Intent to Domicile? K-1

[Melanie_P 1]

Hello,

My partner and I have lived together in the UK for the past five years. I am American and she is British. I am preparing to apply for a K-1 visa for her and visas for our children as well.

I intend to stay with them in the UK throughout the process (particularly because we have two 1 year olds), then for all of us to move together, but I understand that I have to prove intent to domicile if I do not currently reside in the US. Could anyone advise how I would prove this? Is there any reason that I (the sponsoring American) would not be able to remain in the UK throughout the application process?

Thanks for your help

[stevie b 141]

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME
SOCIAL SECURITY NUMBER
FORM I-1864
No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:
• Maintained my XXXX voter registration
• Maintained my XXXX credit card registered in the US with a US PO box
• Maintained my bank account at the XXXX Credit Union
• Maintained my bank account at XXXX Bank
• Maintained my XXXX drivers license
• Maintained my US retirement fund through XXXX
• Maintained my US investment account with XXXX
• Maintained my US PO box
• Maintained licensure by the XXXX
• Maintained membership in the XXXX
• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:
• Voter registration card showing permanent US address
• XXXX credit card statement showing US billing address
• XXXX Credit Union statement showing permanent US address
• XXXX Bank statement showing permanent US address
• XXXX drivers license showing permanent US address
• Retirement fund statement showing permanent US address
• Mutual fund statement showing permanent US address
• XXXX license currently up to date
• Renewal of XXXX membership
• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:
• Made arrangements for us to have a house to live in
• Contacted schools for requirements of things to bring to register my children in school
• Contacted my auto insurance company to find out about re-instating my insurance on my car
• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:
• Lease agreement for our house
• Email from schools regarding registration requirements
• Email from my former auto insurance company regarding my inquiry
• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________
NAME

Thanks to VJ member lemayz for this suggestion!

[lost_at_sea 995]

Have you considered marrying in the UK (or US, or anywhere) and filing the I-130 for CR-1 visa direct with London (DCF route)? It's considerably faster and cheaper than filing the I-129f for K1 (see my timeline for example).

For K1 or CR-1 - if you can't make the steps listed in the comment above to show domicile, it's not the end of the world - you'll just need to get a co-sponsor who is domiciled (and USC or LPR) in the US to file with you. The domicile requirement is related to the financial sponsorship, you see, rather than the general ability for someone to sponsor their partner.

DoS guidelines on domicile: http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Edited July 1, 2013 by lost_at_sea

[Boiler 46,016]

Why not get married in the UK?

[lost_at_sea 995]

Melanie - scrap what I said partially. I just remembered why marrying in the UK wouldn't work for you. Having said that, I don't see why you couldn't do DCF still if you got married in a State that allowed same-sex marriage (your British partner is allowed to go to the States and marry on VWP, so long as she comes home again afterwards - plenty of people do that all the time, see Vegas ).

After that, you're dealing with the DoS still, even if it is through London, and that's what matters.

Edited July 1, 2013 by lost_at_sea

[Nich-Nick 3,354]

Hello,

My partner and I have lived together in the UK for the past five years. I am American and she is British. I am preparing to apply for a K-1 visa for her and visas for our children as well.

I intend to stay with them in the UK throughout the process (particularly because we have two 1 year olds), then for all of us to move together, but I understand that I have to prove intent to domicile if I do not currently reside in the US. Could anyone advise how I would prove this? Is there any reason that I (the sponsoring American) would not be able to remain in the UK throughout the application process?

Thanks for your help

The law is written to say that I-864 sponsors must reside in the US or be domiciled in the US. The "intent to domicile" is your work-around since you are required to be the sponsor, whether you have assistance with a joint-sponsor or not.

You will be doing DCF most likely since you both reside in the UK. So you won't be mailing in a cover letter and evidence, but rather taking it in hand to the interview. The items in the sample are very good ideas, but you will be discussing in person.

Because it is London who will review any intent to domicile, this i-864 FAQ page on the London website should be studied as they will be doing the approving.

http://london.usembassy.gov/faqs-i864.html

Click on the "domicile" link and they explain it very well. Things people have used in the past were correspondence back and forth with agents in the US concerning housing search, appraisals of UK property, correspondence with UK removal companies discussing the move.

I recall one interview that had other issues and maybe a substitute officer that sounded meaner than the regular staff. That person was demanding to see resignation letters from work, proof of selling everything in the UK. It was rather ridiculous to think people would burn their bridges before being approved for a visa, so stand your ground. That is not required.

[Melanie_P 1]

Hello,

Yes, both women, can't marry here. I don't think we'd really save any money by travelling to the US just to marry, then returning and filing as already married, since the cost of the trip is so expensive. My partner is also very scared of transatlantic flights, so would be difficult to convince. We are planning on taking the QM2 over when we move.

Also, since I am not currently employed in the US, the fiance visa financial requirements seem easier to meet/more flexible than if we were applying as already married. I will be able to find a job before we apply for adjustment of status to meet the financial requirements of the I 864, but not until we move.

Thanks

Melanie - scrap what I said partially. I just remembered why marrying in the UK wouldn't work for you. Having said that, I don't see why you couldn't do DCF still if you got married in a State that allowed same-sex marriage (your British partner is allowed to go to the States and marry on VWP, so long as she comes home again afterwards - plenty of people do that all the time, see Vegas ).

After that, you're dealing with the DoS still, even if it is through London, and that's what matters.

[Melanie_P 1]

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

Thanks to VJ member lemayz for this suggestion!

Hello,

I would be living in the US prior to the AOS, but do I have to prove 'intent to domicile' when filing the I-129F petition? Or as part of the fiancees paperwork when she is interviewed in London?

Thank you

[lost_at_sea 995]

Hello,

I would be living in the US prior to the AOS, but do I have to prove 'intent to domicile' when filing the I-129F petition? Or as part of the fiancees paperwork when she is interviewed in London?

Thank you

No, not need to prove domicile for the I-129f, it's just for the financial support aspect. It won't come up until the interview for the K1 (when you're doing the I-134 form).

[Melanie_P 1]

Thank you. So I would prepare a letter/statement and supporting documents as suggested by Stevie B also work in conjunction with the I-134 (rather than the I-834) at the time of the interview?

Kind Regards,

M

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME
SOCIAL SECURITY NUMBER
FORM I-1864
No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:
• Maintained my XXXX voter registration
• Maintained my XXXX credit card registered in the US with a US PO box
• Maintained my bank account at the XXXX Credit Union
• Maintained my bank account at XXXX Bank
• Maintained my XXXX drivers license
• Maintained my US retirement fund through XXXX
• Maintained my US investment account with XXXX
• Maintained my US PO box
• Maintained licensure by the XXXX
• Maintained membership in the XXXX
• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:
• Voter registration card showing permanent US address
• XXXX credit card statement showing US billing address
• XXXX Credit Union statement showing permanent US address
• XXXX Bank statement showing permanent US address
• XXXX drivers license showing permanent US address
• Retirement fund statement showing permanent US address
• Mutual fund statement showing permanent US address
• XXXX license currently up to date
• Renewal of XXXX membership
• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:
• Made arrangements for us to have a house to live in
• Contacted schools for requirements of things to bring to register my children in school
• Contacted my auto insurance company to find out about re-instating my insurance on my car
• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:
• Lease agreement for our house
• Email from schools regarding registration requirements
• Email from my former auto insurance company regarding my inquiry
• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________
NAME

Thanks to VJ member lemayz for this suggestion!

No, not need to prove domicile for the I-129f, it's just for the financial support aspect. It won't come up until the interview for the K1 (when you're doing the I-134 form).

**Sorry, I meant to quote both of the above in the previous post**

Thank you. So I would prepare a letter/statement and supporting documents as suggested by Stevie B also work in conjunction with the I-134 (rather than the I-834) at the time of the interview?

Kind Regards,

M

[lost_at_sea 995]

Thank you. So I would prepare a letter/statement and supporting documents as suggested by Stevie B also work in conjunction with the I-134 (rather than the I-834) at the time of the interview?

Kind Regards,

M

**Sorry, I meant to quote both of the above in the previous post**

Thank you. So I would prepare a letter/statement and supporting documents as suggested by Stevie B also work in conjunction with the I-134 (rather than the I-834) at the time of the interview?

Kind Regards,

M

Yep, that sounds good!

[stevie b 141]

yip.. just be prepared for what will eventually come up