Studying to re-establish domicile

[Orso Bruno 0]

Hello all,

I apologize if there are already threads on this topic, but I have done quite a bit of searching and have been unable to find anything.

I am a U.S. citizen, sponsoring my Italian wife for an IR-1 immigrant visa. She had her interview in Naples on September 26, and there we were refused her visa because I had failed to provide proof of my U.S. domicile. I've read the instructions for form I-864, and I understand that my only realistic way of proving my domicile will be option C: intending in good faith to re-establish domicile. We're trying to resolve this issue without my having to go and physically live in the U.S., because we don't want to risk being separated for any extended length of time without assurance that she will be able to join me.

Essentially my question is if anyone here has had success with proving "intent to re-establish domicile" by applying for/being accepted into college or university studies. To me, that would show a strong physical, geographical connection to the city where the college was located, similar to having a job there. Would this satisfy the consular officer of my intention to go and live there?

Any suggestions are much appreciated.

[T and P 6]

I would think that's a good one.

I was able to prove domicile by showing the following things:

Copy of US Driver's license

Copy of US bank account statement with US address

Copy of US credit account statement with US address

Copy of retirement account statement with US address

Copy of health insurance quote for me and wife upon return to the US

Copy of foreign visas showing authorization of a temporary stay (Thai non-immigrant visas)

AND most importantly, a letter from my father stating that wil be living with him and working in the family business upon return to the US.

Not sure if all of that was necessary, but wanted to be sure. They had flagged it at first (mistake? not enough?), but I was able to clear it up with them over the phone and requesting a review.

By the way I have basically been living/working outside of the US for four years.

Good luck!

Edited October 8, 2012 by T and P

[chaine1 116]

we were refused her visa because I had failed to provide proof of my U.S. domicile.

What, if anything, did you provide to try to satisfy this requirement? Most people have trouble getting through the NVC when they haven't provided proof of US domicile. I'm curious how you got through the NVC meeting this requirement, but then refused at the embassy?

Anyway, I was living abroad and filing for my husband. I was in the same situation as you (enrolling in school). At the interview, I brought my letter of acceptance and fellowship offer, but I was never even asked to show it. That and proof of US driver's license, US credit card and bank account was really all I had. But again, none of it was ever asked for.

Edited October 8, 2012 by chaine1

[Anh map 2,098]

Hello all,

I apologize if there are already threads on this topic, but I have done quite a bit of searching and have been unable to find anything.

I am a U.S. citizen, sponsoring my Italian wife for an IR-1 immigrant visa. She had her interview in Naples on September 26, and there we were refused her visa because I had failed to provide proof of my U.S. domicile. I've read the instructions for form I-864, and I understand that my only realistic way of proving my domicile will be option C: intending in good faith to re-establish domicile. We're trying to resolve this issue without my having to go and physically live in the U.S., because we don't want to risk being separated for any extended length of time without assurance that she will be able to join me.

Essentially my question is if anyone here has had success with proving "intent to re-establish domicile" by applying for/being accepted into college or university studies. To me, that would show a strong physical, geographical connection to the city where the college was located, similar to having a job there. Would this satisfy the consular officer of my intention to go and live there?

Any suggestions are much appreciated.

Look at things in the big picture, you need to take the steps required to obtain the visa. Effort on your part will give you the assurance that you seek.

This link may be helpful to you >> http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Enrolling in a university would be a strong tie. Applying isn't a tie.

FWIW: With airplanes, telephones, the internet being separated for a couple of months isn't a big deal.

[Jasontnyc 9]

What did you provide originally?

[Orso Bruno 0]

Thanks to everyone who has replied so far.

I agree that they shouldn't have let us pass the NVC processing stage without some kind of proof of domicile. I feel that they wasted our time because we could have saved a trip to Naples. I received an RFE from the NVC concerning proof of domicile, but before I was able to actually collect evidence and send it back to them for evaluation, they had scheduled my wife's interview at the consulate. So we basically went in unprepared. Only after being rejected did I do the research about domicile and reading various people's experiences here on visajourney to better understand the situation.

The only proof I had with me at the interview was a recent bank statement, which also showed that I had a permanent mailing address in the U.S. I also have a U.S. driver's license, but it expired in 2010, so I didn't think it would be very good proof. I was hoping that the bank statement would suffice to meet the "living abroad temporarily" requirements. Obviously I was wrong. By now I've been living abroad for nearly 5 and a half years, and, aside from my parents and sister who live in America, I don't have any ties there. Before moving to Italy, I lived and studied with my wife in the UK for 2 years. Prior to that, we lived and worked in Germany for over 2 years. The last time I had income sufficient to file a tax return was in 2009, when we were living in Germany. I asked about studying in the U.S. as a possibility because that was in my plans anyway, I just didn't know if they would consider it a strong tie on the same level as having a job.

[Penguin_ie 5,994]

Enrollment (ie being accepeted and paying the fees) would definitely be strong ties., because it is a significant financial comittment.

Rather than moving back to the US before your wife, how about going for a vacation and re-establishing some ties? Ie look for a home and show evidence of looking )or even signing a lease if you can); renewing your DL; getting registered as a voter etc.

[Jasontnyc 9]

There are other options like getting a moving quote for your stuff from Italy to the US, a letter from your family stating you will be staying with them upon arrival and have agreed payment. Voter registration? You can even include correspondence with a US realtor to show you are seriously looking for property/long term rental.

I wouldn't rely solely on enrollment (although it helps your case).

[T and P 6]

There are other options like getting a moving quote for your stuff from Italy to the US, a letter from your family stating you will be staying with them upon arrival and have agreed payment. Voter registration? You can even include correspondence with a US realtor to show you are seriously looking for property/long term rental.

I wouldn't rely solely on enrollment (although it helps your case).

Also quotes for US health and car insurance - things that are not hard to obtain when living abroad.

[Orso Bruno 0]

Hi everybody,

After a torturous 8 months, I finally have something to add to my original posts: my wife's immigrant visa was approved! What a feeling to finally have it in our hands.

In my case, it seems that studying to re-establish domicile worked. In an effort to contribute to the helpful spirit of these forums, I'll list the things I provided as proof of my intent to establish domicile:

A cover letter listing all of the steps I took

Signed lease agreement for an apartment for the two of us

Proof that I had enrolled in classes (even if only for a 4-credit summer class) and paid the fees for that, plus my schedule for fall semester with 5 credits

An order confirmation from the power company that they would start supplying our apartment the day the lease agreement began

Order confirmation for phone and internet service bundle at our apartment

Proof that I enrolled the both of us in a temporary health insurance policy

A quote from a shipping company to send all of our stuff from Italy to the U.S.

Proof that I already had a bank account open in the U.S. and that I had closed my foreign bank account and transfered the balance to my U.S. account

Proof (confirmation of received e-mails and job resumes) that we are both seeking employment in the U.S.

I hope that this info can help somebody else on their visa journey! Note that we were able to do all of this from Italy without ever being apart from each other. Now we just have to get our plane tickets and we'll be on our way...

[Penguin_ie 5,994]

Thanks for coming back and updating!

Congrats!