Establishing Domicile. Help Much Appreciated!

[7Ken 15]

Are you planning to use a joint sponsor? If so a letter (affidavit) from them could help you considerably.

I notice in this thread is there is regular and DCF filing advice which is a little confusing.

Best of luck!

[janamaria 0]

Dumb question I guess.. but don't you have to "live" in the US to petition someone for immigration?

Also It's my understanding a petitioner must show intent to return to the US, not just domicile to file DCF?

I think that awaywego answered this a lot better than I could!

You're referring to "intent to reestablish domicile." This is an option for addressing the domicile requirement of I-864 sponsorship, and it's likely the one that janamaria will one to pursue.

janamaria, check the I-864 instructions for a bit more on domicile, including a starter list of evidence. The letter posted above is another good resource. Note, though, that it shows the two most common paths to addressing domicile – showing one has maintained and showing intent to reestablish – while you only need to go with one. NVC also has a bit on domicile in their I-864 FAQs.

For reestablishing domicile, you basically want to show that you are actively sorting things that need to be sorted in order to move, so finding a place and a job, preparing to ship your belongings, setting up school for any kids, and other things one does when one is preparing to move.

Each embassy/consulate is a bit different in how strict they are on this. There are plenty of posters around who have gone through London, and they might have some info for you on how strict it is.

Thanks so much for the reply! I will certainly look into the links you have given me (although they may be ones I have already read through) Do you think I would be better off re-establishing (but I am not sure if it would of lived there long enough to have it counted as my domicile to begin with, I was there for about 5 months travelling and living with family, though I did get my social security card during this time) or establishing it straight off?

I am finding the domicile thing so tricky! Especially since my husband and myself were planning on travelling around when we first entered the country instead of settling in one place. We are also self-employed so job offers wouldn't work either. I was planning on opening a bank account before we leave, I may try and book some freelance jobs before flying out (we are photographers.), get an estimate for shipping our stuff over eventually, is there anything else I could do? Or do I have to change my plans some what?

I didn't realise each consulate is different, is there a way to find out how the London office is with this?

Are you planning to use a joint sponsor? If so a letter (affidavit) from them could help you considerably.

I notice in this thread is there is regular and DCF filing advice which is a little confusing.

Best of luck!

I think I posted the competition initially in the wrong category! Woops Thank you for replying though! I am unsure about the joint sponsor thing at the moment, still trying to figure it out!

[NikLR 13,231]

Are you planning to use a joint sponsor? If so a letter (affidavit) from them could help you considerably.

I notice in this thread is there is regular and DCF filing advice which is a little confusing.

Best of luck!

The thread was moved after the OP confirmed they were going the DCF route. People who are filing DCF generally can help each other more with the domicile issues that arise.

In the Canada regional forum we have a special thread dedicated to domicile because our consulate is so strict about that issue.

[janamaria 0]

The thread was moved after the OP confirmed they were going the DCF route. People who are filing DCF generally can help each other more with the domicile issues that arise.

In the Canada regional forum we have a special thread dedicated to domicile because our consulate is so strict about that issue.

Oh wow, didn't realise it was so difficult in Canada! I will certainly take a look at the london specific threads.

[NikLR 13,231]

Oh wow, didn't realise it was so difficult in Canada! I will certainly take a look at the london specific threads.

When you share a border on the top and bottom of your country with the one you're trying to move to, it's pretty natural, at least IMHO, that they would expect the USC to get a job and home for the beneficiary to move to. It's not like crossing an ocean.

[janamaria 0]

When you share a border on the top and bottom of your country with the one you're trying to move to, it's pretty natural, at least IMHO, that they would expect the USC to get a job and home for the beneficiary to move to. It's not like crossing an ocean.

Haha, yes makes total sense!

[awaywego 28]

Thanks so much for the reply! I will certainly look into the links you have given me (although they may be ones I have already read through) Do you think I would be better off re-establishing (but I am not sure if it would of lived there long enough to have it counted as my domicile to begin with, I was there for about 5 months travelling and living with family, though I did get my social security card during this time) or establishing it straight off?

I am finding the domicile thing so tricky! Especially since my husband and myself were planning on travelling around when we first entered the country instead of settling in one place. We are also self-employed so job offers wouldn't work either. I was planning on opening a bank account before we leave, I may try and book some freelance jobs before flying out (we are photographers.), get an estimate for shipping our stuff over eventually, is there anything else I could do? Or do I have to change my plans some what?

I didn't realise each consulate is different, is there a way to find out how the London office is with this?

Perhaps it would help to look through the various examples of evidence that are given for each path and see what of that best fits your situation. However, having only been in the US for five months and even then not really lived in a specific place, I doubt you would have a convincing case for having maintained a domicile or being temporarily abroad (which I think is part of the description for that option in the I-864 instructions).

You might need to change pans a bit to show that you intend to live somewhere specific. Many posters initially move in with parents, another relative, or friends, then search for an apartment from that home base.

Think about things you'll need to do to prepare to move. For example, you're both self-employed, but will you need to set up a business in the US for said self-employment? You could look into the steps required for that and perhaps start on those steps.

You can search through embassy reviews here on VJ or through old posts in this board to see what others who have gone through London have reported about what they've offered for domicile and what the officers there have said about it. There is also a London DCF guide in the wiki here. I'm not sure exactly what's in it, but there might be a bit on domicile. (The links to these sections are at the top of the page if on a computer.)

Hopefully this helps!

[7Ken 15]

As you mentioned in your original post a "rental agreement" would show what you need.

Later you said you were looking into using a joint sponsor.

You'll need a US address at least for your spouses SS and green card.

I think if your joint sponsor writes a letter stating you have a place to live and welcoming your spouse it should be sufficient. I'm in another country but it worked for me. Just to be on the safe side I had the "Affidavit" notarized.

[janamaria 0]

Perhaps it would help to look through the various examples of evidence that are given for each path and see what of that best fits your situation. However, having only been in the US for five months and even then not really lived in a specific place, I doubt you would have a convincing case for having maintained a domicile or being temporarily abroad (which I think is part of the description for that option in the I-864 instructions).

You might need to change pans a bit to show that you intend to live somewhere specific. Many posters initially move in with parents, another relative, or friends, then search for an apartment from that home base.

Think about things you'll need to do to prepare to move. For example, you're both self-employed, but will you need to set up a business in the US for said self-employment? You could look into the steps required for that and perhaps start on those steps.

You can search through embassy reviews here on VJ or through old posts in this board to see what others who have gone through London have reported about what they've offered for domicile and what the officers there have said about it. There is also a London DCF guide in the wiki here. I'm not sure exactly what's in it, but there might be a bit on domicile. (The links to these sections are at the top of the page if on a computer.)

Hopefully this helps!

Massively helpful, thanks so much!

As you mentioned in your original post a "rental agreement" would show what you need.

Later you said you were looking into using a joint sponsor.

You'll need a US address at least for your spouses SS and green card.

I think if your joint sponsor writes a letter stating you have a place to live and welcoming your spouse it should be sufficient. I'm in another country but it worked for me. Just to be on the safe side I had the "Affidavit" notarized.

Yes I think you're right there about needing the address at least for some things. I think I will have to sort that out. Thanks for the reply!