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scottishlander

Domicile when not living in the USA for I-864

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I know there are many threads on domicile and ex-pats but I've still got a nagging issue.

Is "USA" the only acceptable answer for the I-864's country of domicile?

Basically, if the sponsor has always been domiciled outside the USA and the following applies:

You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

In other words, you are currently domiciled in another country but intend permanently move and get domiciled in the USA. Does it matter if you aren't re-establishing domicile because you never had it?

Would you put your country of domicile (Part 4, Box 5) as

1) "Canada - intend to establish domicile in USA"

or

2) "USA - see attached documents"

I understand that you must provide proof of intent to get domiciled in the USA but really just want to know what to put in the box!

Thanks!

Edited by scottishlander
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

After doing some research, the answer is to take the questions at face value. If you are permanently living in Canada and consider it your home, you put Canada as your country of domicile. Then you can provide proof that you have taken steps to establish your new domicile in the USA.

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Filed: Citizen (apr) Country: Canada
Timeline

Montreal is VERY strict about domicile. If you are not living in the US - you are NOT domiciled there

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Montreal is VERY strict about domicile. If you are not living in the US - you are NOT domiciled there

Good luck

Thanks! Yes, I thought the Country of Domicile was a trick question where the only right answer is USA!

So, my understanding is that you just put wherever you call home and then provide proof that you are pulling up stakes and establishing a new home and life in the USA! I.e., you do not need to currently be domiciled in the USA.

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Filed: Citizen (apr) Country: Canada
Timeline

Montreal is so strict about domicile that there is a pinned thread in the Canada forum, make sure you check it out. For many 'making plans' wasn't enough. Many times the USC had to move back to the US before the visa could be issued

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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