Proof of the steps you have taken to establish domicile

[MRS.FAITH 0]

My USC husband never cancelled any of his ties/bond to the US. He is disabled and I have a co-sponsor. It says attach proof of the steps taken to establish domicile. He is paying his bills online like his Taxes, insurances, credit cards etc. Although he don't have a house there anymore, all his bills were all sent to his mom's house where we live since he came here in the PI. We will live with his mom because that will help us save up money and buy our own home to live with our future family. We will just share to pay bills. According to his mom and brother we can temporarily use their car until we get ready to get our own. It says that if the USC spouse is currently not in the states he will have to make a letter of intent to return to the USA and also the proof of the steps have taken to establish domicile. Any ideas and suggestions? Help. Thanks a lot...

[Darnell 8,479]

Many Canadiens have this same issue, and have written much about it -

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

have a read? I suggest ALL of the thread, from first page, to last.

Good Luck !

Edited May 28, 2010 by Darnell

[sjr09 155]

The U.S. Domicile Requirement for Petitioners

Your petitioner must live in the United States or in a U.S. territory or possession. If your petitioner does not, he or she cannot sponsor you for immigration to the United States.

You must convince the consular officer that your petitioner lives in the United States. To do this, you may provide the following:

• A photograph of your petitioner holding a recent newspaper while at a location that clearly is in the United States (such as a U.S. Post Office);
• current mortgage or bank statements showing your petitioner’s U.S. address;
• certificates of employment, pay stubs, or utility bills in your petitioner’s name (phone, power, water, cable, Internet, etc.).
• If your petitioner currently is not in the United States, and he/she is a U.S. citizen, he/she should provide a letter of intent to return with you to the United States. Petitioners who are legal permanent residents must be physically present in the United States.

[sjr09 155]

The U.S. Domicile Requirement for Petitioners

Your petitioner must live in the United States or in a U.S. territory or possession. If your petitioner does not, he or she cannot sponsor you for immigration to the United States.

You must convince the consular officer that your petitioner lives in the United States. To do this, you may provide the following:

• A photograph of your petitioner holding a recent newspaper while at a location that clearly is in the United States (such as a U.S. Post Office);
• current mortgage or bank statements showing your petitioner's U.S. address;
• certificates of employment, pay stubs, or utility bills in your petitioner's name (phone, power, water, cable, Internet, etc.).
• If your petitioner currently is not in the United States, and he/she is a U.S. citizen, he/she should provide a letter of intent to return with you to the United States. Petitioners who are legal permanent residents must be physically present in the United States.

[/url]If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
• Employment by an American institution of research recognized by the Attorney General
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
• Employment with a public international organization in which the United States participates by treaty or statute
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

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.