Proof of domicile

[rickjames8 0]

Hello all,

I am in the process of filing an Affadavit of Support and need to prove that I have a domicile in the US.

I have been living abroad for the past 10 years. During this time, my parents house has been my legal address for mail and bank accounts, and it still is. When I return to the US (with my wife, upon getting the visa) we will go to my parents house and stay there for a few weeks until we locate our own place. My parents don't charge me anything for this (aren't they nice?).

Does this qualify as 'maintaining domicile'? Would it help if I had my dad draft a rental agreement? Would it help if he drafted something maintaining that he has charged me $X per month for the past few years to maintain a room there for visits and storage of stuff? Or is it just sufficient for him to write a letter saying I stay there for free? Keeping in mind I don't want to put him in a situation where they'd ask him to be a co-sponsor.

I own a house in the US, but it is a rental property and will remain a rental property. I have no intention to live there, and furthermore I need it to remain categorized as an investment if I want to claim it as an asset.

Thanks,

-Rick

[bsd058 296]

Hello all,

I am in the process of filing an Affadavit of Support and need to prove that I have a domicile in the US.

I have been living abroad for the past 10 years. During this time, my parents house has been my legal address for mail and bank accounts, and it still is. When I return to the US (with my wife, upon getting the visa) we will go to my parents house and stay there for a few weeks until we locate our own place. My parents don't charge me anything for this (aren't they nice?).

Does this qualify as 'maintaining domicile'? Would it help if I had my dad draft a rental agreement? Would it help if he drafted something maintaining that he has charged me $X per month for the past few years to maintain a room there for visits and storage of stuff? Or is it just sufficient for him to write a letter saying I stay there for free? Keeping in mind I don't want to put him in a situation where they'd ask him to be a co-sponsor.

I own a house in the US, but it is a rental property and will remain a rental property. I have no intention to live there, and furthermore I need it to remain categorized as an investment if I want to claim it as an asset.

Thanks,

-Rick

Don't make it seem like he's been charging you rent for the past few years if he hasn't. That's called fraud. You'd be trying to trick USCIS into thinking you kept a residence by contract when in fact you are only planning on moving in with your parents when you move back to the US.

I think it would be enough that he can write a letter saying that you will be allowed to stay there for free, or for an agreed monetary amount.

A monetary amount would be better since if there is a promise of exchanging money (rent) and services (room), then consideration has been met and a contract is formed. You both need to sign the rental agreement if you do it this way.

But do not state that he's been renting to you for the past while. That sounds suspicious, like you're trying to get around red tape. And it's lying (fraud) if it isn't true. Albeit, if it is true, then that's fine.

If he charges you rent, as a landlord he wouldn't need to sponsor you. I think even if you are living for free there he wouldn't need to sponsor you, but especially as a landlord.

Edited January 24, 2013 by bsd058

[rickjames8 0]

Don't make it seem like he's been charging you rent for the past few years if he hasn't. That's called fraud. You'd be trying to trick USCIS into thinking you kept a residence by contract when in fact you are only planning on moving in with your parents when you move back to the US.

Good point. I hadn't thought of it that way. My dad does maintain many of my affairs while I am away and from time to time I pay him for this. But it's very informal. My intent wasnt to commit fraud, but rather try to formalize an informal agreement. But I guess no matter how you look at it, backdating a contract is fraud.

If I have him write up a rental agreement, I am unsure as to how to describe the timeframe. We need to rent space from him 'upon our return'. Can the contract be worded like that? Or will they want to see that I have a place arranged NOW, and therefore I should have him draft a contract stating that as of February 1st, I am renting a room for $X?

-Rick

[BoogyPup 1]

Hello all,

I am in the process of filing an Affadavit of Support and need to prove that I have a domicile in the US.

I have been living abroad for the past 10 years. During this time, my parents house has been my legal address for mail and bank accounts, and it still is. When I return to the US (with my wife, upon getting the visa) we will go to my parents house and stay there for a few weeks until we locate our own place. My parents don't charge me anything for this (aren't they nice?).

Does this qualify as 'maintaining domicile'? Would it help if I had my dad draft a rental agreement? Would it help if he drafted something maintaining that he has charged me $X per month for the past few years to maintain a room there for visits and storage of stuff? Or is it just sufficient for him to write a letter saying I stay there for free? Keeping in mind I don't want to put him in a situation where they'd ask him to be a co-sponsor.

I own a house in the US, but it is a rental property and will remain a rental property. I have no intention to live there, and furthermore I need it to remain categorized as an investment if I want to claim it as an asset.

Thanks,

-Rick

I will just share with u what he did for domicile issue..

1) did some apartment search online and printed the copy of that - nothing concrete just that we were searching for an apartment to rent.

2) contacted local moving company and asked for their quotes to move our belongings back to US....we liased with the moving company via email so printed out all the liasing details..

3) voter registration card...it was good thing that last year was voting time in US so we filled out the absentee ballot and send to US...kept the copies of it and submitted as domicile document.

4) photocopied valid US drivers license

we did not have any US bank accounts but that is a good proof too - if we had then we would definetly have submitted it...

YOu have stayed outside US for 10 yrs...so u could show all the above proofs as intent to re-establish domicle in US.

show them the steps ur taking to do so...u can also sell some of your stuff as u r moving - take a picture of that and say that ur selling ur things....

We did not have any problems for domicle issues as we sent the above to them...my hubby USC was out of US for about 4 yrs.......You will be fine too...just give them as many steps u have taken as possible...make a cover letter and attach all the printed/photocopied things u can submit.... Good Luck

[rickjames8 0]

I will just share with u what he did for domicile issue..

(edit)

Roxeen,

Thanks so much. I have a licence and bank accounts and such, so that should be good. I'll use your idea and print some listings.

-Rick