Denied due to lack of domicile

[ThailandExpat 0]

My wife went for her interview today and was denied due to my lack of domicileness. The officer gave us one year to provide evidence of my intent to return back to America but he would not provide my wife any concrete steps that we must take to prove this. We sent the following documents for the interview:

1: recently opened bank account in America

2: voting records for both local and federal elections

3: tax returns for the previous six years while in Thailand

4: invitation letter from my aunt to stay at her residence while we get on our fee

The only other things that I can think that I can include the next time are:

1: copy of a 1 way plane ticket back to the states

2: legal and binding contract with my aunt covering rent

3: letter from my dad's doctor explaining his declining health

I don't have any assets in America and I had planned on being a farmhand / handyman once I get back to support my wife. The only outstanding bills I have are my college tuituion.

I've looked at my embassy website about this issue but they do not offer concrete steps for me to take. Each case is unique. What other suggestions can anyone provide that will allow my wife and i to enter into America together?

[Darnell 8,478]

US Expats living in Canada have this problem also, and write of it often.

There's 2 paths you can choose:

1. proof of USA domicile or

2. proof of steps taken to re-establish USA domicile.

Here's the url - read a bit, the first 3 pages and the last 10 pages..

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[mrss13 2]

Ugh I hate to hear that.. I worry a lot about that too. Another thing that I'm including is a copy of my professional teaching license which I have maintained in the US, and proof that we are getting my husband's credentials evaluated to get his professional license in the US. Do you have anything like that you could include? Good luck!

[ThailandExpat 0]

Thanks Darnell for providing that link but unfortunately I have already read it. Quoting from a different website

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

http://aboutusvisas.com/how-to-prove-intent-to-domicile-in-the-us/

1: check

2: check

3: have not transferred any funds from Thailand to America due to the insane fees associated with such transfers. Will have to reconsider that position after today

4: I have a small forex account in America. Will that help?

5: Hard to seek employment when you on the other side of the world.

6: already have a ss number

7: check

8: my wife and I have no kids

9: check: I've not had to pay any taxes due to my relatively meager income but I have filed for my taxes each year

10: How can I take such steps to relinquish residency in Thailand? My contract with the school will end at the end of this month and I have no plans on teaching another year here

edit: typo

Edited September 30, 2013 by ThailandExpat

[ThailandExpat 0]

Ugh I hate to hear that.. I worry a lot about that too. Another thing that I'm including is a copy of my professional teaching license which I have maintained in the US, and proof that we are getting my husband's credentials evaluated to get his professional license in the US. Do you have anything like that you could include? Good luck!

I have a degree in social work (BSW) but I never received or sought licensure in that field. My wife has a teaching license from the Philippines and we can look at getting that transferred to America but I doubt that will help me with my domicile issue

[Darnell 8,478]

Apologies - after I posted my first reply to you here, and then studied your prior posts,

I learned that I was being repetitive.

So, I'm out. Good Luck, whatever path you choose.

[lost_at_sea 995]

On 10. What is your housing situation? You can use putting your house up for sale as intent to relinquish residency. Statement that you are not renewing a rental residency from landlord/estate agency. If you are not renewing your job, showing the expiry of your contract may help. For ours, we showed his temporary work assignment abroad, and the dates that was ending.

Information from London (which i know you are not at, but to expand options) on how to prove domicile also lists such things as correspondence with realtors in US, quotes for shipping of personal affects/furniture, valuation of property you are selling to move.

Worst case, if you cannot prove domicile while remaining abroad, you'll have to move ahead of your spouse.

[Edits are many typos. Stupid phone]

Edited September 30, 2013 by lost_at_sea

[WrotoMco 0]

My husband was denied a visa for the same reason. We originally submitted:

Proof of a valid US bank account

Copies of correspondence received at US address

Proof of temporary residence in Poland

Now we will also add:

A letter from my mom stating that we will reside with her

Proof of US stocks owned

Proof of transferring money to US bank account

...Thinking about adding- proof of on time payments for US debt for the time I've been in Poland, quote from a moving company for moving our belongings, and possibly my voter registration card if I can order a duplicate copy.

Please let me know what additional documents you submit and if they help your case.

... and unrelated I am also a social worker : )

Good luck!

[marcusk 0]

Hi, very sorry to hear this as well. I am in the same boat. Rather than starting a new thread, I will keep this going to hopefully grow information about this issue.

Here are my details:

- Me, my wife and my baby are in Seoul.

- I'm the US Citizen, wife is the petitioning immigrant. Baby is also US citizen.

- Wife submitted DS-230 and all supporting documents for final interview at embassy in seoul.

- She was denied due to 2 things:

1) Proof of my earned income in Korea (did not file my earnings in the states)

2) Proof of domicile/job offer in US

- The person I chose for I-864a has a business, but her business income of 27K was not enough to satisfy the embassy.

How much should the co-sponsor be earning?

I ended up getting an immigration lawyer involved. In his words, the only thing that can get my wife a visa is a co-sponsor with a w2. Someone who works at a company. Also, it's not easy for even a friend to just say yes to something like this. And I don't want to keep asking friends and find out that they can't or don't want to co-sponsor her, which kind of puts a damper on the friendship.

Also, do temporary jobs count?

I've been scouring every job sight out there, applying my butt off. But no return calls yet. I'm pretty sure I can land a contract/temporary job, but would that be enough to secure my wife's visa?

House in my name?

My mom's house is all paid for, the name on it is hers but can be transferred to me. Once house is in my name, could I just give them a copy of the deed to show my proof of residence?

Feel like I'm in purgatory

[Expat1 971]

My wife went for her interview today and was denied due to my lack of domicileness. The officer gave us one year to provide evidence of my intent to return back to America but he would not provide my wife any concrete steps that we must take to prove this. We sent the following documents for the interview:

1: recently opened bank account in America

2: voting records for both local and federal elections

3: tax returns for the previous six years while in Thailand

4: invitation letter from my aunt to stay at her residence while we get on our fee

The only other things that I can think that I can include the next time are:

1: copy of a 1 way plane ticket back to the states

2: legal and binding contract with my aunt covering rent

3: letter from my dad's doctor explaining his declining health

I don't have any assets in America and I had planned on being a farmhand / handyman once I get back to support my wife. The only outstanding bills I have are my college tuituion.

I've looked at my embassy website about this issue but they do not offer concrete steps for me to take. Each case is unique. What other suggestions can anyone provide that will allow my wife and i to enter into America together?

We did it but i had a registered/insured car, 401k account, and my salary had been being direct deposited from overseas into the us bank account. Also had a current drivers license. We had us cell phones, us credit cards, us phone line (vonage), etc

Dont buy the plane ticket lol, you have 6 months to use the visa after it gets put into the passport. Biggest hurdle for DCF is usually the affidavit of support. Intent to reside was just a big review of our ties but keeping those ties came at a ruinous expense lol

[Ontarkie 14,226]

~~One post split off as to not cause confusion to this 2.5 yr old thread.~~

~~Zombie thread locked to further comments as the OP has not been back since 2014~~