]

The thing is, I just find it a bit frustrating when I see people state things as fact, like:

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment

That's a pretty big mistake - it could persuade someone to hop on a plane and move to the U.S. - it could genuinely affect their lives.

Though a generalization, that is, in fact, exactly what you have to do. Until you "hop on a plane" (or otherwise get yourself back to the US) you have not established a domicile in the US. The law does allow you to persuade a consular officer that you have taken concrete steps to establish domicile when you return, and they (at their discretion) may grant the visa based on this promise, but until you actually arrive in the US you have not actually established domicile. If you get a visa by this route, and the immigrant shows up at a port of entry before the US citizen sponsor arrives, the immigrant will be inadmissible because the domicile requirement has not been met yet.

There's no mistake there at all. You must return to US to establish domicile. What is missing from my statement is the caveat that you can return at the same time as the immigrant, and not necessarily before them.

[trailmix 77]

The thing is, I just find it a bit frustrating when I see people state things as fact, like:

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment

That's a pretty big mistake - it could persuade someone to hop on a plane and move to the U.S. - it could genuinely affect their lives.

Though a generalization, that is, in fact, exactly what you have to do. Until you "hop on a plane" (or otherwise get yourself back to the US) you have not established a domicile in the US. The law does allow you to persuade a consular officer that you have taken concrete steps to establish domicile when you return, and they (at their discretion) may grant the visa based on this promise, but until you actually arrive in the US you have not actually established domicile. If you get a visa by this route, and the immigrant shows up at a port of entry before the US citizen sponsor arrives, the immigrant will be inadmissible because the domicile requirement has not been met yet.

There's no mistake there at all. You must return to US to establish domicile. What is missing from my statement is the caveat that you can return at the same time as the immigrant, and not necessarily before them.

As I said before, I don't disagree with your point - that is domicile.

How you said it was a mistake. I would be like saying - it's ok to go to the U.S. and get married and stay there and adjust status - without also saying - as long as you did not have intent to immigrate when you entered.

Perhaps your original posting was technically correct - does that make it better? You seem to think so - so ok, everyone can agree that your original posting was technically correct.

The fact that you left out additional information that is VERY important to the OP was a mistake. You know and I know exactly what you said and exactly what you meant.

If it helps you I will say I should have said that you do not understand ESTABLISHING domicile, not the actual word domicile.

[JimVaPhuong 4,863]

The thing is, I just find it a bit frustrating when I see people state things as fact, like:

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment

That's a pretty big mistake - it could persuade someone to hop on a plane and move to the U.S. - it could genuinely affect their lives.

Though a generalization, that is, in fact, exactly what you have to do. Until you "hop on a plane" (or otherwise get yourself back to the US) you have not established a domicile in the US. The law does allow you to persuade a consular officer that you have taken concrete steps to establish domicile when you return, and they (at their discretion) may grant the visa based on this promise, but until you actually arrive in the US you have not actually established domicile. If you get a visa by this route, and the immigrant shows up at a port of entry before the US citizen sponsor arrives, the immigrant will be inadmissible because the domicile requirement has not been met yet.

There's no mistake there at all. You must return to US to establish domicile. What is missing from my statement is the caveat that you can return at the same time as the immigrant, and not necessarily before them.

As I said before, I don't disagree with your point - that is domicile.

How you said it was a mistake. I would be like saying - it's ok to go to the U.S. and get married and stay there and adjust status - without also saying - as long as you did not have intent to immigrate when you entered.

That's ludicrous. There is absolutely no way that anyone would risk doing something illegal by following the advice I gave in my first post. Returning to the US and renting an apartment WOULD re-establish domicile, and you wouldn't need to prove future intent at the consulate.

Perhaps your original posting was technically correct - does that make it better? You seem to think so - so ok, everyone can agree that your original posting was technically correct.

The fact that you left out additional information that is VERY important to the OP was a mistake. You know and I know exactly what you said and exactly what you meant.

YES! Thank you! My original post was incomplete, as I've now admitted several times. What I said and meant was NOT a mistake, nor was it inaccurate. It was perfectly sound and reasonable advice that would have resolved the problem. It was simply not the only possible solution.

If it helps you I will say I should have said that you do not understand ESTABLISHING domicile, not the actual word domicile.

Dead wrong. I understand establishing domicile, but it's not clear to me that you understand it. Domicile is not established at the consulate interview, as I suspect you believe. The law is quite clear - domicile is established when the sponsor is in the US. At the consulate, you either prove that you established domicile when you were in the US and have maintained that domicile since leaving, or you prove that you intend to establish domicile when you return to the US and provide evidence that you've taken steps to do so.

If it helps YOU, then I will admit (again) that I did not know when I wrote my original post that you could establish domicile without having to return to the US before the immigrant. But, you do have to return to the US to establish domicile.

[trailmix 77]

I would continue this conversation - only because I think the stuff you come up with is slightly interesting, it's interesting how you think. You keep misreading and twisting (as in purposefully pretending not to know what I am saying) - that part is getting a bit tiresome.

But regardless, what we are saying is not really helping anyone - so good luck to the OP!

Edited September 20, 2009 by trailmix

[Free Jerusalem 0]

i need all the answers i can get !!! for my domicile issues, would it be good to send in my credit cards and have my parents send me some mail in get back in the USA with my name on it? is being a joint in a bank account good enough? because i am not there to open my own bank account and no one can do it for me... please any tips would be greatly appreciated ! i cant sleep !!! i lost 6 pounds so far, maybe thats the only thing coming out of this whole process !

Do you actually have a domicile in the US? Or, do you just have credit cards, and use somebody elses mailing address? If you returned to the US today, where would you live? Would one of your relatives have to put you up?

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment.

You do not really understand 'domicile'. I'm not trying to be too critical of you, however, when we filed our IR1 I had never lived in the U.S., had no children of school age, no utility bills in my name. I did not move to the U.S. before my Husband.

If you are going to give advice on domicile you should read ALL of the instructions on the I-864 to see which category the person you are answering would be covered by. Proving you are residing abroad temporarily is only one category.

OP, I wrote a description of how I proved domicile and my understanding of the I-864 instructions, the link is below.

http://www.visajourney.com/forums/index.ph...164618&st=0

I have read the instructions of the I-864. As a result of this thread, I have also read the relevant sections of the immigration law. I understand completely what "domicile" is.

The requirement is that you have a domicile in the US or you can't be a sponsor. Residing abroad temporarily, or living abroad for your entire life, are not "categories" - they are exceptions to the fundamental requirement. The exceptions are detailed in 8 CFR, section 213a(c )(2), A and B. If a sponsor is living abroad temporarily then they must prove that they are still domiciled in the US. If a sponsor is not domiciled in the US (your case), then they must prove by a preponderance of the evidence that they will be domiciled in the US on or before the time the immigrant enters the US or adjusts status. If the sponsor fails to provide the evidence, or fails to establish domicile, then the immigrant is inadmissible under section 212(a)(4).

The only part of the law that I was not aware of in my earlier posts what that it was possible to provide the evidence and establish domicile if you arrive in the US at the same time as the immigrant, and not just prior to the arrival of the immigrant. What you can't do is provide the evidence and then not return to the US, or return after the immigrant.

The bottom line is that domicile is not established until the USC arrives in the US.

I appreciate that you actually took the time to read it all.

I agree with your 'fine points' - I never stated that residing abroad temporarily or living abroad your whole life were categories "of" domicile, I was simply pointing out that there are different categories to prove domicile. As in, I have lived abroad all my life, therefore I am of a particular category where the proof of domicile that I provide will be different than someone who is in a category where they have lived their whole life in the U.S. and have only been out of the country 6 months.

The part of the law where someone can provide evidence of domicile as long as they arrive in the U.S. 'on or before the intending immigrant' is quite important.

In reading back over the thread I see that you had already corrected your earlier statement. I didn't read it all last night.

The thing is, I just find it a bit frustrating when I see people state things as fact, like:

In order to sponsor an immigrant, you must have a principal residence in the US, and intend to maintain that residence for the foreseeable future. Proof includes your name on a deed or lease, utility bills in your name, children registered in local schools, or other proof that you are living abroad temporarily. If you gave up your residence in the US when you went abroad, then you need to re-establish domicile in the US before the visa will be issued. Otherwise, your affidavit of support is worthless and unenforceable. You can re-establish domicile by returning to the US and renting an apartment

That's a pretty big mistake - it could persuade someone to hop on a plane and move to the U.S. - it could genuinely affect their lives.

I'm not saying that the consulate will accept the OP's evidence of domicile. They may reject it, she may have to return to the U.S. - each consulate is different, but that's putting the cart before the horse here.

i agree, because honestly i have heard it from far to many people that i might have to go back before my husband, but then some people say it so mater of factually that it makes me so nervous ! I hope i don't, God willing they will accept my lease and bank account and everything else as domicile. I don't know what else they could possibly want ! If they DON'T accept it, what do i have to do? i know the answer would be to go back to the states, but for WHAT? what else could i possibly have to prove domicile u know? a plane ticket saying im in the usa !? Its so frustrating !!! I just wish no one lied in this world, that way it would be a simple question..."are you going back to the usa with ur husband" and i would say YES, it would be so much easier. I'm cheesy, i know, its just all wishful thinking on my part. thank u trailmix, ur letters and posts have been greatly appreciated !

Edited September 20, 2009 by Free Jerusalem