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Posted
TheRobinsons,

I'm so sorry to hear that... "establishing domicile in the US" is very important detail to them. We live in Italy, therefore, we don't have a resident in the US. What my husband did, is printed out all bank statments, all stock/bonds/mutual funds/retirement investments, to prove that he (or we) plan to stay and live in the US. Basically showing all assets are invested in the US.

Good luck, I hope they don't send you a refusal letter.

W.

What? What what what? :blink: You have to prove domicile in the US? But what if, to file abroad, you have to prove residency abroad? I hadn't clued into this "establishing domicile in the US" bit... I mean, why would anyone go through all this immigrant visa money and bother if they didn't want to live in the USA? Do they take the country of application into account? What if your only assets in the US are a few credit cards and a (rapidly dwindling) bank account? We were going to use my parents' address for our US address.

The Robinsons - I'm so sorry it went badly like that. I really hope you get good news.

9-12/2004 - met and fell in love in Bulgaria

2004 - 2006 - travel, travel, travel...

11/2006 - moved to Bulgaria

1/2007 - engaged

4/2007 - wedding

DCF for CR-1 Visa BEGINS:

5/16/2007 - I-130 filed at Sofia, Bulgaria embassy

Posted
TheRobinsons,

I'm so sorry to hear that... "establishing domicile in the US" is very important detail to them. We live in Italy, therefore, we don't have a resident in the US. What my husband did, is printed out all bank statments, all stock/bonds/mutual funds/retirement investments, to prove that he (or we) plan to stay and live in the US. Basically showing all assets are invested in the US.

Good luck, I hope they don't send you a refusal letter.

W.

What? What what what? :blink: You have to prove domicile in the US? But what if, to file abroad, you have to prove residency abroad? I hadn't clued into this "establishing domicile in the US" bit... I mean, why would anyone go through all this immigrant visa money and bother if they didn't want to live in the USA? Do they take the country of application into account? What if your only assets in the US are a few credit cards and a (rapidly dwindling) bank account? We were going to use my parents' address for our US address.

The Robinsons - I'm so sorry it went badly like that. I really hope you get good news.

Hi Malka,

Yes you can use your parents address as your address. It just seems that the consular officer was a bit bitchy and the robinsons just werent prepared for that. Im sure that if they do get denied that theyll be able to appeal it. Thats such a stupid reason to get denied. .

I dont really think that the Embassies can expect for us to have 2 houses or apartments (1 abroad and 1 in the US) in order to get a visa.

Hell worst case scenario jut use your last known address in the US. It s not like the US has a database of current residencies like the rest of Europe does. Then when you do get back you can change that address to the one U plan to live at.

Fofire

Posted (edited)

Domicile is something they verify as there are some USC's who were born abroad and have always lived abroad, never having lived in the US. And they also want to make sure that the foreign relative will not be living in the US without the USC. It may sound ridiculous to all of us, but I guess it does happen.

To see more about proving domicile, check the I-864 instructions.

TheRobinsons,

I'm so sorry to hear that... "establishing domicile in the US" is very important detail to them. We live in Italy, therefore, we don't have a resident in the US. What my husband did, is printed out all bank statments, all stock/bonds/mutual funds/retirement investments, to prove that he (or we) plan to stay and live in the US. Basically showing all assets are invested in the US.

Good luck, I hope they don't send you a refusal letter.

W.

What? What what what? :blink: You have to prove domicile in the US? But what if, to file abroad, you have to prove residency abroad? I hadn't clued into this "establishing domicile in the US" bit... I mean, why would anyone go through all this immigrant visa money and bother if they didn't want to live in the USA? Do they take the country of application into account? What if your only assets in the US are a few credit cards and a (rapidly dwindling) bank account? We were going to use my parents' address for our US address.

The Robinsons - I'm so sorry it went badly like that. I really hope you get good news.

Edited by iluvmymac

emblem_top2.gifusaflag.gif

Timeline:

01/31/07 - I-130 fedexed to California

02/01/07 - I-130 received by USCIS California

02/13/07 - received NOA1

04/10/07 - Petition approved (64 days)

04/17/07 - Received NOA2, petition on it's way to NVC

05/07/07 - Still nothing from NVC (those bums!)

----------

04/05/07 - Re-filed I-130 at Tokyo embassy with no problems! (didn't need to canx first petition)

04/12/07 - Petition at embassy is approved (7 days!)

04/16/07 - Received notice of approval from embassy, submitted interview request

04/17/07 - Received notice of interview, which will be May 7

05/07/07 - Had interview at embassy, visa approved!

05/08/07 - Passport with visa delivered!!!!

Dang, the Tokyo embassy is fast!

Posted

Thanks for the info and clarification! I get a little paranoid that I'll get blindsided at the last minute by something I never even thought to worry about! :blush:

9-12/2004 - met and fell in love in Bulgaria

2004 - 2006 - travel, travel, travel...

11/2006 - moved to Bulgaria

1/2007 - engaged

4/2007 - wedding

DCF for CR-1 Visa BEGINS:

5/16/2007 - I-130 filed at Sofia, Bulgaria embassy

Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted

This is what the embassy told us. There are 2 ways of proving domicile in the US if you do not live there.

1: Prove that you're in the foreign country temporarily (like having saving accounts - that you still have money in - from when you were living in the us, or a temporary visa from the government in the foreign country)

OR

2: Prove that you're intending to return to the US. Like signing a lease, buying a house etc. Appearently a c/o address and an expired residence permit in the foreign country is not enough.

And see this is where I'm seriously unhappy if they decide to send us a refusal letter. BECAUSE in the I-864 instructions it clearly says: "Other proof could be evidence that you are a student studyingabroad or that a foreign government has authorized atemporary stay." Now when we filed the I-130 they checked my husband's passport and actually commented on the fact that his residence permit/visa to denmark was TEMPORARY! So how the f**k can they have any doubts of his domicile being in the US? I'm just asking.

NOTE: IF YOUR PETITIONER CANNOT PROVE US DOMICILE YOUR VISA WILL BE DENIED AND YOU CANNOT USE A JOINT SPONSOR.

Dec 19, 2006 - Married at the city hall in Denmark

Jan 05, 2007 - Filed I-130 at the US embassy in Copenhagen (Approved)

Jan 30, 2007 - Received e-mail from embassy, I-130 has to be re-approved in London, we both need to file G-325A

Jan 31, 2007 - G-325A sent to US embassy in Copenhagen

Feb 15, 2007 - OP-169, DS 230 I & II, I-864 sent to US embassy in Copenhagen

Feb 27, 2007 - US embassy Copenhagen, I-130 re-approved and back

Mar 03, 2007 - Receive packet 4 - interview date April 12th

Mar 06, 2007 - Call from embassy - interview date is now on March 8th

Mar 08, 2007 - Interview at embassy - Visa approved IF medical report is all clear

Mar 14, 2007 - Medical exam

Apr 07, 2007 - Visa packet received

Apr 17, 2007 - POE Newark Intl. Airport

Apr 23, 2007 - USCIS refuse to change my mailing address

May 07, 2007 - Re-file for SSN

May 10, 2007 - USCIS receive visa packet from Newark

May 11, 2007 - Gets SSN

May 19, 2007 - Receive SS card

Jul 10, 2007 - Receive letter from TSC: greencard returned by post office - will re-send (duh!!!)

Sep 17, 2007 - Receive Welcome Letter

Feb 01, 2008 - Gets NC License - DMV will only issues it until Apr 17 08 (expiration date on entry visa in passport) since greencard not in hand

Mar 06, 2008 - After 10 months and some change GC FINALLY in hand!!

Apr 17 - Present: USCIS has managed to switch my case # with some else, send my greencard to the wrong address and had to make 3 - yes 3 - service requests on sending out my card

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

This is getting to be a scary thread....Can someone clarify for me? My wife is the dual Canadian/US citizen - I am a Canadian citizen. We both live in Canada and neither of us have ever lived in the US. Our purpose of filing the I-130 is so we can move from Canada to the US an dlive/work there. If I'm understanding this correctly - does this mean we'll have a tough time etting my visa because neither of us have a residence in the US?

Thanks for any info you could provide

Darryl

08/26/2006 Wedding in Canada

09/05/2006 Filed I-130 petition at Toronto US Embassy

09/05/2006 I-130 approved at Embassy

09/29/2006 Packet 3 arrived with official approval letter

10/13/2006 Sent Packet 3 back to Montreal via registered mail

10/17/2006 Montreal rec'd Packet 3

11/01/2006 Called Montreal - said interview would be scheduled Jan/Feb

01/10/2007 Called Montreal - said interview would be scheduled in Feb

02/06/2007 Called Montreal - were told communication was coming

02/10/2007 Rec'd letter from Montreal re: Adam Walsh Act delays

03/13/2007 Rec'd letter from Montreal saying we're clear from Adam Walsh and back on track

03/15/2007 Rec'd email from Montreal saying interview would be scheduled in next 4-12 weeks

Unknown Finally had interview in Montreal - passed!

Unknown Got green card in the mail

unknown Applied for & rec'd SSN

08/20/2007 Moved to the USA

03/01/2009 Starting sending in my I-751 removal of green card conditions

Posted
Thanks for the info and clarification! I get a little paranoid that I'll get blindsided at the last minute by something I never even thought to worry about! :blush:

Unfortunatly we are already all getting paranoid and very stressed about the final interview... Specially now more after whats happened to the Robinson's the 8 march during her final interview at the embassy...

- Nov 2006

Paris Civil Wedding

- Jan 2007

DCF (CR1-CR2)

I-130 Aproved the same day i went to Paris Embassy

Form DS-2001 sent back to Paris Embassy

Got appointment letter for the final interview in March 2007 with my Case number.

Packet 4

Adam walsh law, call from embassy final interview postpone

Paris Embassy sent all pending I-130 petitions to Roma uscis for an Petionner background check

- Feb 2007

Medical visit

I- 130 petitions back from the Roma uscis ''reaproved''

Call from Paris Embassy confimation for my final interview in March 2007.

- March 2007

Final interview date: CR1-CR2 Aproved

Passports with visas came by chrono 5 days after interview.

57 days in total

- April 2007

Moving to USA

Atlanta POE

Filed: Country: United Kingdom
Timeline
Posted (edited)

All,

As noted, there is a significant difference between "domicile" and "residence". I have included the three best information links I could find regarding domicile in the DCF Guide.

(the first link should be updated to: http://travel.state.gov/visa/immigrants/ty...ypes_2991.html)

From the Dept of State:

Domicile: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas.

Darryl: your wife may be required to show that she has taken steps to establish her new residence in the US visa some of the suggested ties: leasing/renting housing, arranging schooling for any kids, banking, voting, certainly with income tax returns (required). You two may want to pay special attention to this section of your process since your USC has not lived in the US. Others have managed this; VJ poster Yovav moved from Israel with his wife under similar circumstances.

The Robinsons may find that there are other acceptable ways to show domicile than what's quoted as from the Embassy.

malka: I had been in Greece for a good while when I filed and used the 'temporarily resident abroad' angle. Caveat: I did own my own home in the US and used that address (while having my mail forwarded away from it to my folks').

eta: The London US Consulate's website also had good domicile info--I don't have the link to hand.

Edited by meauxna

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted

One question

On I-864 FORM, PART4

On 12 mailling address : what adress should we write the abroad one or the US one.

On 13 Place of residence: what adress should we write the abroad one or the US one

im getting very confused

Thanks for ur answers

- Nov 2006

Paris Civil Wedding

- Jan 2007

DCF (CR1-CR2)

I-130 Aproved the same day i went to Paris Embassy

Form DS-2001 sent back to Paris Embassy

Got appointment letter for the final interview in March 2007 with my Case number.

Packet 4

Adam walsh law, call from embassy final interview postpone

Paris Embassy sent all pending I-130 petitions to Roma uscis for an Petionner background check

- Feb 2007

Medical visit

I- 130 petitions back from the Roma uscis ''reaproved''

Call from Paris Embassy confimation for my final interview in March 2007.

- March 2007

Final interview date: CR1-CR2 Aproved

Passports with visas came by chrono 5 days after interview.

57 days in total

- April 2007

Moving to USA

Atlanta POE

Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted
This is getting to be a scary thread....Can someone clarify for me? My wife is the dual Canadian/US citizen - I am a Canadian citizen. We both live in Canada and neither of us have ever lived in the US. Our purpose of filing the I-130 is so we can move from Canada to the US an dlive/work there. If I'm understanding this correctly - does this mean we'll have a tough time etting my visa because neither of us have a residence in the US?

Thanks for any info you could provide

Darryl

Hi Darryl,

You'll have the same issues as we've had. Proving that you've taken steps to establish domicile in the US. You will also need to find a joint sponsor since I'm guessing your wife has never filed a US tax return or has a continuing source of income in the US. But good luck.

Tine

Dec 19, 2006 - Married at the city hall in Denmark

Jan 05, 2007 - Filed I-130 at the US embassy in Copenhagen (Approved)

Jan 30, 2007 - Received e-mail from embassy, I-130 has to be re-approved in London, we both need to file G-325A

Jan 31, 2007 - G-325A sent to US embassy in Copenhagen

Feb 15, 2007 - OP-169, DS 230 I & II, I-864 sent to US embassy in Copenhagen

Feb 27, 2007 - US embassy Copenhagen, I-130 re-approved and back

Mar 03, 2007 - Receive packet 4 - interview date April 12th

Mar 06, 2007 - Call from embassy - interview date is now on March 8th

Mar 08, 2007 - Interview at embassy - Visa approved IF medical report is all clear

Mar 14, 2007 - Medical exam

Apr 07, 2007 - Visa packet received

Apr 17, 2007 - POE Newark Intl. Airport

Apr 23, 2007 - USCIS refuse to change my mailing address

May 07, 2007 - Re-file for SSN

May 10, 2007 - USCIS receive visa packet from Newark

May 11, 2007 - Gets SSN

May 19, 2007 - Receive SS card

Jul 10, 2007 - Receive letter from TSC: greencard returned by post office - will re-send (duh!!!)

Sep 17, 2007 - Receive Welcome Letter

Feb 01, 2008 - Gets NC License - DMV will only issues it until Apr 17 08 (expiration date on entry visa in passport) since greencard not in hand

Mar 06, 2008 - After 10 months and some change GC FINALLY in hand!!

Apr 17 - Present: USCIS has managed to switch my case # with some else, send my greencard to the wrong address and had to make 3 - yes 3 - service requests on sending out my card

Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted
One question

On I-864 FORM, PART4

On 12 mailling address : what adress should we write the abroad one or the US one.

On 13 Place of residence: what adress should we write the abroad one or the US one

im getting very confused

Thanks for ur answers

Hi,

We wrote my husband's c/o address in the US on both. But then again that was because he's not officially living in Denmark anymore. As far as I get, if both of you live abroad you're gonna have to write your foreign address on both and then add papers proving you've taken steps to re-establish US domicile.

Dec 19, 2006 - Married at the city hall in Denmark

Jan 05, 2007 - Filed I-130 at the US embassy in Copenhagen (Approved)

Jan 30, 2007 - Received e-mail from embassy, I-130 has to be re-approved in London, we both need to file G-325A

Jan 31, 2007 - G-325A sent to US embassy in Copenhagen

Feb 15, 2007 - OP-169, DS 230 I & II, I-864 sent to US embassy in Copenhagen

Feb 27, 2007 - US embassy Copenhagen, I-130 re-approved and back

Mar 03, 2007 - Receive packet 4 - interview date April 12th

Mar 06, 2007 - Call from embassy - interview date is now on March 8th

Mar 08, 2007 - Interview at embassy - Visa approved IF medical report is all clear

Mar 14, 2007 - Medical exam

Apr 07, 2007 - Visa packet received

Apr 17, 2007 - POE Newark Intl. Airport

Apr 23, 2007 - USCIS refuse to change my mailing address

May 07, 2007 - Re-file for SSN

May 10, 2007 - USCIS receive visa packet from Newark

May 11, 2007 - Gets SSN

May 19, 2007 - Receive SS card

Jul 10, 2007 - Receive letter from TSC: greencard returned by post office - will re-send (duh!!!)

Sep 17, 2007 - Receive Welcome Letter

Feb 01, 2008 - Gets NC License - DMV will only issues it until Apr 17 08 (expiration date on entry visa in passport) since greencard not in hand

Mar 06, 2008 - After 10 months and some change GC FINALLY in hand!!

Apr 17 - Present: USCIS has managed to switch my case # with some else, send my greencard to the wrong address and had to make 3 - yes 3 - service requests on sending out my card

Filed: Country: Brazil
Timeline
Posted

How far you go to have to prove domicile depends on the country. In Brazil for instance, all I have to show is that we have a "plan" when we get back to the US. At our I-130 interview, I directly asked the interviewer if I would have to return to the US before my wife's visa interview, to prove that I intend to live there again. He told me all that I need to do is to have a plan when I get back to the US. I am going to write up something stating that I plan to get work in a certain industry, and that I will be returning to school soon, etc.

Again, I hope you get good news soon.

 
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