US Domicile - for DCF - Madatory for Sponsor/Co-sponsor

[mithun_san 0]

Hello everyone,

Got a lilltle confused while searching information on Visa journey as a few of them are saying yes for establishing Domicle in the US as mandatory for sponser or/and co-sponsers while a few are saying no its not mandatory.

However our situation is like:

Am - Mithun Talreja husband of US citizen Sanchita majumdar and we intend to move to the US for a few years.

Sanchita was in US from 2006 to 2008 and she is here in india since than however we both got married 6 months ago and we have filed i-130,although confirmation/approval is awaited. Rqst your support for the way forward as we preparing for i-864 - Affadavit Of Support where sponsor is my wife(US Citizen) staying in India since 4 years and co-sponsor is my brother-in-law Green Card holder staying in the US since 6 years now.

Concerns:

=> My wife doesnt have the US domicile.

=> She hasnt filed for returns post her stay in india aftter 2008 however her Form 16 i.e TDS is documented regularly on yearly basis for financial year 2009 - 2010, 2010-2011 and 2011-2012

What do we do once we receive the packet 3 post i-130 approval and also my brother-in-laws AOS(Affadavit of Support) shall we put in efforts for establishing US domicile for my wife or form-16 of past 3 years would be enough.

Questions request answers on:

=> Is it a mandate for my wife to file tax returns??

=> Would my bro-in-law's AOS and documents as co-sponsors be enough??

Request you all to help sort this at your earliest, would be greatful to get some ones indias ph number to talk to and expedite the way towards the closure.

Edited July 14, 2012 by mithun_san

[Anh map 2,098]

The US taxes on worldwide income. The USC (US citizen) petitioner must determine if they were required to file a tax return for the past 3 years. If so, those must be filed. If not, a letter must be submitted by the petitioner sponsor. See page 8 of the I-864 instructions for more information.

The USC petitioner must establish a US domicile.

USC petitioner completes the I-864 regardless of income.

Joint sponsor completes an I-864 as well.

See the I-864 FAQ link in my signature below for more information re: domicile and I-864 requirements.

[MandyBear 1]

It might also help to have a letter from your BIL (Brother?) stating that he will provide domicile to you both upon entry. Like he is inviting you both to live with him during your transition phase.

If she has kept any bank accounts open or has a drivers license that will help too.

Also, the above poster has given some excellent advice.

[mithun_san 0]

What can the USC petitioner do to establish US Domicile. I know one can have Bank Accounts, Job Offers and so on. The thing is she had closed her Bank account coupla years back as she was being charged for some minimum balance or something like that.

It might also help to have a letter from your BIL (Brother?) stating that he will provide domicile to you both upon entry. Like he is inviting you both to live with him during your transition phase.

like u said above will that help? Have asked my BIL to send the same.

She doesnt have a Drivers license too

USC petitioner completes the I-864 regardless of income.

Joint sponsor completes an I-864 as well.

Thanks Anh map for your guidance as always! Shud me BIL be filling the I-864A or the I 864?

Edited July 18, 2012 by mithun_san

[Anh map 2,098]

What can the USC petitioner do to establish US Domicile. I know one can have Bank Accounts, Job Offers and so on. The thing is she had closed her Bank account coupla years back as she was being charged for some minimum balance or something like that.

like u said above will that help? Have asked my BIL to send the same.

She doesnt have a Drivers license too

Thanks Anh map for your guidance as always! Shud me BIL be filling the I-864A or the I 864?

In your circumstance I suggest that the joint sponsor file an I-864 as the petitioning spouse does not have any current/continuing income for their affidavit of support.

[Penguin_ie 5,996]

It might also help to have a letter from your BIL (Brother?) stating that he will provide domicile to you both upon entry.

You are confusing domicile and residence. Residence/ lodgings is what the brother will provide.

Domicile is a more nebulous concept.

[mithun_san 0]

In your circumstance I suggest that the joint sponsor file an I-864 as the petitioning spouse does not have any current/continuing income for their affidavit of support.

Thanks Anh map!! have asked my bro to fill out both and send to us... lese wat happens fingers crossed!

[mithun_san 0]

You are confusing domicile and residence. Residence/ lodgings is what the brother will provide.

Domicile is a more nebulous concept.

Thanks Penguin_ie! we are really trying hard to understand the complex domicile issue right now... If a citizen has been living abroad, in my case for like 4 yrs straight, well dont u think it might be difficult to maintain a domicile in US, well so to speak logically. In my case I had to close down my bank account as well If the embassy understands that well grt.. cos m sure they look at case to case basis and decide.

We will be showing my old bank statements from BOA, my paystubs for the US organisation that I worked with from 2006-08. Apart from this trying to get a domicile right now is tuff. I think I have a state ID but am not sure gotta look it up. I just have my SSN and passport for sure...

[Penguin_ie 5,996]

You may want to take the second option; rather than showing your wife never abandoned domicile, show that she "intends to re-establish" domicile. This is what my husband did, who lived with me for 3+ years in Ireland. Ie show that your wife intends to return to live in the USA for good at the same time (or before) you/the beneficiary immigrates.

Show that she has been looking for jobs and housingl if you have kids, enroll them into school etc.

[mithun_san 0]

You may want to take the second option; rather than showing your wife never abandoned domicile, show that she "intends to re-establish" domicile. This is what my husband did, who lived with me for 3+ years in Ireland. Ie show that your wife intends to return to live in the USA for good at the same time (or before) you/the beneficiary immigrates.

Show that she has been looking for jobs and housingl if you have kids, enroll them into school etc.

Exactly that is what she has been doing! Seeking employment.. Heard back from coupla employers...

First time we went well prepared with a lot of relationship and marriage proof, joint bank accounts, witnesses statements and wat not... sigh! the officer dint take a look at any.. guess our honest innocent faces did the trick

Anyways likewise maybe USCIS might not need elaborate documents. Meanwhile, trying to get legitimate docs. Her itinerary is ther for Sept proly if that cud help.

Edited July 19, 2012 by mithun_san

[ljandjl 1]

Have you voted on an absentee ballot? If you're still voting in the US that's apparent intent to maintain/reestablish domicile.

[mithun_san 0]

Have you voted on an absentee ballot? If you're still voting in the US that's apparent intent to maintain/reestablish domicile.

no havent voted for the past 4 yrs while I was outside the country

[teddy12 2]

I was thinking about starting a new thread but I will just post my question here also.

I have been living in Europe on temporary bases also since July 2011 (had a job in US until mid 2011). I am also getting married in Europe (I am a dual citizen). I plan my returning very soon and I would love it to be with my wife together.

I will file for her paper work here and have to send to the Chicago Lockbox.

At the NVC stage I will be required to fill out form I-864 although I don't qualify with income (didn't have a job since I left the US) and I already have a cosponsor setup for that dilemma.

My question is about the Domicile in US.

I am not physically in the US but how do I prove to them my return to US so they can let the paperwork through?

"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."

So far what I have in the US:

- I own a house with my name on it.

- I have US driver license with my US adress on it.

- I have US bank account with my US adress on it.

- I have filled 2011 tax return (current year).

- I have student loan.

So from all this what should I send to them to prove ties and domicile and how?

- Do I need to write them a letter stating my temporary status in Europe?

- Send copy of my US ID?

- Bank account statement?

- Student loan statement?

- Do I send this info with the I-864 package?

Thx for your help? Sorry for hijacking your thread OP.

Edited July 24, 2012 by teddy12

[mithun_san 0]

Hi teddy12

I think you have enuf documents to prove domicile requirement!

Driving license, an open bank account these shud be more than enuf...

The senior VJers can confirm this though.

As for us we dont have most of the docs u mentioned thats why we posted here

[teddy12 2]

Hi teddy12

I think you have enuf documents to prove domicile requirement!

Driving license, an open bank account these shud be more than enuf...

The senior VJers can confirm this though.

As for us we dont have most of the docs u mentioned thats why we posted here

thank you very much for the imput, best of wishes