Confused about Mailing Address vs. Place of Residence and Domicile

[maeve808 5]

Hi all! I'm new here and still in the document gathering phase. My spouse and I currently live in Germany and plan to go the CR1 DCF route. I'm a dual U.S./German citizen and my spouse is from Eastern Europe (we're a same-sex couple). We had lived together in the U.S. for almost 10 years, but when my spouse's student visa expired, we were forced to leave last year. Now that DOMA is gone, we hope to move back and resume the life we had there.

I'm right now filling out forms I-130 and the Affidavit and I'm a bit confused about the address part. I was obviously forced to abandon my U.S. residence and don't have family there. But we have a good friend whose address we can use and where we plan to stay initially until we find our own place. So on form I-864 (Affidavit), I was planning to put our current German address as our mailing address. But what address should I use In Part 4 under "Sponsor's Place of Residence" and "Country of Domicile"? Is it recommended to use a U.S. address here since it is a requirement that the sponsor has a U.S. domicile?

On Form I-130 Part B it also asks about the address of the sponsor and beneficiary. So we again put our current German address here?

I'd greatly appreciate any tips and advice!

[Joey&Cess 1]

Hi! On the I-864 you put down your Germany address under Sponsor's Place of Residence and for the Country of Domicile you simply put US (no need for an address). And on form I-130 regarding the address for the sponsor and beneficiary, you're right - you put put down your current German address I hope that helps! Best wishes to you and your spouse!

[maeve808 5]

Thanks for your reply, Joey&Cess. So then basically the only place in the petition where we have to put down a U.S. address is on the I-130 form where it says: "Address in the United States where your relative intends to live"?

I had assumed that I have to prove I'm domiciled in the U.S. with a U.S. address. But if it's nowhere entered in form I-130 or I-864, do I have to attach a sheet and explain that I intend to re-establish domicile and where I intend to re-establish it?

[Joey&Cess 1]

You're very welcome Yes, that's the only area on I-130 that you put a US address on.

As for proving domicile, you don't have to do that until your spouse is ready for interview. And along with the requirements for the interview, you may include a letter explaining your domicile or steps you've taken to reestablish your domicile (with supporting documents). Here's a list of how you can prove your domicile:

THE U.S. DOMICILE REQUIREMENT FOR PETITIONERS LIVING OUTSIDE THE U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

(1) That he or she has taken steps to establish a domicile in the United States;

(2) That he or she has either already taken up physical residence in the United States or will do so concurrently with the applicant;

(3) The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

(5) Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicants immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a Social Security number; and

(7) Voting in local, State, or Federal elections.

[WrotoMco 0]

You will need to prove domicile in US even if you have a joint sponsor for the Affidavit of Support. I recommend changing as many things as you can (credit cards, bank statements, etc. ) to a US address so you have proof that you have established domicile there. Make sure to keep your drivers license and voter id card current if possible. My partner and I were just rejected at the interview because having an active US bank account and mailing address was not enough.

Good luck to you and your spouse!!

[maeve808 5]

Thanks for this very useful info! I was also wondering, if I don't put my future U.S. address on the Affidavit Form I-864, then how do they know I plan to move to Hawaii and therefore have to have an income of at least $22,312 (instead of $19,387)?

[jaycali 415]

You will need to prove domicile in US even if you have a joint sponsor for the Affidavit of Support. I recommend changing as many things as you can (credit cards, bank statements, etc. ) to a US address so you have proof that you have established domicile there. Make sure to keep your drivers license and voter id card current if possible. My partner and I were just rejected at the interview because having an active US bank account and mailing address was not enough.

Good luck to you and your spouse!!

Thanks for this very useful info! I was also wondering, if I don't put my future U.S. address on the Affidavit Form I-864, then how do they know I plan to move to Hawaii and therefore have to have an income of at least $22,312 (instead of $19,387)?

If you have a Hawaii driver's license, Bank of Hawaii account addressed to a Hawaii address and a voter ID card registered in Honolulu, it will be difficult to convince the men and women of the State Department that you're actually going to set up shop in Kentucky. Proving domicile ties you to a state. What state though is irrelevant, unless your income is $21,000. Edited October 18, 2013 by jaycali

[maeve808 5]

Thanks jaycali, that makes sense. They will look at the application as a whole. I had assumed it has to be obvious for them just by looking at the Affidavit of Support Form that it is for Hawaii. And yes, I estimate I will make around $21,000 this year (self-employed).