Domicile and Intent to Re establish Residency in US

[ladylex 0]

Hello, friends! My husband's (USC) work is overseas contracting. Since July 2012 until the present, we live here in the Philippines and are still in the process of finding him another contract in the middle east after the last one expired last June 2012.

He has no house or any apartment rented in the US and stays with his friend's house when he is there (reason being,it's another unnecessary expense for us if he maintains a lease there). His personal effects are in a trailer in a friend's yard in US too. He maintains a bank account in US, holds a valid driver's license (in fact, he just renewed it last November 2012 when he went back for 3 weeks to attend to some personal business).

Our plans are to get him another contract for work overseas (middle east) while we wait for the approval of our IR-1 visa and hopefully, by the time his new contract ends, we'll get the visas and all go back to reside in the US.

My question is, given our circumstances, how can we prove his intent to re-establish residence once we file our Form I-864?

Your replies here will be greatly appreciated! Thank you

[dave01 16]

Hello, friends! My husband's (USC) work is overseas contracting. Since July 2012 until the present, we live here in the Philippines and are still in the process of finding him another contract in the middle east after the last one expired last June 2012.

He has no house or any apartment rented in the US and stays with his friend's house when he is there (reason being,it's another unnecessary expense for us if he maintains a lease there). His personal effects are in a trailer in a friend's yard in US too. He maintains a bank account in US, holds a valid driver's license (in fact, he just renewed it last November 2012 when he went back for 3 weeks to attend to some personal business).

Our plans are to get him another contract for work overseas (middle east) while we wait for the approval of our IR-1 visa and hopefully, by the time his new contract ends, we'll get the visas and all go back to reside in the US.

My question is, given our circumstances, how can we prove his intent to re-establish residence once we file our Form I-864?

Your replies here will be greatly appreciated! Thank you

Having a bank account and or credit cards from the US will help. Remember he has to have filed his last three years of income taxes. Registering to vote, owning a car are a couple of things that could help. Remember he only has to show intent so even an affidavit or statement that he is returning to the US to live would help.

[Tahoma 2,292]

He should make out a rental contract with his friend.

[JL stanley 0]

I did rental agreement,pre-registering my son to school and just opened a bank acct.and they approved my AOS.

[ladylex 0]

Having a bank account and or credit cards from the US will help. Remember he has to have filed his last three years of income taxes. Registering to vote, owning a car are a couple of things that could help. Remember he only has to show intent so even an affidavit or statement that he is returning to the US to live would help.

Thanks, dave01. The affidavit is a good suggestion and we will keep that in mind.

[ladylex 0]

I did rental agreement,pre-registering my son to school and just opened a bank acct.and they approved my AOS.

[/quote

Thank you for the reply. I'm curious about pre-registration of your son to school. We plan to file our I-130 next week, so does it mean we can pre-register my son to school for the school year 2013?

He should make out a rental contract with his friend.

Thanks for the advice, Tahoma! I told my husband about this and he said he can talk about it with his friend.

[JL stanley 0]

Actually the school dont pre register. What my inlaws did (they are my co sponsor) get a letter from school n the school requirement.

[himher 634]

We had been out of the country for 3 years and my stuff was relocated when we moved so almost everything we owned was overseas. I had some things stored at my parents house and my car was parked and registered at that address. My credit cards and bank accounts were addressed there, and we had kept our cell accounts active and they were also addressed there.

They interviewed both of us separately. I told them our intent was to bunk there temporarily while we worked out a permanent place to stay.

Intent is pretty straightforward. If your assets (they consider assets to be your $$ LOL) are in the US and you have at least a temporary plan and specific place to stay worked out then your case is pretty straightforward.

Hello, friends! My husband's (USC) work is overseas contracting. Since July 2012 until the present, we live here in the Philippines and are still in the process of finding him another contract in the middle east after the last one expired last June 2012.

He has no house or any apartment rented in the US and stays with his friend's house when he is there (reason being,it's another unnecessary expense for us if he maintains a lease there). His personal effects are in a trailer in a friend's yard in US too. He maintains a bank account in US, holds a valid driver's license (in fact, he just renewed it last November 2012 when he went back for 3 weeks to attend to some personal business).

Our plans are to get him another contract for work overseas (middle east) while we wait for the approval of our IR-1 visa and hopefully, by the time his new contract ends, we'll get the visas and all go back to reside in the US.

My question is, given our circumstances, how can we prove his intent to re-establish residence once we file our Form I-864?

Your replies here will be greatly appreciated! Thank you

Edited March 8, 2013 by himher

[himher 634]

A rental contract for a move 8 months in the future would be a reg flag wouldnt you think? LOL

He should make out a rental contract with his friend.

[Tahoma 2,292]

A rental contract for a move 8 months in the future would be a reg flag wouldnt you think? LOL

I've seen it work before to establish domicile.

The contract can be worded any way the two parties want it to be. For example, the terms of the contract could set the payment amount very low when he's not living there, and higher when he is living there.