Domicile when living abroad

[LoveExile 27]

Since we have been living in Europe for 4 years. we do not have U.S. jobs or a U.S. address. Does anyone have any advice on how we handle the domicile issue for the I-864? Ideally we would like to wait until my husband has the Immigration Visa approved before we leave our European jobs and move. We don't really want to rent or buy a U.S. residence, just to leave it vacant for months while we wait for his visa approval. We have enough cash saved to satisfy the income requirement, but this domicile issue is causing some stress.

Do we absolutely need a U.S. address to prove domicile for the I-864? Could I use my parent's address, even though they live in Montana but we intend to settle in Maryland? We don't want to do anything dishonest. Is there some way we could prove a good-faith intention to move without having an address? We certainly have enough emails and text messages where we've talked about how we "can't wait" to move to the U.S. over the years. We just had to wait for DOMA to be overturned.

Could we maybe say that the only reason I (the U.S. citizen) left the United States was because I could not sponsor my spouse for U.S. immigration, and now that DOMA is overturned we are doing what we otherwise would have done 4 years ago? Could this maybe prove that my time in Europe was "temporary" pending the end of federal marriage discrimination for immigration purposes?

1. Country USC resides in: The Netherlands
2. Is there a USCIS field office in this country / Is DCF still possible? No
3. When did you file the I-130: 18 July 2013
4. How long had you been living abroad: 4 years
5. Do you reside in the country legally? Yes
6. What is the reason for your residence: Family Unification (EU spouse); also work for International Organization
7. Did you list your foreign address on all forms in I-130 package? Yes
8. Did you send I-130 package from abroad? Yes
9. Did you include evidence of your residence abroad in the I-130 package? Yes, I included our rental agreements as proof of relationship
10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? The cover letter listed our address, and I specifically mention that we live together in Europe where it asks for a U.S. address where beneficiary will live.
11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? I don't know. I hope soon!

[malamaja 1]

Hi there

I can only tell you what we did. We have not received any further checklists in relation to domicile so I'm assuming we're in the clear.

To prove domicile, my husband (USC) has been living in Australia for 7 years, we sent following documents to NVC:

1) a written explanation, how he came here to start a business, how that business has now been closed down, and that he plans to relocate as soon as my visa is approved

2) legal documents showing business has been closed

3) a copy of Australian visa showing the expiry date in December (cannot be renewed)

4) a copy of our apartment lease here in Sydney expiring in September, with no intention of renewal

5) copies of 3 credit card statements and various term deposit and bank accounts (all in USA) - statements show we have been slowly transferring money from Australia to US

6) a copy of a medical receipt showing my husband gets most of his medical/dental work done in the USA (proving he is retaining a "home" there)

7) a number of letters from various institutions (including insurance) that are going to his parents’ house right now in the USA (but are intentioned to him)

8) a copy of travel record that shows that we go to USA at least 2 times a year, and that we maintain very close ties to friends and family

Domicile is a very case specific issue. Hope my list gives you some idea how you could potentially prove domicile in your case.

There a whole lot of posts on here where people list ideas as well, including lease agreenent with parents/family, quotes from shipment companies, emails to/from real estate agents, communiction from potential schools etc

Good luck!

[LoveExile 27]

Thanks so much! This is really helpful!

Hi there

I can only tell you what we did. We have not received any further checklists in relation to domicile so I'm assuming we're in the clear.

To prove domicile, my husband (USC) has been living in Australia for 7 years, we sent following documents to NVC:

1) a written explanation, how he came here to start a business, how that business has now been closed down, and that he plans to relocate as soon as my visa is approved

2) legal documents showing business has been closed

3) a copy of Australian visa showing the expiry date in December (cannot be renewed)

4) a copy of our apartment lease here in Sydney expiring in September, with no intention of renewal

5) copies of 3 credit card statements and various term deposit and bank accounts (all in USA) - statements show we have been slowly transferring money from Australia to US

6) a copy of a medical receipt showing my husband gets most of his medical/dental work done in the USA (proving he is retaining a "home" there)

7) a number of letters from various institutions (including insurance) that are going to his parents’ house right now in the USA (but are intentioned to him)

8) a copy of travel record that shows that we go to USA at least 2 times a year, and that we maintain very close ties to friends and family

Domicile is a very case specific issue. Hope my list gives you some idea how you could potentially prove domicile in your case.

There a whole lot of posts on here where people list ideas as well, including lease agreenent with parents/family, quotes from shipment companies, emails to/from real estate agents, communiction from potential schools etc

Good luck!