Proof of main sponsor's intent to re-establish US domicile?

[LondonWelsh 0]

Hi everyone

Has anyone had experience of their sponsor having not lived in the USA for some time?

My husband has ILR in the UK and has been here 10 years. We are looking to relocate with our son to the US next year. He hasn't been filing with the IRS so needs to back-file (he hasn't earned enough but didn't realise he was still meant to file or something!) but other than that I'm hoping our connections to the US will be enough that they accept us. He is my petitioner and we will have his FiL as a joint sponsor.

I can see on this document http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdfthe following caveats for those not currently living in the States:

2. You are living abroad temporarily. If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include: A. Your voting record in the United States; B. Records of paying U.S. state or local taxes; C. Having property in the United States; D. Maintaining bank or investment accounts in the United States; E. Having a permanent mailing address in the United States; or F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

3. 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. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

We are able to say the following:

a) My husband has kept a mailing address in the States (his father's house, next door to the one we will live in- in fact he has a current US drivers licence registered there)

b) My husband voted in 2008 in the US election (but not for some reason in 2012, perhaps having a newborn baby distracted him!)

b) My Father in Law will have work for him - he's self-employed and my husband will essentially be able to join the family business. My FiL can attest to this.

c) My FiL owns a house next door to his own which we are intending to move to - again my FiL can put this in writing.

d) I have begun making enquiries into local schools and preschools/nurseries for our son- I can print off emails I've had with local residents in the neighbourhood we're moving to, asking their advice.

Has anybody had similar experience, and would you say the above would be enough?

Thanks in advance for any assistance!

LW

[LondonWelsh 0]

OH and the other thing I'm hoping will help-

As soon as our son was born in 2012 we made sure he got American citizenship with the Embassy - so he has his passport/SS number/certificate of birth abroad. I'm thinking this will help show my husband always had intent to move back there with his family?

LW

I also have photos of us spending Christmas 2014 in the house we will be moving in to - it was our 'trial run'

[Nich-Nick 3,354]

Document those things on paper signed by Dad...the job, house. Take along a photo in the house. Print emails about the schools. Maybe email school directly about openings? London doesn't make a big deal of it. Do you have a house in the UK you will sell? If so get an evaluation from an estate agent showing you are making preliminary plans to list.

[lost_at_sea 995]

In case you haven't already seen it, you should read my guide on this process because you've been asking a lot of question that may be answered there already / will come up: http://www.visajourney.com/wiki/index.php/DCF_London

What you're suggesting fits with London's recommendations, however, so you're probably fine. Get what you can in writing.

http://www.visajourney.com/wiki/index.php/DCF_London#Note_about_domicile_requirements

Edit: Oops! Typing at the same time as Nich-Nick!

Edited December 15, 2015 by lost_at_sea

[Nich-Nick 3,354]

London webpage also addresses the domicile issue. I gave you the link before to the FAQs http://london.usembassy.gov/iv/ivfaqs_affidavit/domicile.html

[LondonWelsh 0]

Thank you all for replies- sorry if I'm repeating myself, I'm trying to get everything straight and include all information in case the one little thing I leave out is pertinent, or someone reading has had the exact same or very similar scenario!

I will check those links again

Document those things on paper signed by Dad...the job, house. Take along a photo in the house. Print emails about the schools. Maybe email school directly about openings? London doesn't make a big deal of it. Do you have a house in the UK you will sell? If so get an evaluation from an estate agent showing you are making preliminary plans to list.

We are renting in the UK, so we won't give our notice in here on our lease until we know the visa is a certainty. I have emailed the school but he won't be starting there til 2017 so I'll email some nurseries directly as well

[Darnell 8,478]

remember - there are 2 paths on domicile:

1. prove up of domicile or

2. prove up of intent to re-establish domicile.

proof needed varies much between the two - there's a section about it in the link in my sig area (viewable when logged in from a pc and have 'view signatures' enabled in your profile) along with some sample letters that MUST be edited pertaining to 1 or 2.

[LondonWelsh 0]

Great, thank you. I am in danger conflating the two it seems!

I'll check the link as suggested. Looks v.useful!

remember - there are 2 paths on domicile:

1. prove up of domicile or
2. prove up of intent to re-establish domicile.

proof needed varies much between the two - there's a section about it in the link in my sig area (viewable when logged in from a pc and have 'view signatures' enabled in your profile) along with some sample letters that MUST be edited pertaining to 1 or 2.

[Darnell 8,478]

ya, conflate the two = confuse the Vice-Consul Visa Officer giving you an interview, and that would suck, for a bit.

remember, there's a world of difference between:

1. Dad says we can have the house next door versus

2. a signed letter of attestation granting 9 months of free domicile on 190 PepperWood Way, Box Canyon AZ 89003.

Edited December 16, 2015 by Darnell

[LondonWelsh 0]

Very good point. I will talk to my Father in Law about the exact terms of us staying there and make sure he can put everything in writing with official language and signed.

Thanks again

ya, conflate the two = confuse the Vice-Consul Visa Officer giving you an interview, and that would suck, for a bit.

remember, there's a world of difference between:

1. Dad says we can have the house next door versus
2. a signed letter of attestation granting 9 months of free domicile on 190 PepperWood Way, Box Canyon AZ 89003.

[NikLR 13,227]

OP are you doing DCF or did you send to the chicago lockbox?

[LondonWelsh 0]

Hi, we are filing with the US Embassy in London

OP are you doing DCF or did you send to the chicago lockbox?

[NikLR 13,227]

Thank you

~~moved to DCF from IR1/CR1 process and procedures~~

[LondonWelsh 0]

Thanks for moving to corect place- I'm stll getting used to the forums and the terminology used!

Thank you

~~moved to DCF from IR1/CR1 process and procedures~~

Just to say thanks again for the link - I'm printing it out!

Very good point. I will talk to my Father in Law about the exact terms of us staying there and make sure he can put everything in writing with official language and signed.

Thanks again

[LondonWelsh 0]

Hello there!

It's been a while but we're finally at the stage of being almost ready for interview... almost...

I've drafted this letter for my FiL to sign to pledge support for my application and for my husband's re-domicile, would anyone be able to look at it for me and see if it looks ok? Any thoughts much appreciated!

Here it is with identifying info taken out

Anything else needed?

LW x

[name redacted]

[address redacted]

June 24th 2016

U.S. Embassy London
24 Grosvenor Square
London, W1A 2LQ

Re: US Spouse Visa application of [name redacted], case number [redacted].

To whom it may concern:

I am the father-in-law and co-sponsor of [name redacted], and the father of [name redacted], her main sponsor.

In addition to my affidavit of support and the documents provided alongside it, this letter is to support Ms [name redacted]'s visa application, and my son’s re-domicile in the United States.

I would like to give formal notification that on their arrival to the United States I will:

1. Provide my son [name redacted] and his family, being the aforementioned petitioner, Ms [name redacted] and their son [name redacted], free domicile for 12 months at [address redacted] which is a property I own (please see supporting document of mortgage statement).

2. Provide my son [name redacted] with work, alongside myself in my profession as [redacted], for as long as he needs it.

Sincerely,

[name redacted]

e: [redacted]

t: [redacted]