The first rational US embassy material for DCF and domicile?

[linh1 0]

We are ready to file the I-130 at BKK Embassy, but are holding off for one reason.

My husband was last in the States a couple of decades ago. The last thing we want to do is spend $8,000 for setting up domicile and then discover we did not have to. That is, my husband would fly to the US and then sign a year lease for an apartment that may sit idle for 6-12 months, and then fly back to BKK to be with me.

The following quote from the US Embassy Website in Manilla says the sponsor “Must at a minimum state that he or she intends to take up residence there [uSA] no later than the time of the applicant’s immigration to the United States.” This means concurrent entry into the US.

This is the first official US Embassy writing that actually deals with this situation rationally. They even talk about a petitioner “who has not maintained any ties with the United States.” That is, they do not expect us to be long term foreign residents while maintaining a US domicile.

We are not struggling to get 25% above the poverty level. My husband has worked hard and was clever (lucky?), and he does not need or want a job. We can buy a $200,000 house cash and still need no job. Does any of that count with USCIS? Are they afraid we might try to live under a bridge? Actually, a house with a nice garden and fruit trees near a great trout stream sounds better.

Anyway, here is the full page from: http://manila.usembassy.gov/wwwh3207.html

What is the U.S. Domicile Requirement for Petitioners Living Outside the U.S.

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. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently 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 applicant’s 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.

Summarized from 9 FAM 40.41 N6.1-2 Establishing U.S. Domicile (CT:VISA-1317; 09-24-2009)

[rucus 1]

Buy the house. That will show real intent.

[bendinlar 16]

yeah, the point is to show intent. communication with a realitor, setting up an account, transfering funds to said account, get a phone number, i think you mentioned a fishing licence before..... you get the idea.

now as for if bkk will look at that all the same way as manila would....., another story, but sounds feasable.

btw, uscis does not care, its the embassy and the interviewer you need to convince.