Are we Totally Screwed?

[ElectricBlue30 0]

Hi All,

I'm the USC petitioning for my wife and two step kids (my newborn daughter gets into the U.S. automatically).

I'm scared we might be totally screwed after seeing this stuff about Domicile. We are currently at the NVC stage of our Visa. However, I just came across the points saying I needed to have maintained domicile in the U.S.

Can anyone with experience here read this info I've shared and tell me what you think?

The Problem? I didn't really. In May 2010 I went to Australia for 11 days and my girlfriend (now wife) and I fell in love. Went back to the U.S., than back to Australia on a 3.5 month Visa. Went back to the U.S., than got a year Visa for 2011. By 2012 we applied for my own residency here in Australia and by 2014 it was granted.

So I did come here with the intention to move to Australia. What might work in our favor (I think) is that I have maintained a U.S. bank account and credit card associated with my parents U.S. address. I also have the option to use my Dad as a co-sponsor since they are so well off financially...

We have also been running a business in Australia for the past 3 years, however it's all been ONLINE with a decent number of our customers in the U.S. As of this past month, we've switched all transactions away from the official "Australian Registered Company" and tied it to my social security number in the states, and the monies or being deposited into my bank account. We intend on setting up an official U.S. based business once we arrive in the states. Perhaps that could work in my favor too?

Anyway, the State Gov website says in response to the question, "If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?" and they answer "No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor."

Considering what I've provided, should I just go in the the attitude that I have maintained domicile? My parents are in real estate too and could offer both their home or one of their rentals to us for official record.

If anyone has experience with this, please advise,

Thank you!

~E

P.S. The information about Domicile I've been reading about is here: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

[NikLR 13,227]

If you can establish that you have a place for your family to live and a job once you arrive then that should be sufficient. The bank accounts helps.

You needn't have maintained domicile, but instead prove intent to re-establish domicile.

[katze101 4]

If you read the NVC wiki it gives a sample letter that you can use to help show your intent to reestablish domicile. Pasted it below for easy reference.

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________