Student visa in the UK DCF - domicile question

[xDiamond 0]

I'm an American MA student who just finished their course in the UK, intending to move back to the US at the end of October. My student visa expires in January anyway.

My wife is a UK citizen, we have our interview in about 3 weeks.

As I'm on a student visa, do I need to prove domicile? It seems almost implied, but if not, what do I need to prove in regard to domicile? I do have an American bank account still open back in the US (I've only been in the UK for a year), I still have both my American credit and debit card. My drivers license has sadly expired, though.

Thanks.

[Anh map 2,098]

It seems almost maybe kinda sorta........

Yes, you do. Check Webster's for the definition of "domicile" and the I-864 FAQ's for what is needed >>> http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

[xDiamond 0]

I appreciate the link -- but what is recommended to convince the officer? What could define "continued ties" (or is that on Webster's as well)?

[Nich-Nick 3,354]

I appreciate the link -- but what is recommended to convince the officer? What could define "continued ties" (or is that on Webster's as well)?

London interviews are not particularly difficult on this issue. Some don't even get asked. Can you renew your license online or register to vote? Show you have found a place to live or correspondence with an apartment finder. Here is a London FAQ on the topic. http://london.usembassy.gov/iv/ivfaqs_affidavit.html

[xDiamond 0]

As usual, appreciate the response N-N. I'll look into renewing the license. I was registered to vote before I left, though I don't know... anything about the matter. I do have a place to temporarily live - we're intending to stay with my father for the week or so it'll take to get an apartment. I'll likewise be emailing the realtor I met back in July to touch base with her, and to sign a lease prior to November 1st (I expect) for our actually living space.

Perhaps I should get an email printed from my father explaining that we'll be at his place, as well as print-outs of my conversation with the realtor?

Edited September 26, 2015 by xDiamond

[Nich-Nick 3,354]

As usual, appreciate the response N-N. I'll look into renewing the license. I was registered to vote before I left, though I don't know... anything about the matter. I do have a place to temporarily live - we're intending to stay with my father for the week or so it'll take to get an apartment. I'll likewise be emailing the realtor I met back in July to touch base with her, and to sign a lease prior to November 1st (I expect) for our actually living space.

Perhaps I should get an email printed from my father explaining that we'll be at his place, as well as print-outs of my conversation with the realtor?

Yes all of that. You said you are moving back in October. That kind of solves everything if the interview is after you have moved. The whole domicile is so you can sponsor the I-864 as required. The work around for those in the foreign country is to show INTENT to be in the U.S. if you have nothing to show you always maintained your domicile and your residence abroad was temporary. Like you said, as a student that is almost implied. Maybe a copy of your visa date and something saying course is complete. I don't often see anybody have an issue in London so don't try to move mountains to compile all this.

[oxfordkentuckian 0]

My husband (the US citizen on a Tier 4 visa) and I are in a similar situation to yours, xDiamond. It seems like they won't be too worried about your domicile status, especially if your course was only for a year, which should be reflected on your Tier 4 visa.

Everyone else has given really good suggestions; the only thing I have to add is to email the consulate in London (USCIS.London@uscis.dhs.gov)! We've sent them a couple of emails so far and they've been quick to respond, usually within a couple of days. If you're still in any doubt, it might be best to ask them directly. All the best!

Edited September 29, 2015 by oxfordkentuckian

[Nich-Nick 3,354]

My husband (the US citizen on a Tier 4 visa) and I are in a similar situation to yours, xDiamond. It seems like they won't be too worried about your domicile status, especially if your course was only for a year, which should be reflected on your Tier 4 visa.

Everyone else has given really good suggestions; the only thing I have to add is to email the consulate in London (USCIS.London@uscis.dhs.gov)! We've sent them a couple of emails so far and they've been quick to respond, usually within a couple of days. If you're still in any doubt, it might be best to ask them directly. All the best!

That email is to USCIS for questions about the petition.

If you need the consulate for questions about the visa part, use the online contact form http://london.usembassy.gov/niv/visa_contact_form.html

One is Dept of Homeland Security (USCIS) and the other is Dept of State (consulate Immigrant Visa Unit).

[xDiamond 0]

Hey N-N, maybe you'll know the answer to this.

If I didn't live or work in the US at all last year (I taught English in Prague and then studied in the UK), what should I bring with me with the affidavit? I'll be filling out the i-864, and I have my 2013 tax returns, but is there anything else?

For what it's worth, my father is a joint sponsor, I've got his tax returns and i-864 and all that.

Edited September 30, 2015 by xDiamond

[Nich-Nick 3,354]

Hey N-N, maybe you'll know the answer to this.

If I didn't live or work in the US at all last year (I taught English in Prague and then studied in the UK), what should I bring with me with the affidavit? I'll be filling out the i-864, and I have my 2013 tax returns, but is there anything else?

For what it's worth, my father is a joint sponsor, I've got his tax returns and i-864 and all that.

There's a couple of issue to address here:

1) IRS- You are required by the IRS to file a tax return every year that you earn over the filing threshold no matter where you live or earn. So figure out your 2014 earnings, convert to US dollars and look at the 2014 form 1040 instructions which will tell you if you earned enough to file based on filing status...married, single, etc. IF you should have filed, do it now. (I can help with that if needed).

2) VISA- as the primary sponsor you must do an I-864 even if you also have a joint sponsor's I-864. A requirement for your documentation is your latest tax return (2014) or a written/signed statement stating why you were not required to file in 2014. Being out of the country is not a valid reason. Earning less than the required IRS filing threshold is valid. Be specific if that is the case." I earned $1234.56 in 2014 and was not required to file a tax return because I was below the IRS filing threshold of $xxxx.xx for an unmarried tax payer." Provide your 2014 tax return or statement with the I-864. Your 2013 return is optional as stated in the I-864 instructions. Read the section about tax returns again.

[xDiamond 0]

Thanks N-N. I did not make over the required amount to file. The amount is $10,150 for a single under 65.

I'll type that up, sign it, and add it to the folder.

[Nich-Nick 3,354]

Thanks N-N. I did not make over the required amount to file. The amount is $10,150 for a single under 65.

I'll type that up, sign it, and add it to the folder.

Don't forget your dad needs to include proof of his U.S. Citizenship (birth certificate or passport). They already have documentation that you are a USC, so you don't need that with your I-864, but you do need the domicile as we discussed as part of your I-864. Edited September 30, 2015 by Nich-Nick

[xDiamond 0]

Don't forget your dad needs to include proof of his U.S. Citizenship (birth certificate or passport). They already have documentation that you are a USC, so you don't need that with your I-864.

Thanks! Already have a copy of his birth certificate waiting to be printed.