DS-230 Domicile for Petitoner

[Buffgomme 0]

I am the petitioner for my husband but we both currently live in the UK. I moved away from the USA 5 years ago and established residency in the UK. I have filed Tax returns from abroad for the last 3 years with my mother's address in the USA listed as well as have bank statements and a drivers license for the USA. THis is all the supporting documents I have.

We plan on living with my mother (rent free) when we move to the US and then my husband and my sister will be setting up a restaurant business together when we arrive. I won't be working as we have a small daughter. My sister is joint sponsoring my husband on the affadavit of support

I am worried this won't be enough to prove domicile and, in which case, I will have to prove that I will be re-establishing domicile.

Firstly, when filling out the DS-230, does my husband need to put my UK address and contact details on the form or our intended US address (my mom's)?

Secondly, if I'm having to prove that I will be re-establishing domicile, what documents can I get to support that?

I want to be has honest as possible but also don't want to delay the process.

Any advice would be greatly appreciated!

Thank you!!!

[TimeTravel 78]

I am the petitioner for my husband but we both currently live in the UK. I moved away from the USA 5 years ago and established residency in the UK. I have filed Tax returns from abroad for the last 3 years with my mother's address in the USA listed as well as have bank statements and a drivers license for the USA. THis is all the supporting documents I have.

We plan on living with my mother (rent free) when we move to the US and then my husband and my sister will be setting up a restaurant business together when we arrive. I won't be working as we have a small daughter. My sister is joint sponsoring my husband on the affadavit of support

I am worried this won't be enough to prove domicile and, in which case, I will have to prove that I will be re-establishing domicile.

Firstly, when filling out the DS-230, does my husband need to put my UK address and contact details on the form or our intended US address (my mom's)?

Secondly, if I'm having to prove that I will be re-establishing domicile, what documents can I get to support that?

I want to be has honest as possible but also don't want to delay the process.

Any advice would be greatly appreciated!

Thank you!!!

I think you have more than enough. Plus you have a joint sponsor, so that is all right.

#1 - In DS-230, your husband needs to fill your US address, and in the 2nd field where they ask his local address, so he needs to fill his UK address.

#2 - I think that wont be the question since you maintain tax filling, bank account, driving license, so all these things would show the strong ties to your home country. It should be fine.

Hope it helps.

[Gaijinsan 3]

I am the petitioner for my husband but we both currently live in the UK. I moved away from the USA 5 years ago and established residency in the UK. I have filed Tax returns from abroad for the last 3 years with my mother's address in the USA listed as well as have bank statements and a drivers license for the USA. THis is all the supporting documents I have.

I think you'll probably be fine on the domicile issue, but I am curious as to why you would have listed your mother's address on your tax return? Why not list your foreign address? It is, after all, your true address. (Filing with a US address may have that state trying to come after you for a state income tax return, and if your "home" state is anything like mine, there are NO provisions for foreign income exclusion or foreign tax credits.)

[Buffgomme 0]

I filed at the US Embassy in London and she suggested I put my moms address for the $400 rebate for 2009 and 2010. Also have certified copies showing I filed in London.