DCF New Delhi - I-864 Question - Questions on moving back to the U.S.

[m0ss 0]

Hello,

I was recently engaged and we are planning to register our marriage in India in a civil ceremony with the big reception in the U.S. so my extended family can attend.

From my understanding, I need to have intent to re-establish my domicile in the U.S. OR have current domicile in the U.S.

I was planning to file the I-130 and wait for it to be approved. Then I would start my move back to the U.S. (I am in India for a 1 year temporary assignment and I am expected to go back to my U.S. home office and re-establish my employment at the same company - I am currently employed by their India subsidiary).

Is moving back the best process to overcome the intent of re-establishing domicile?

I can also ask my employer to generate a job offer letter effective at the end of my 1 year assignment to prove intent to re-establish domicile, if needed.

My current income in India is $100k USD and once I return to the U.S., it will stay the same (but it also might increase due to annual raises).

Thank you for your help!!

Edited January 7, 2016 by m0ss

[nbalaji04 0]

Hi moss,

I am also filing for i130. I don't think there will be an issue for you with intent to domicile. Since you are here in India temporarily and can show the employment details to prove that.

From i864 instruction form

. 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.