Domicile Question

[jeffinjapan 0]

Hello all!

I have a question about establishing domicile on the I-864 form.

I've been in Japan for 11 years, but my Japanese wife and I are going back to the states primarily to live with my mom, who has been really lonely since my dad passed away last year.

The main reason for our return is to live with my mom, so I won't be able to get a lease agreement for housing. It'll be free.

How should I handle this? Get a letter from my mom explaining the situation? Any templates, recommendations or ideas?

Would my mom need to fill out a I-864a in this case?

If she does, perhaps I should also use her as a sponsor? I don't think I need one, but it couldn't hurt, right?

Thanks!!!

[Merrytooth 5,748]

Your mom could write a letter stating that both of you would be living in the U.S. with her after your wife received her visa.

You will still be the main sponsor for your wife while your mom will be the joint sponsor.

How to File an Affidavit of Support

You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. If you have a joint sponsor, they must also complete Form I-864. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.

To prove, establish or reestablish domicile, a sponsor must set up a principal residence in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

“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)

Domicile is a complex issue and is determined on a case-by-case basis. The burden of proving domicile lies with the U.S. citizen sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular or USCIS officer to make such a determination at his or her professional discretion.

[jeffinjapan 0]

Thanks for the response!

Just to clear things up in my mind, using my nom's house for domicile would require her filling out an I-864? If we use any of her financial support we would also need an I-864a from her?

Can my wife fill out an I-864a as well?

Thanks!!!